HELLGATE: LONDON BETA TEST TERMS OF SERVICE
Last Modified on September 17, 2007
BY CLICKING "ACCEPT" BELOW, YOU ARE AGREEING TO BE BOUND BY THIS LEGAL CONTRACT.
Thank you for participating in the Beta test (the "Beta Test") of HELLGATE: LONDON (the "Game"). These Terms of Service (the "TOS" or "Agreement") set forth the terms and conditions under which Ping0 LLC ("Ping0" or "we") provides you access to the service that allows players to experience the Game in an online, multi-player environment (the "Service"). This Agreement does not supersede the HELLGATE: LONDON End User License Agreement (the "EULA") that accompanied the software you licensed (the "Game Client"). The EULA governs your use of the Game Client, and this Agreement governs your use of the Service.
1. Requirements. Before you can use the Service, you must: (i) agree to the TOS, the EULA, the Code of Conduct and the Privacy Policy; (ii) purchase a valid license to the Game Client, or in the case of the Beta test, register to participate and receive a Beta invitation from Ping0, as determined by Ping0 in its sole discretion, (iii) register for an account on the Service (an "Account"), (iii) and meet the hardware and connection requirements published on the
www.HellgateLondon.com website (the "Website"). These requirements may change as the Game and the Service evolve. You are responsible for any internet connection fees that you incur when accessing the Service.
2. TOS Updates. Ping0 will revise this Agreement as the Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised Agreement. You must agree to all revisions if you choose to continue using the Service. By using the Service, you agree to the then-current version of this Agreement as posted on the Website at
http://www.hellgatelondon.com/terms. If at any point you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Service.
3. Code of Conduct and Privacy Policy. By clicking "ACCEPT" below or using the Service, you represent that you have read and consent to our Code of Conduct (
http://www.hellgatelondon.com/codeofconduct), incorporated herein by this reference, and Privacy Policy (
http://www.ping-0.com/privacy.html). Ping0 may revise the Code of Conduct and Privacy Policy at any time, and the new versions will be available at the above links. If at any point you do not agree to any portion of the Code of Conduct or the Privacy Policy, you must immediately stop using the Service.
4. Game Updates. In an effort to improve the Service, Ping0 may require that you download and install updates to the Game Client. You acknowledge and agree that Ping0 may update your Game Client with our without notifying you.
5. Ownership. The Game Client and the Service are copyrighted works owned by Ping0 and its licensors. Ping0 and its licensors reserve the exclusive right to create derivative works based on the Game, the Game Client and/or the Service. You agree that you will not create any work of authorship or create any derivative works based on the Game, the Game Client or the Service except as expressly set forth in the Flagship Studios, Inc. Fan Art Policy and Terms of Use located at
http://www.hellgatelondon.com/fan-art-policy. Any reproduction or redistribution of the Game Client or use of the Service not in accordance with the EULA and the TOS is expressly prohibited by law, and may result in severe civil and criminal penalties.
6. Termination of Service. The Service is a closely-controlled virtual environment owned and maintained by Ping0, and Ping0 reserves the right to deny service to any player at Ping0's sole and absolute discretion. The Service is offered with the understanding that Ping0 may terminate any Account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of the EULA, the TOS or the Code of Conduct. Ping0 may stop offering and/or supporting the Service at any time.
7. ACCOUNTS AND SECURITY
7.1. Eligibility. You must be at least 18 years of age to register an Account on the Service. Minor children may play the Game using a parent or guardian's Account so long as the parent or guardian consents and accepts full responsibility for the conduct of the child.
7.2. Account. To access the Service, you must create an Account by completing the registration process. To the extent it is allowed during the Beta Test, you may create one (1) Account in the each of the American server set and the European server set (for a total of two (2) Accounts) for each registration key provided with the Game Client, and you must complete the registration process by providing current, complete and accurate information (including your email address) when prompted. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes.
7.3. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account you registered. If you choose a recurring subscription, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the Account. Ping0 may revise the pricing for the Service, and/or the subscription plans offered, at any time. A subscription only applies to one Account. If you have created an American server set Account and a European server set Account and you have registered for a subscription on the American server set Account, you will not be registered for a subscription on the European server set Account unless you register a subscription for that Account separately. If you register for a subscription in each of the American server set Account and European server set Account, you will be charged for two separate subscriptions. You acknowledge that refunds are not provided for any reason, and that you will not receive money back for prepaid time when the Account is closed, whether such closure was voluntary or involuntary. You will not be charged subscription fees during the Beta Test period.
7.4. Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the Account username and password. You agree to notify Ping0 immediately if you believe that an Account username and/or password have been compromised.
7.5. Account Sharing or Transfers. You may not share or transfer any Account, except that you may permit your minor child to use an Account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your username and password to anyone other than a minor child as set forth herein. You may not use or allow others to use the American server set Account and the European server set Account simultaneously.
7.6. Cancellation by You. You have the right to cancel any Account registered to you at any time. You may cancel any Account registered to you by following the instructions on the Website.
7.7. Effect of Account Termination or Cancellation. If you voluntarily terminate an Account supported by a paid subscription, or allow that Account to lapse, you may reactivate that Account at any time by purchasing a new subscription through the account interface on the Website. Accounts terminated by Ping0 for any type of abuse, including without limitation a violation of these Terms of Service, may not be reactivated for any reason.
8. CHARGES, BILLING AND FREE TRIALS
8.1. Trial Subscriptions. If you receive and use a free trial subscription, you may be required to provide Ping0 with payment information. In such cases, Ping0 will automatically begin to bill the Account when the free trial subscription expires, unless you cancel the Account before that time.
8.2. Lifetime Subscriptions. Ping0 may offer "Lifetime Subscriptions" to the Service, where "Lifetime" refers to the lifetime of the Service, not your lifetime. Accounts with Lifetime Subscriptions are subject to the same terms and conditions as Accounts on other plans, including without limitation Ping0's right to terminate the Account for any reason or no reason without issuing a refund.
9. RESTRICTIONS AND CONDITIONS OF USE
9.1. No Violation of Laws. You agree that you will not, in connection with your use of the Game Client or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
9.2. Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
9.3. No Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from the Service or the Game Client using any method not expressly permitted by Ping0; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Game Client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through the Game Client or the Service, including without limitation information about your character, other players, virtual items, or other Game data.
9.4. No Emulators. Only Ping0 is authorized to host a service that connects to, or interfaces with, the Game Client. You agree that you will not host, provide matchmaking services for, emulate or redirect communications originating from the Game Client or the Server. You may not establish an emulated Game environment, and doing so may result in civil and/or criminal liability.
9.5. No Modifications, Cheats, Hacks or Third Party Software. The Game, the Game Client and the Service are designed to give players an equal opportunity to excel in the Game. You agree that you will not create, distribute or use any third party software, including without limitation "mods," cheats, addons or hacks, designed to change or manipulate the Game environment, mechanics or user interface. The use of third party voice chat programs in conjunction with the Game is permitted so long as you abide by the terms of the license that governs your use of the chat program. Addons expressly approved by Ping0, if any, are listed on the Website.
10. USER CONTENT
10.1. Content. "Content" means any communications, images, sounds, and all the material and information that you upload or transmit through the Game, or that other users upload or transmit, including without limitation any chat text. You acknowledge and agree that all Content is owned by us (and/or our licensors) and is, at all times, our sole property and/or the sole property of our licensors. You agree that you may not upload or otherwise transmit on or through the Game any Content that is subject to any third-party rights. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of any Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to us all of your right, title and interest in and to such Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. To the extent such assignment is ineffective under applicable law, you hereby grant to us and our licensors, including without limitation our respective successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any Content.
10.2. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are playing the Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Game. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation chat text) for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement; (c) to protect our legal rights and remedies; (d) where we feel someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.
11. IN GAME ITEMS AND CURRENCY
11.1. Ownership of Items. Ping0 and its licensors own the Game and everything in the Game, including without limitation all in-game currency, characters, Accounts, items, artwork, music, other game assets and data generated by the Game (collectively, "Game Assets"). You acknowledge and agree that you have no proprietary interest in the Game Assets.
11.2. Out of Game Sales Prohibited. You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Game Assets, except that you may trade in-game items (e.g., armor, weapons, consumables) for other in-game items and/or in-game currency in an in-game transaction expressly permitted by Ping0 (e.g., an authorized transaction using an in-game auction house). For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing Game Assets (whether or not held by Accounts registered to you) outside of the Game, through a website, or any other medium, or exchanging Game Assets for anything of value in the real world.
11.3. No Account Transfers/Sales. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. The registration key that accompanies the Game Client can only be used to create one single Account. The transferability of your license to the Game Client is governed by the EULA; provided, however, that any transfer of the Game Client shall have no impact on the Account registered to you, and that Account shall not transfer with the Game Client. Purchasers of a license to a used Game Client will not be able to create an Account to enjoy the online version of the Game.
12. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PING0 DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
13. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
13.1. PING0, ITS AFFILIATES AND BUSINESS PARTNERS (INCLUDING WITHOUT LIMITATION FLAGSHIP STUDIOS, INC., ELECTRONIC ARTS INC., NAMCO BANDAI GAMES AMERICA INC. AND ARIA SYSTEMS, LLC (COLLECTIVELY, THE "RELATED PARTIES")) ARE NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL PING0 OR ANY OF THE RELATED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE GAME OR THE GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF PING0 OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ping0 and its affiliates shall be limited to the fullest extent permitted by law.
13.2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PING0 IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
13.3. You agree to indemnify, defend and hold Ping0 and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of any breach by you of this Agreement, the Code of Conduct or the EULA.
14. DISPUTE RESOLUTION AND GOVERNING LAW
14.1. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Terms of Service ("Dispute"), you and Ping0 agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Ping0 will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Ping0 at Ping0, LLC, 221 King Street, Suite 224, San Francisco, CA 94107 Attn: General Counsel.
14.2. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, either you or Ping0 may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website
www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines those costs to be excessive, Ping0 will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Ping0 may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
14.3. Restrictions. You and Ping0 agree that any arbitration shall be limited to the Dispute between Ping0 and you individually. YOU ACKNOWLEDGE AND AGREE THAT (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
14.4. Exceptions to Negotiations and Arbitration. You and Ping0 agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Ping0's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
14.5. Location. Any arbitration will take place in San Francisco, State of California, United States of America with the understanding that any party may attend the arbitration by video, phone and/or internet connection. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction in San Francisco, State of California, United States of America, and you and Ping0 agree to submit to the personal jurisdiction of that court.
14.6. Governing Law. Except as otherwise provided herein, this Agreement shall be is governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For players who access the Service from outside of the United States, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by Ping0 to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. You are responsible for compliance with local laws if and to the extent local laws are applicable.
14.7. Severability. You and Ping0 agree that if any portion Section 14 is found illegal or unenforceable (except any portion of 14.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 14.4 is found to be illegal or unenforceable then neither you nor Ping0 will elect to arbitrate any Dispute falling within that portion of Section 14.4 found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and Ping0 agree to submit to the personal jurisdiction of that court.
15. GENERAL
15.1. Third Party Beneficiaries. Notwithstanding anything to the contrary herein, you acknowledge that each of the Related Parties is a third-party beneficiary of this Agreement and, as such, has the right to bring an action directly against you for a breach of this Agreement.
15.2. TOS Revisions. The TOS may only be revised in a writing signed by Ping0, or published by Ping0 on the Website.
15.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ping0 as a result of the TOS or your use of the Service or the Game Client.
15.4. Assignment. Ping0 may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOS without Ping0's prior written consent, and any unauthorized assignment by you shall be null and void.
15.5. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
15.6. Attorneys' Fees. In the event any litigation is brought by either party in connection with the TOS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
15.7. Entire Agreement. The TOS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, the EULA.
15.8. No Waiver. Our failure to enforce any provision of the TOS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
15.9. Notices. All notices given by you or required under the TOS shall be in writing and addressed to: Ping0, LLC, 221 King Street, Suite 224, San Francisco, CA 94107 Attn: General Counsel.
15.10. Export Controls. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any material subject to restrictions under such laws to a personal or location prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
15.11. Equitable Remedies. You hereby agree that Ping0 would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT BY CLICKING ACCEPT AND/OR USING THE SERVICE, I ACKNOWLEDGE MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
, aber man kommt ja auch leicht an die US-Version 
Und ich sagte nicht, dass es schlecht aussieht, nur nicht mehr auf der Höhe der Zeit.