RMS OF SERVICE
Last Updated: March 14, 2012
Rizen LLC. (“Rizen”, or “we”) is a game publisher that delivers immersive and accessible social games (each a “Games”) on its site at www.ninjawars.ru (“Rizen Site”) as well as, in our discretion, on a number of third party-platforms, including social networks (each a “Third Party Platform”). The services offered by Rizen encompass the Games, the Rizen Content (as defined below) and any associated services (the foregoing, collectively, the “Services”).
Eligibility and Rizen Account Registration
In order to play Games on the Rizen Site, you will need to register and become a “Member”. In order to do so, you can create an account on the Rizen Site (“Rizen Account”) or log in via a Third Party Platform (e.g., via Facebook Connect). For Games available on Third Party Platforms, you will just have to click on the Rizen application available on the applicable Third Party Platform (“Application”). Upon clicking on the Application, we will extract the information that you have provided to the Third Party Platform (such as, for instance, your “real” name and your user name, such as your Facebook ID) from the account that you have with such Third Party Platform). You represent that the information in your Rizen Account or Third Party Platform’s account, and any other piece of information otherwise provided to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. Rizen reserves the right to suspend or terminate your Rizen Account or your access to the Services if any information provided to us proves to be inaccurate, not current or incomplete. Rizen reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights. If you are not a Member you may browse or use the parts of the Services that are not limited to Members only.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Rizen Account or Third Party Platform’s account, whether or not you have authorized such activities or actions. You will immediately notify Rizen of any unauthorized use of your accounts.
Use of the Services
Points and Virtual Goods
As part of the Services, you may have the opportunity to obtain points that can be used within the Games (“Points”), by purchasing such Points directly from Rizen or a Third Party Platform for “real world” money. You acknowledge and agree that:
Rizen Content License
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Rizen policy, Rizen grants you a non-exclusive, non-transferable, revocable limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
You agree not to do any of the following:
Copyrighted Materials: No Infringing Use.
You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Rizen has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rizen Site and Services (“Feedback”). You may submit Feedback by contacting us at support.ninjawars.ru. You hereby grant to Rizen a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use the Feedback in connection with the Services and any other media, whether existing now or developed in the future.
Interactions between Users
Sweepstakes and Contests
Third Party Advertising; Links to Third Party Sites
Termination and Rizen Account Suspension or Cancellation
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RIZEN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
RIZEN MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RIZEN MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RIZEN OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER RIZEN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RIZEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT RIZEN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, RIZEN WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE RIZEN SITE OR THROUGH THE SERVICES.
IN NO EVENT WILL RIZEN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RIZEN SITE, SERVICES OR GAMES EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RIZEN AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Controlling Law and Jurisdiction
No data available