Terms and Conditions

IMPORTANT! PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MEDIA BLASTERS, LLC. BY SELECTING “ACCEPT” BELOW, YOU ARE AGREEING ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT YOU SHOULD SELECT “REJECT” AND NOT CONTINUE TO USE THE WWW.ALTEIL.COM SITE OR ANY OTHER MEDIA BLASTERS, LLC SITE.  IF YOU HAVE AN EXISTING ACCOUNT AND DO NOT AGREE WITH THESE TERMS, PLEASE GO TO THE SUPPORT PAGE AND SUBMIT A REQUEST TO DELETE YOUR ACCOUNT.

Welcome to Alteil, Media Blasters, LLC’s on-line card dueling game.  Alteil is the copyrighted work of Gamepot Inc, of Japan and its associated company, GP CoreEdge Inc.  Alteil is under license to Media Blasters, LLC, a corporation organized under the laws of the State of New York, United States of America, and its partners, divisions or labels, including AnimeWorks Game Shop, AnimeWorks, and Fever Dreams, LLC.  The following agreement (the “Agreement” or “Terms of Use”) describes the terms on which Media Blasters, LLC’s offers you access to its proprietary on-line service (“Service”).  The Service is governed by the terms and conditions contained in this Agreement, including any future revisions or changes (hereafter referred to as the “Agreement”). 
Any use of Alteil not in accordance with the Terms of Use is expressly prohibited.

You should carefully read the entire Terms of Service Agreement (“Agreement”) before using any website (“Site”) and services (“Services”) of Media Blasters, LLC (“Company” or “Media Blasters”), Gamepot Inc, of Japan (“Licensor” or “Gamepot”)., GP CoreEdge Inc, of Japan (“CoreEdge”).

1. BINDING EFFECT.
This is a legally binding agreement. By using the Site or any Services provided in connection with the Site, you agree to abide by these Terms of Use. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT, WARRANT AND COVENANT THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

2. CHANGES TO THE SERVICE OR TERMS OF USE.
The Company reserves the right to amend, change, modify, supplement or delete any of the terms and conditions of this Agreement at any time at its sole discretion and without specific notice to you, effective with or without prior notice upon making the amended document available at the domain or subdomains of http://www.Alteil.com.  It is your responsibility to review these Terms of Use periodically, and if any future modifications to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately cease using the Site and Services, after going to the Support page and submitting a request that your account be deleted.  Your continued use of the Service following any changes to the Agreement is completely contingent upon your irrevocable acceptance of any and all such changes.  Media Blasters, LLC may also change, modify, suspend or discontinue any aspect of the Service at any time, as well as impose limits on features or restrict your access to the Site or Service at any time without notice or liability.

3. AGE REQUIREMENT.
You must be at least thirteen (13) years of age to access the Site or Services.  You represent, warrant and covenant that you meet this age requirement.  Media Blasters, LLC, and affiliated companies are not in the practice of collecting or keeping a record of personal or sensitive information, including email addresses and full names, about children under thirteen years of age.  If for any reason a Staff Member of the Company, including Forum Moderators and Game Moderators, suspects that you are under thirteen years of age, including because of a posting on the Site’s forums, your sensitive information will not be collected, and it will be deleted from all records immediately.  In this case, the Company also reserves the right to terminate or limit your use of the Service and/or the Site.

4. USERS UNDER 18 YEARS OF AGE.
You must be at least eighteen (18) years of age to purchase account upgrades, Gran (virtual currency) or other items by credit card or any other means.  To purchase account upgrades or other products, you must represent, warrant and covenant that you are at least 18 years old. When you purchase account upgrades or other products on behalf of a child under the age of 18, you certify that you are at least 18 years old and that you are the legal Guardian of the child. 

5. DESCRIPTION OF SITES AND SERVICES.
Alteil is an internet Service that allows you to play online games, such as online card dueling games, operated by the Company.  Also, the Company operates additional Sites and Services that accompany such games, including websites and forums.  The www.alteil.com website, game and all other services are collectively referred to as “Alteil” or the “Site and/or Services.”

6. YOUR OBLIGATIONS.
By registering or using the Sites and Services in any way, you agree completely and without limitation to the following:

a. You agree not to harass, threaten, stalk, defame, abuse, harm, reveal personal or identifying information about, embarrass, cause distress to, or otherwise give unwanted attention to other players;

b. You agree not to post, transmit or otherwise use any harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or content, (including misspellings or alternate spellings of the above,) and you also agree that it is the sole and absolute discretion of the Company to deem what qualifies as such on all accounts;

c. You agree not to post, send or make available in any way on the Service or Site, including on the forums or in the “Comments” sections, any advertising, promotional materials, any other form of commercial solicitation or any links to such material;

d. You agree not to transmit, communicate, post, collect, store or obtain by any means, fraudulent or otherwise, personal or identifying data about other people using the Site or Service;

e. You agree not to perform any action that disrupts the normal flow of the games and/or the normal flow of the dialogue or exchanges in posts and chats, or otherwise act in a manner that negatively affects other people’s ability to use the Service in any way;

f. If asked by a Staff Member, including any Forum Moderators or Game Moderators, to cease or alter any behavior or action, you will do so immediately;

g. You agree not to run more than one account simultaneously;

h. You agree not to alter the game code running in your browser in any way, including cheats, hacks, and exploits of any kind;

i. You agree not to cheat, hack, make any attack against, disobey any requirements, polices or regulations of, or otherwise disrupt or assist in the disruption of the Company’s servers, hosts or networks in any way, including overloading, “mail bombing”, “flooding”, “spamming” or “crashing,” and you understand that any attempt to do so may be a violation of criminal and civil laws;

j. You agree not to use any design errors, “exploits,” features which have not been documented, and/or "bugs" to perform any action, obtain any advantage, or gain any access that is otherwise not available to users, and you also agree to immediately report indications of any of the above to a Staff Member;

k. You agree not to use the Site or Service to transmit any viruses, worms, malware, spyware, or any other malicious computer code, or material that contains such code or to transmit such code to the Site or Service by any outside means;

l. You agree not to impersonate another person, including without limitation a Staff Member, including any Forum Moderators and Game Moderators, (abbreviated GM,) or communicate in the Service or Site in any way to make others believe your communication constitutes a server message or was otherwise posted by any Staff Member or agent thereof;

m. You agree only to use your own credit card or Paypal account with the Service.

7. PAYMENT OBLIGATIONS.
You may purchase Gran (virtual currency), virtual items and other components of the Services, with a major credit card or through PayPal. You agree to pay any all fees and charges that you incurred through your account without exception, including any taxes. You are solely and ultimately responsible for paying amounts billed to your credit card by the Company for products or services that you purchase on the Site or through the Service. If we do not receive payment from your credit card issuer or its agent in full, you agree to pay without delay or complaint all amounts due upon our demand. Your use of a credit card with the Service is governed that specific credit card issuer agreement, and you must refer to that agreement and not this Agreement to determine any applicable rights and liabilities you may have as a cardholder. If you are under 18 years old, you require the direct involvement of a parent or legal Guardian to make payments to the Company.

a. PAID ITEMS.
As a registered member of the Site and Service, you have the opportunity to purchase Gran. Gran may be redeemed within Alteil games for virtual cards, avatars and other items.

b. REFUND, CANCELLATION & REIMBURSEMENT POLICY.
 The Company will not, and is under no obligation to, refund or reimburse monies from any authorized transactions, including purchases of Gran, virtual items, access or services through the Site, for any reasons, including cancellation or termination by any party or dissatisfaction of the user.  The Company does not recognize the transfer of user accounts under any circumstance.  You many not purchase, sell, gift, or trade any account, Gran or other access or service, or offer to do such.

8. PROHIBITED USES.
You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:

a. Accessing content or data not intended for you for any reason, or logging onto a server or account that does not belong to you, or that you are not authorized to access, or that you have been banned from;

b. Attempting to, successfully or not, uncover vulnerabilities in the Site, Service, any associated system or network, or the security features thereof, by way of a probe, scan or test of any kind, or to breach security or authentication measures without proper authorization;

c. Forging header information, TCP/IP packet headers or otherwise manipulating identifiers in order to disguise the origin or sender, or any other component of any materials transferred through the Site or Service, by you or another party, including e-mails or posts; or

d. Uploading, posting, emailing or otherwise transmitting through the Site or Service any unsolicited transmissions, including, without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” promotions, or advertisements for products or services;

e. Attempting to, successfully or not, reproduce, distribute, translate, modify, adapt, create derivative works from, deconstruct, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Service. You understand that any violation of system or network security may subject you to civil and/or criminal liability.

Media Blasters, LLC and Gamepot Inc or its licensees are the only parties who have the right to host Alteil games. As such, you may not host, provide any type of matchmaking services for, intercept or emulate Alteil games, or redirect the communication between the Site or Service and its users or internal servers, regardless of method, including protocol emulation, reverse engineering, modifying, adding to or using a third party program with any Alteil games. Also, it is prohibited to use or create cheats, hacks, macros, bots, “mods”, emulators, third party software and “user interfaces” or any other method to alter the intended experience of playing Alteil games or using the Site and Service. 

Furthermore, you agree that you will not use or create third-party software or any other method that intercepts, “mines”, or otherwise collects information of any kind from or through the Site or Service.

8. REGESTRATION.
You are required to complete the registration process in order to use or access the Site or Service, by providing the complete and accurate information requested by the online registration form.  This may involve several pieces of information, which always includes your email address, a user name and password, except under cases covered by sub-section 8.2 below. Except where it states otherwise in sub-section 8.2, if you provide any piece or pieces of information that is untrue, inaccurate, or incomplete, or if the Company has reasonable grounds to suspect that such is the case, the Company reserves all right to suspend or terminate your account and access to the Sites and Services.

8.1 ACCOUNT SECURITY.
You are responsible for maintaining the security of your account and the confidentiality of your Login Information, including your Password, and you will be held responsible for all uses of your Login Information, whether or not such use has been authorized by you. The Company is not responsible in the event that your account is “hacked”, taken over by another user, damaged by a virus, or if any other issues occur with your account or your computer.  In the event that you become aware of or reasonably suspect any breach of security concerning your account, you must immediately notify the Company. If you report that your account or Login Information has been compromised, or any suspicion of such an event taking place, the Company reserves the right to suspend your account while the matter is under investigation. The Company will determine appropriate course of action in this circumstance, at its sole and absolute discretion. No matter the result, under no circumstances shall the Company be liable for any loss or alterations in your account that you incur as a result of someone else using your Login Information, with or without your knowledge or consent. Furthermore, you may be held liable for any losses incurred by the Company, Staff Members or agents due to your Login Information being compromised or used by someone else.

8.2 OPT OUT POLICY.
You have the right to “opt out” from any and all components or methods of or on the Site and Service that compiles, tracks, shares, or records any kind of information in any kind of personally identifying way.  To exercise this right, simply enter optout AT alteil DOT com as your e-mail address.  In addition, if you are choosing to opt out, your “login name,” “user name” and/or “Iczer name” can, under no circumstances, be your real name.  Entering your real name in any field or choosing not to enter optout AT alteil D O T com into the e-mail address field means you give your unequivocal consent to all provisions of data collection detailed in section 10.  Choosing to enter optout AT alteil D O T com into the e-mail address field and not entering your real name into any field means you are opting out.  Opting out will eliminate any personally identifying information from any and all of the Company’s records pertaining to the Site and Service.  All credit card information is handled off-site by Paypal and our credit card system providers, and is subject to our agreement with our provider and not this Agreement.  In the case that you opt out and continue using the Site and Service, you must agree without reservation that portions or features of the Site and Service, such as password recovery, depend on personally identifying or contact information, and therefore, the Company reserves the right to limit your use of the Service and/or the Site, and makes no guarantees that you will be able to access any components of the Service and/or Site to the same extent as users who do not opt out.

9. CONSENT TO RECEIVE EMAIL.
If you register to use the Site and Service and do not specifically and accurately follow the opt out instructions explained in section 8.2, you hereby consent to receive periodic newsletters and other types of email communications from the Company, including customer service issues, new product offers, news, and other announcements. In addition to the standard opt out policy explained in section 8.2, you may choose to opt out of the newsletter and announcement correspondence only by specifying so on your registration form; however, the Company reserves the right to email you at any time regarding issues related to your account and your use of the Site and Service.  Unlike the total information opt out in section 8.2, this will not affect your account performance in any way, and it will not change your experience with the Site or the Service in any way.

10. USE OF INFORMATION AND TOTAL DISCLOSURE

The Company may use your information to operate, prevent tampering with, and improve the Site and Services, and will not give your personal information to third parties except to operate, prevent tampering with, improve on, and provide security for the Site or Service.   We are also committed to complete disclosure about our information policies, as detailed below.  We reserve the right, and you authorize us, to collect or monitor any or all of the following information:

 

a.       Your purchasing habits on the Company’s Site and Service, including amounts and times spent.

b.       Your last login time and last login IP.

c.       The referring website when you first registered for the Site, and the date of registration.

d.       Serial numbers or promotional codes you have entered.

e.       Data on special or random prizes you’ve won or earned as part of using the Service or Site.

f.       Game information necessary for maintaining your character and account.

g.       Your present online status.  (monitor only)

 

You have the right to opt out of any collection or storing of personally identifying or sensitive information, as per the opt out policy detailed in sub-section 8.2.   All credit card information is handled off-site by Paypal and our credit card system providers, and is subject to our agreement with our provider and not this Agreement.  In addition, the Company will not sell or give any of your personal information to any third party without your express approval, except to law enforcement or other authorities to comply with tax and other applicable law or in connection with criminal investigations and other investigations of fraud; as otherwise expressly permitted by this Agreement, as expressly authorized by you, or as otherwise necessary to protect the Company its employees, agents, or other users of the Site or Service.

10.1 PRIVACY POLICY.
 A complete statement of the Company’s privacy policy can be found at http://www.alteil.com/index.php/links/privacy-policy, the Company’s privacy policy is expressly incorporated into this Agreement by this reference.

11. USE OF SOFTWARE.

a. LIMITED LICENSE.
Subject to the terms of this Agreement, the Company’s Site and Services, the online game software, including all files and images contained in or generated by the software or websites, and accompanying data, flash, shockwave and other digital files (collectively, “Software”), is deemed to be licensed to you by the Company, during the term of this Agreement and as long as the Agreement has not been terminated, for your personal, noncommercial, home use only. Nothing in this Agreement shall be construed as granting you any other rights or privileges with respect to the Site and the Service.  The Company does not transfer either the title or the intellectual property rights to the Software, and the Company or the Licensor retains full and complete title to the Software as well as any all associated intellectual property rights. You may not sell, redistribute, or reproduce, decompile, reverse-engineer, disassemble, or otherwise convert the Software or the Site to a human-perceivable form. All trademarks, copyrights and logos associated with the Site and Service are owned by Company or its licensors and you may not use them in any way.

b. PROHIBITED USES.
This limited license does not include any resale or commercial use of this Site or the Service, including derivative use of the Site or its contents obtained in any way, without express written consent of the Company.  Any unauthorized use of names, copyrights, or trademarks of the Company, or derivative use of the Site or its contents terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a “link” to the main page of the Company’s Site so long as the site hosting this link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

c. OWNERSHIP AND SALE OF VIRTUAL ITEMS.
The Company or the Licensor either owns, has licensed, or otherwise has rights to all of the content that appears in Alteil games. You agree that you have no right or title in or to any such content, including virtual goods or currency.  No one other than the Company or the Licensor has any right whatsoever to sell any of Alteil game content in any manner. In addition, you may not sell in-game items for “real money” or otherwise exchange items, including Gran, for value outside of any Alteil game.

YOU ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN Gran. You acknowledge that the Service presently includes a component of fictional or virtual currency (“Gran”) that is to be considered a feature of the Company’s product, and not actual property in any way.  You further acknowledge that you may not use Gran for any purpose outside the Alteil game. The use of Gran for any non-approved reason is strictly prohibited and will result in the termination of your access to the Site and Service and all the loss of all your Gran. The Site and Service may state that you “buy” Gran, but you acknowledge that this terminology merely indicates the option to use a feature of the Company’s product when, as, and if allowed by the Company, and has nothing whatsoever to do with the purchase of any kind of property rights in any way.  See section 18 for details about your lack of property rights in Alteil game content and Gran.

12. INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Use of the Company’s Sites and Services is also subject to United States export controls. No software from this site and/or service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using any Company Site or Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. USER CONTENT.
You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, officers, directors, employees, consultants, Staff Members, agents, and representatives a license to use User Content in connection with the operation of the Site and Service. The Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

14. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

15. INAPPROPRIATE CONTENT.
The Company is not in the practice of manually pre-screening or monitoring Content posted to the Site by users; however, the Company does reserve the right, at the Company’s sole discretion, to remove or edit any Content that violates the terms of this Agreement. You shall not make the following types of Content available, regardless if the Content is in the form of chat sessions, forums, skins, environments or otherwise. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

16. COPYRIGHT INFRINGEMENT.
The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent at:

DMCA Agent
Media Blasters, LLC
519 8th Ave, 14th Floor
New York, NY, 10018
Fax: (212) 868-3315
DMCA AT media-blasters.com

17. ALLEGED VIOLATIONS.
The Company reserves the right to terminate your use of the Service and/or the Site. To ensure that the Company provides a high quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Site or the Service by others.

18. NO WARRANTIES.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. INFORMATION, SITES AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY AND ALL AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.

19. LIMITED LIABILITY.
THE COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES, WETHER IN CONTRACT, TORT OR OTHER OTHERWISE, WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR OUR SERVICES OVER THE COURSE OF YOUR USE OF THE SITE. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you.  This Site, the products, and the information would not be provided without such limitations.  No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement. 

ANY PURCHASES OF VIRTUAL CARDS, VIRTUAL ITEMS, GRAN, OR ANY OTHER GAME OR ACCOUNT COMPONENTS DO NOT ENTITLE YOU TO SERVICE IN THE EVENT THAT THE COMPANY CEASES TO OPERATE THE SITE FOR ANY REASON, IS PURCHASED, OR FILES A NOTICE OF BANKRUPTCY WITH ANY US COURT.

20. DISCLAIMER REGARDING GAME INFORMATION.
You hereby acknowledge that by using the Site or the Services that you do not acquire any property rights whatsoever in the Site, Services, or any game information and electronic files required to play the Company’s games. This includes without limitation player characters, accounts, Gran, statistics, user profiles, virtual cards, items, and other account components that are stored by the Company. Also, the Company has no liability for the loss of any game information and electronic files for any reason whatsoever. The Company reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation game information, stored or uploaded on into any Company server or system. 

21. FORCE MAJORE CLAUSE
The Company shall not be responsible or have any liability for any delay or failure to perform due to unforeseen circumstances or causes outside the reasonable control of the Company, including without limitation such as acts of God, earthquake, fire flood, war, terrorism, riots, embargoes, acts of civil or military authorities, accidents, strikes, or shortages of fuel, energy, labor or materials and including catastrophic system or hard disc failure.

22. AFFILIATED SITES.
The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners, advertisers and affiliates whose Internet sites may be linked with the Site.  Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

23. INDEMNITY.
You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

24. FORUMS PUBLIC COMMUNICATION.
"Forum" means a chat area, message board, instant messaging, mobile messaging or e-mail function offered as part of any Company Site. If you participate in any Forum within a Company Site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a Company Site by way of any Forum is routed through Company’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on Company Sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

25. WEBSITE CODE.
All website code and Flash files used by or associated with the Site or Service are: (c)Gamepot Inc, All Rights Reserved.   (c)2008 GP CoreEdge Inc, All Rights Reserved, Takawa 3-26-33, Minato-ku Tokyo, 108-0074, or (c) 2008 Media Blasters (c) 2008 AnimeWorks Game Shop, 519 8th Ave, New York, NY, 10018.  Such code shall include, but is not limited to: HTML, Flash, Shockwave, embedded video or audio and database content.

26. COPYRIGHT.
The Site or Service are copyrights or registered copyrights as follows: (c)Gamepot Inc, All Rights Reserved.   (c)2008 GP CoreEdge Inc, All Rights Reserved, Takawa 3-26-33, Minato-ku Tokyo, 108-0074.  Under license to AnimeWorks Game Shop, 2008.  Such content shall include, but is not limited to: all games offered for use on the Site and Service, images, gameplay values and statistics, biographies, screenshots, screen captures, utilities, story text, virtual cards, avatars, accessories, and other gameplay items, card images, wallpaper, IM graphics, character model sheets, specialized terminology or rules, trailers, T-shirt designs, banners, articles, and any other media distributed pursuant to license.

27. GOVERNING LAW.
You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in New York City, New York State, USA in all cases related to the use of the Site or Service.  This Terms of Use Agreement shall be treated as though it were executed and performed in New York, NY, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).

28. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence in all cases.

29. NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, copyrights, service marks, or logos owned by the Company, the Licensor, or by any third party.

30. UNITED STATES OF AMERICA USE ONLY.
The Site is controlled and operated by the Company from its offices in New York City, New York State, in the United States of America. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than New York.

31. MODIFICATIONS.
The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

32. ACKNOWLEDGEMENT.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

(c)Gamepot Inc, All Rights Reserved.

(c)2009 GP CoreEdge Inc, All Rights Reserved.

Under License by AnimeWorks Game Shop.