WELCOME TO REAL4GAMES.COM WHERE YOU WILL BE ABLE TO ACCESS A WIDE SELECTION OF GAMES, SOFTWARE AND APPLICATIONS. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE REAL4GAMES.COM OR RELATED SERVICES. This Terms of Service governs your use of software, games and services distributed through real4games.com (the “Website”) which includes any premium versions of the software, games and services available through the Website (jointly "Services").
This Terms of Service is a legal agreement between you (“You” or “Your”) and RealNetworks India Pvt. Ltd. ("RN", “Our” or “We”). RN may provide the Services or other products or services to You directly or through one or more of its affiliates (being any entity directly or indirectly wholly owned by RealNetworks India Pvt. Ltd., each an "Affiliate"). Real4Games is an Affiliate of RN. By clicking on the "Accept" button, installing, copying or otherwise using the Services or the Website You agree to be bound by this Terms of Service and all terms and conditions incorporated by reference, including all rules, regulations, policies and guidelines, as may be applicable for the use (collectively, the Agreement) . If You do not agree to the terms of this Agreement, click on the "cancel" button and/or do not subscribe to the Services, install any software, play any Online Games, download any games or register on the Website.
You agree that by using of the Website and Services You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions. The terms of this Agreement apply to all versions of the Services for which a fee may be charged or acquired.
TRIAL, PAYMENT, CANCELLATION & SERVICES
Subject to this Agreement and your payment of applicable fees, membership to the Service (“Membership”), will give you unlimited access to play full version of online games on the Website.
Your membership , which may start with a free trial, will continue on a recurring basis for the applicable subscription period (e.g., weekly, monthly, quarterly or annual) based on Your Membership until You cancel Your membership or RN terminates it.
You may cancel Your Membership by contacting RN at email@example.com.
Following the expiration of a free trial period that may be provided to You in the sole discretion of RN, RN will bill the Membership fee to Your Payment Method. You authorize RN to automatically bill the applicable Membership fee for each subscription period and any other charges You may incur in connection with the Membership to Your Payment Method, until You cancel Your Membership. We will begin billing Your Payment Method for Membership fees at the end of the free trial period of Your Membership unless You cancel Your Membership prior to the end of the free trial period. Nevertheless, if You have not provided the Payment Method while signing up for the free trial period You must provide the Payment Method before You can access the Services after the free trial period. Membership fees are billed at the beginning of every applicable subscription period on a recurring basis. All payments are completely non-refundable and there are no refunds or any form of credits for partially used subscription periods. You may cancel Your Membership at any time, but RN will not refund any remaining portion of Your Membership fees, including any minimum commitments, already billed to Your account or recurring billing required to fulfil the current subscription period. To ensure that Your Payment Method will not be charged for Your next billing/ subscription period, You must cancel Your Membership no later than two days before Your next scheduled billing period begins. You agree to provide RN with a valid Payment Method details and accurate, complete and updated information required by the Membership registration form. Failure to comply may at RN’s sole discretion result in the immediate termination of Your Membership. Once You have cancelled Your Membership, You will be able to access the Services and play any of the games that You have accessed through the Services right up until the end of Your applicable subscription period but once Your cancellation is effective, You will no longer have access to the Services and You will no longer be able to play any of the games which You have accessed through the Services. RN will either refund or credit Your account, at RN's option, in the event a disruption of RN’s service prevented You from making use of Your Services account in good standing.
You agree to notify RN about any billing problems or discrepancies within 90 days after they first appear on Your account statement. If You do not bring them to RN's attention within 90 days, You agree that You waive Your right to dispute such problems or discrepancies.
RN’s RIGHT TO MODIFY THE SERVICES AND MEMBERSHIP FEE CHANGES
RN may modify the terms of this Agreement or the Services subscription, including but not limited to content or nature of the Membership, upon notice to You. In the event RN modifies the Agreement, You may terminate the Membership. RN may terminate this Agreement and the Services at any time upon notice to You, provided that You will be entitled to receive the Services for any period for which You have already paid, or a pro-rata refund at RN's sole discretion. RN may provide notice by e-mail or by publishing the changes on its website and you acknowledge and agree that this is sufficient notice. This Agreement will automatically and immediately terminate if you fail to comply with any term. No notice shall be required from RN to effect such termination. Upon any termination of this Agreement (whether by You or RN), You shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. We reserve the right to adjust the Membership fees for RN’s Services or any components thereof in any manner and at any time as We may determine in Our sole and absolute discretion. Except, as otherwise expressly provided for in this Agreement, any Membership fee changes to Your Membership will take effect following email notice to You.
SERVICE USE RESTRICTIONS
Except as specifically authorized herein, You may not: (i) permit other individuals to use the Membership; (ii) modify, translate, distribute or create derivative works of the Services or any of its content; (iii) rent, lease, transfer, or otherwise transfer rights to the Services; and (iv) remove any proprietary notices or labels on the Services. You may only use the Services for Your private, non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application.
You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a content file. The Services embodies a copy management system required by applicable laws, and You may not circumvent or attempt to circumvent this system by any means.
In addition to any other remedies available in equity or law to RN and RN’s content suppliers, failure to comply with any of the terms and conditions in this Section 3 "Service Use Restrictions" shall immediately terminate Your license to the content and the Services.
You are responsible for maintaining the confidentiality of Your password and account information. You are responsible for all activities that occur in Your account and You agree to notify RN immediately of any unauthorized account use. RN is in no way responsible for any loss that You may incur as a result of any unauthorized use of Your user account and password.
To let You know what new content and services are available from time to time, RN may send You e-mail describing the latest content and how to get access to the content. You agree that as a Services subscriber, RN may send You such e-mail to the address You provide. Because this e-mail is necessary for You to receive the Services, You will receive this e-mail even if You have opted out of receiving other e-mail from RN. If You do not want to receive this e-mail, You may cancel the Membership at any time as provided in this Agreement.
At the sole discretion of RN, the Services may also include access to downloadable games. This Agreement shall apply to all downloadable games available through the Website, Services and any mobile platform(s). The downloadable games may contain limitations as to certain use, feature, or time.
GRANT OF LICENSE.
RN hereby grants to You a non-exclusive, limited, revocable, non-transferable, license to use the Services and any related documentation ("Documentation") for Your personal, non-commercial use subject to the following terms:
a)You may: (i) access the Services only via any single computer; (ii) use the Services via a second computer so long as the first and second computers are not used simultaneously; and (iii) in case of downloadable games copy the games for back-up and archival purposes, provided any copy must contain all of the original game's proprietary notices.
b)RN may modify the terms of this Agreement upon notice to You. RN may terminate this Agreement at any time upon notice to You. RN reserves the right to discontinue or change the content of the Services provided under this Agreement at any time, with or without notice. When we update the Agreement we will revise the "last updated" date at the top. Check this Agreement including all applicable policies and guidelines frequently to see changes because Your continued use of the Website including the Services shall constitute Your acceptance of the changes. This Agreement will automatically and immediately terminate if You fail to comply with any term or condition. No notice shall be required from RN to effect such termination.
ACCESS TO THE SERVICES
Before using certain services and products offered by the Website, You are required to register an Account with RN. You agree to provide true and complete information about Yourself in that registration and to keep it up to date. You may not have more than one Account under this Agreement or access the Services or the Website through more than one social networking site (“SNS”) at any given time, and You are solely responsible for maintaining the confidentiality of Your password and user name and for any activities that occur under Your Account. RN reserves the right to terminate Your access to the Services or Your Account for any reason. By accessing the Services You represent that (i) You are at least 13 years of age and (ii) that if You are a minor You have consent from a parent or legal guardian who has read and agreed to this Agreement. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE SERVICES. IF YOU ARE A MINOR DO NOT USE THE SERVICES WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN. You may not rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any Virtual Currency, Virtual Items or Earned Coins without RN’s written permission.
a)You may not: (i) permit other individuals to use the Services except to extent permitted under the terms of the Agreement (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works or bogus high scores based upon the Services or Documentation; (iii) copy the Services or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Services or Documentation; (v) abuse the payment method so that You do not complete payment or recall payment for the Services or any game to which You have downloaded regardless of whether You have accessed the Services or played that game or not; or (vi) remove any proprietary notices or labels on the Services or Documentation. Any such forbidden use shall immediately terminate Your license to the Website and Services.
b)You agree that You shall only use the Services and Documentation in a manner that complies with all applicable laws in the jurisdictions in which You use the Services and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c)You may only use the Services for Your private, non-commercial use. You may not use the Service in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to game executables, associated game files, or other game-related information which are downloaded, copied, or played using the Service, and which are protected by the copyright laws or related laws of any jurisdiction, are for Your own personal use only and may not be distributed to third parties or performed outside Your normal circle of family and social acquaintances subject to the specific licensing terms of that content.
d)You may not use the Website including the Services in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
ONLINE CONTENT AND CONDUCT
a)The Services may include opportunities to chat or participate in blogs, message boards, online forums and other functions that provide You with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forums") links, writings, photos, graphics, or other material ("User Content").
b)In order to access one of our Forums or the Services, You may have to register for an Account with RN or its affiliates or access the Services via a SNS account. You may be asked to create a screen name and You agree not to choose a screen name that is indecent, offensive, or in any way violates the Agreement. RN in its sole discretion reserves the right to suspend or terminate Your Account at any time and refuse Your future use of the Forums.
c)All User Content posted by You to any Forum shall be Your responsibility. You shall not use the Services in any manner which violates applicable laws or regulations. You may not and agree not to post or transmit any User Content that: violates a third party's rights or dignity, including any contract, privacy, publicity or intellectual property rights; is deceptive, untrue, harassing, libellous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; would constitute or encourage a criminal offense; contains any viruses, worms or similar software; or includes personal information about another person without that person's consent. You agree to not impersonate or falsely state or represent Your identity. You agree not to engage in any activity that in any way disrupts, limits, or destroys any events, tournaments, point generation, software, hardware, servers, networks, or other equipment. You agree not to use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information or signing up for accounts on a Forum or Website. You agree not to engage in or facilitate the transmission of unsolicited mass mailing, or "spamming."
d)The Forums shall be used only in a non-commercial manner. You shall not, without RNs' express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services. You agree not to collect personal data about others for unlawful or commercial purposes.
e)By submitting User Content to any Forum, You grant, or warrant that all owners of any such User Content have expressly granted, to RN and its affiliates a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, and distribute all such User Content and/or to incorporate such materials in other works in any form, media, technology now known or later developed, including (i) to make or have made derivative works of any User Content, (ii) to use the name and likeness of any person mentioned or included in such User Content in connection with any use of the User Content and any derivative works, and (iii) to license and sublicense to third parties, sell, rent, lease, or lend User Content and any derivative works; all without expectation of compensation, other than the right to access and use the Services pursuant to the Agreement.
f)RN and its affiliates shall have the right, but not the responsibility, to monitor or remove User Content that RN believes to be harmful, offensive, or otherwise violates the Agreement, without liability to You.
g)You understand that You may be exposed to User Content that is indecent, explicit, offensive, or otherwise violates the Agreement. RN or its affiliates provide account holders with the ability to flag such User Content and we encourage You to do so. You agree that RN and its affiliates will not be liable in any way for User Content or for any damage or loss therefrom.
h)Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties in the Forums, are those of the respective authors and not of RN or its Affiliates, and RN and its Affiliates are not responsible for the accuracy or reliability of same. RN and its Affiliates make no representations or warranties regarding the Forums.
This license does not grant You any right to any enhancement or update that may be available for any of the Services.
BETA OR OTHER PRE-RELEASE VERSIONS.
In the event that the Services or any game provided through the Services is a beta, alpha or other pre-release version (“Pre-release Software”), the terms of this Section shall apply. Your license to use the Pre-release Software expires 45 days after installation (or such other period as indicated by the Pre-release Software) and the Software may cease to function. The Pre-release Software You are receiving may contain more or less features than the commercial release of the Services that RN intends to distribute. While RN intends to distribute a commercial release of the Pre-release Software, RN reserves the right at any time not to release a commercial release or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the Pre-release Software are not suitable for production use and may contain errors affecting their proper operation. You agree that You will not do anything to circumvent or defeat the features designed to stop the Pre-release Software from operating after the license expires.
DIGITAL RIGHTS MANAGEMENT SYSTEMS ("DRMs").
The Website including the Services may include a DRM from RN or third party DRMs as plug-in components which are subject to their own license agreements. DRMs are designed to manage and enforce intellectual property rights in purchased digital content. You may not take any action to circumvent or defeat the security or content usage rules provided or enforced by either the DRM or the Services. DRMs may be able to revoke Your ability to use applicable content, which may include a license update from the RN or third party DRM based on communication with the applicable licensing service. RN is not responsible for the operation of a third party DRM in any way, including revocation of Your content. RN is not responsible for any communications to or from any third party DRM provider, or for the collection or use of information by third party DRMs. You consent to the communications enabled and/or performed by the DRM, including automatic updating of the DRM without further notice. You agree to indemnify and hold harmless RN for any claim relating to Your use of a third party DRM.
You acknowledge and agree that in order to protect the integrity of certain third party content, RN or its suppliers and licensors may provide for the Services security-related updates that will be automatically downloaded and installed on Your computer. Such security-related updates may impair the Services (and any other software on Your computer which specifically depends on the Services) including disabling Your ability to copy and/or play "secure" content, i.e. content protected by digital rights management. In such an event, RN and/or its suppliers and licensors shall use reasonable efforts to promptly post notices on the RN web site explaining the security update and providing instructions to end users for obtaining new versions or further updates of the Services that restore access to secure content and related features. RN shall have no liability in connection with any damages resulting from the security related updates, unless the end user proves the intent or gross negligence of RN.
The Services may consist of an online game manager application ("Games Manager") that will be installed on Your machine along with a downloadable game. By installing and/or using the Services, You consent to the installation of the Games Manager and its communications with RN's servers. The Games Manager will communicate with the DRM and the Website to access and provide You with information regarding Your previous downloadable game installs and the status of -trials.
Title, ownership, rights, and intellectual property rights in and to the Services and the including the Website, downloadable Games and Documentation _ shall remain in RN and/or its suppliers. The Website is protected by the applicable copyright laws. Title, ownership rights and intellectual property rights in and to the content accessed through the Services including the content contained in the Website media demonstration files and any third party content shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives You no rights to such content.
DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
THE Services , ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXCEPT AS PROVIDED BELOW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. RN MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE Services AND DOCUMENTATION BEING ACCURATE, UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED, HOWEVER RN WILL REPAIR OR REPLACE, AT RN OPTION, DEFECTIVE Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE Services, EVEN IF RN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE END USER PROVES THE INTENT OR GROSS NEGLIGENCE OF RN. RN 'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE FEES YOU PAID FOR THE Services AND/OR THE SERVICES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Services is intended for use only with properly licensed media, content, and content creation tools. It is Your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to download, install, and play only those materials for which You have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend RN, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that You have (i) viewed, downloaded, installed, copied or transmitted any materials (other than materials provided by RN) in connection with the Services in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement.
This License Agreement will automatically and immediately terminate if You exceed the bounds of the license grant, circumvent or defeat DRM, or infringe the intellectual property rights of RN or of a third party that provided content to the Services. No notice shall be required from RN to effect such termination. You may also terminate this License Agreement at any time by notifying RN in writing of termination. Upon any termination of this License Agreement, You shall immediately discontinue use of the Services (save for any downloadable game You have purchased on a permanent basis). Your obligation to pay accrued charges and fees and obligation to indemnify shall survive any termination of this License Agreement.
This Agreement is personal to You, and may not be assigned without RN 's express written consent. RN may modify the terms of this Agreement, including but not limited to the price, content or nature of the Services subscription, upon notice to You. In the event RN modifies the Agreement or the Services subscription, You may terminate the subscription by going to Your 'my details' section and cancelling Your subscription. RN may terminate the Services at any time upon notice to You, provided that You will be entitled to receive the Membership services for any period for which You have already paid, or a pro-rata refund shall be made at RN's sole discretion. RN may provide notice by e-mail or by publishing the changes on its website and You acknowledge and agree that this is sufficient notice. This Agreement will automatically and immediately terminate if You fail to comply with any term. No notice shall be required from RN to effect such termination. Upon any termination of this Agreement (whether by You or RN), You shall immediately discontinue use of Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
Complete Agreement. This Agreement and its Exhibits and any documents referenced herein shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by You, whether formally rejected by RN or not. The acceptance of any purchase order You place is expressly made conditional on Your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by You except in a writing duly signed by You and an authorized representative of RN. If any provision of this Agreement is held to be unenforceable or void for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and valid, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.