Terms of Service
1. TERMS OF AGREEMENT
THIS TERMS OF AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND
CONDITIONS ON WHICH ALTERNOX OFFERS TO ALLOW YOU TO PLAY ITS MULTI-PLAYER ONLINE
COMPUTER GAME "REALM FIGHTER" ("RF" OR THE "GAME" OR "REALM FIGHTER")
CONDITIONED ON YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN
THIS AGREEMENT AND YOUR COMPLIANCE WITH THE POSTED RULES OF CONDUCT.
BEFORE PROCEEDING TO REGISTER, PLEASE READ THE TERMS OF
SERVICE AND CHECK THE "AGREE" BOX IF YOU ACCEPT THE TERMS. BY CLICKING ON THE "I
AGREE" BUTTON, INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON AND
PROMPTLY LEAVE THIS PAGE AND DO NOT USE OR ACCESS OUR SITES OR GAMES.
2. DEFINITIONS
(a) "Intellectual Property" shall mean all patents, designs, utility models,
copyrights, know-how, trade secrets, trademarks, service mark, trade dress and
any other intellectual property rights in or related to the Game or Technical
Information.
(b) "Technical Information" shall mean the software, know-how, data, test
result, layouts, artwork, processes, scripts, concepts and other technical
information on or in relation to the Game and the installation, operation,
maintenance, service and use thereof.
(c) "End Users" shall mean the users of the Game through network game service
system established and operated with individually assigned ID numbers for each
End User.
3. AMENDMENTS
This User agreement (the "Agreement") comprises the entire agreement between
Alternox and the User, and supersedes any prior agreements between the User and
Alternox with respect to the subject matter hereof. This Agreement does not
supersede any additional terms and conditions of which User is notified by
Alternox and/or which may apply when using third party content or services.
Alternox may amend or revise this Agreement at any time and at its sole
discretion, and such amendment or revision shall be effective upon posting of
such revised agreement on the Alternox web site (the "Web Site"). User hereby
agrees to review this Agreement by accessing the Web Site periodically to become
aware of any such revisions. If any revision is unacceptable to the User, the
User may terminate the Agreement hereof. Continued use of the Services following
the posting of the revised Agreement shall be deemed to be acceptance of all
such revisions.
4. DESCRIPTION OF SERVICE
Alternox offers Realm Fighter as an online fantasy role-playing game service
accessible (the "Service") through the internet at "www.realmfighter.com" (the
"Web Site"). Alternox reserves the right to change the URL address of the Web
Site at any time and from time to time. To use the Service, you will need to
install software which Alternox makes available from the Web Site (the
"Software") for Direct Download. Anyone desiring to use the Service is required
to establish an account with Alternox (the "Account"). Alternox does not provide
Internet access, and you are responsible for all fees associated with your
Internet connection. The Web Site located at www.Realm Fighter.com is an active
part of the Service and any use of the website is governed by the same Terms of
Agreement and Rules of Conduct.
5. USER'S OBLIGATIONS AND RESPONSIBILITIES
In order to use the Service, you are required to complete a registration form
containing your first and last name, nationality, address, e-mail address, a
user name and a password. In consideration of the use of the Service, you agree
to provide true, accurate, current and complete information about yourself as
submitted in any registration form on the Service and to maintain up-to-date
information which is true, accurate, current and complete at all times by making
changes, additions or deletions to your User profile, as required. If any
information provided is not true, accurate, current or complete, or Alternox has
reasonable grounds to suspect that the information is untrue, inaccurate, not
current or complete, then Alternox shall have the right to suspend or terminate
your right to use the Service and refuse to provide any current or future
Service to you.
You acknowledge that Alternox reserves the right to refuse to grant you a
user name that is already in use, may be illegal, may be protected by trade-mark
or other proprietary interest, is obscene or profane or otherwise determined by
Alternox, in its sole discretion, to be inappropriate. You agree to be
responsible for all acts and omissions that occur in connection with your
password. You agree to keep your password confidential and to notify Alternox if
you believe that the security of your password has been compromised. You
acknowledge that Alternox does not protect you from the unauthorized use of your
password.
(a) Eligibility. Accounts are available only to individuals 13 years of age
or older. If you are under the age of 13, you may not create an account on the
Sites, you may not sign up for any subscription service or buy anything through
the Store, and you are not eligible to enter any of our sweepstakes or
promotions.
Those who have completed these steps and who maintain their Account in good
standing are sometimes referred to in this Agreement as "Members." By clicking
the "Agree" button you represent that you are a 13 years of age or older. Only
one person may use an Account. You are liable for all activities conducted
through your Account, and parents or guardians are liable for all activities of
their minor child conducted through the Account.
Except as may be required by law, Alternox Interactive will not knowingly
collect, maintain, or disclose any personal information from children under the
age of 13. Alternox Interactive recommands parents and guardians to spend time
online with their children to become more familiar with the types of content
available on the Internet, including our online games. Parents and guardians
should regularly oversee their children's use of email and other online
communications and transactional features. Control tools are available from
online services and software manufacturers that can help provide a safe online
environment for kids.
(b) Account ID. At the time your Account is opened, you must choose a name to
identify yourself to Alternox staff (your "Account ID"). You may not select as
your Account ID the name of another person, or a name which violates any third
party's trademark right, copyright, or other proprietary right, or which
Alternox deems in its discretion to be vulgar or otherwise offensive. Alternox
reserves the right to delete, or to change, any vulgar or otherwise offensive
Account ID. You have sole liability for all activities conducted through your
Account or under your Account ID.
(c) Message Board ID. You have the option to create a Message Board ID for
use on the official Realm Fighter message boards. You may not select as your
Message Board ID the name of another person, or a name which violates any third
party's trademark right, copyright, or other proprietary right, or which
Alternox deems at its sole discretion to be vulgar or otherwise offensive.
Alternox reserves the right to delete, or require you to change, any vulgar or
otherwise offensive Message Board ID. You have sole liability for all activities
conducted under your Message Board ID.
(d) Account. By agreeing to the User Agreement you agree that you do not own
the account you use to access the service, the characters Alternox stores on
Alternox servers, the items stored on these servers, or any other data which the
servers and accounts are comprised of. The account you create is needed to login
to the service and the fee that you pay is to continue to access the service.
(e) Character Name. In order to use the service, you must create a character
and choose a name for your character to identify your character to other Members
(your "Character Name"). You may not select as your Character Name the name of
another person, or a name which violates any third party's trademark right,
copyright, or other proprietary right, or which may mislead other Members to
believe you to be an employee of Alternox, or which Alternox deems at its sole
discretion to be vulgar or otherwise offensive. Alternox reserves the right to
delete, or alter any vulgar or otherwise offensive Character Name.
(f) Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names.
While accessing the service, it is possible to name your pledge, grant titles to
individual members, grant a title to your own character, and name NPCs. You may
not give a name to a pledge, another character, grant your own character a
title, or name an NPC (non player character) that is the name of another person,
or a name which violates any third party's trademark right, copyright, or other
proprietary right, or which may mislead other Members to believe you to be an
employee of Alternox, or which Alternox deems at its sole discretion to be
vulgar or otherwise offensive. Alternox reserves the right to delete, change, or
require you to change, any vulgar or otherwise offensive Name.
(g) Passwords. At the time your Account is opened, you must select a
password. You are responsible for maintaining the confidentiality of your
password and you are responsible for any harm resulting from your disclosure or
allowing the disclosure of your password or from use by any person of your
password to gain access to your Account and Account ID. At no time should you
respond to an online request for a password. Alternox will never ask for your
password offline or online, except that you will be required to enter your
password as part of the log-on process.
(h) Former Members. Members whose Accounts have been terminated by Alternox
may not access the Service in any manner or for any reason, including through
any other Account, without the express written permission of Alternox.
(i) Related Accounts. If Alternox terminates an Account, Alternox may
terminate any other Accounts that share the same member name, phone number,
email address, postal address, Internet Protocol address, or credit card number
with the terminated Account.
6. CHARGES FOR SERVICE.
(a) General Charges. Current fees for using the Service are published in the
billing section of the Web Site. All fees are stated in U.S. Dollars. Alternox
may change its fees and billing methods at any time effective thirty (30) days
after notice of the changes are posted on the Web Site. All changes will be
posted on the Web Site and you are responsible for reviewing the billing section
of the Web Site to obtain timely notice of such changes. If any such change is
unacceptable to you, you may terminate your use of the Membership as provided in
Section 8. Your continued use of the Service thirty (30) days after posting of
the changes on the Web Site will mean you accept such change. YOUR MEMBERSHIP
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. For
further information on billing see the Web Site. If your use of the Service is
subject to use or sales tax then Alternox may also charge you for any such
taxes, which will be in addition to the rates and charges published in the
billing section of the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR
ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
(b) Payment by Credit Card. If you pay for the Service by credit card, you
represent to Alternox that you are the authorized user of the credit card used
to pay Service charges. Each month you use the Service, you agree and reaffirm
that Alternox is authorized to charge your credit card. You agree to promptly
notify Alternox of any changes to your credit card account number, its
expiration date and/or your billing address, and you agree to promptly notify
Alternox if your credit card expires or is cancelled for any reason.
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Alternox and its
subsidiaries and affiliates and their respective directors, officers,
shareholders, employees, agents, Service Provider Customers, clients and
contractors from and against any loss, claim, demand, cost and expense
(including reasonable legal fees) asserted by any third party due or arising
from or in connection with your use of or conduct on the Service, your Content,
your violation of the Terms of Agreement or your violation of any rights of
another User. Alternox reserves the right to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you, which shall
not excuse your indemnity obligations.
8. TERMINATION
Either you or Alternox may terminate your Account at any time without further
obligation to the other. Further, Alternox reserves the right to terminate the
Service at any time without further obligation to you. if the service or your
account is terminated or cancelled at any time for any reason, you agree to the
following: (1) you will not be entitled to any refund or peroration of any fees
or unused access time; (2) you will lose any characters developed, items
accumulated and you will not have the right to transfer, sell or assign
any characters, items to anyone else; (3) you may not access the service in any
manner or for any reason, including via any other account. in the event that an
account is terminated, Alternox may terminate any and all other accounts that
share the member name, phone number, email address, internet protocol address or
credit card number with the terminated account; (4) we may terminate this
Agreement (including your Software license and your Account) immediately and
without notice if you breach this Agreement or wilfully infringe any third party
intellectual property rights, or if we are unable to verify or authenticate any
information you provide to us, or upon game play, chat or any player activity
whatsoever which is, in our sole discretion, inappropriate and/or in violation
of the spirit of Realm Fighter as described in the Rules of Conduct. If we
terminate this Agreement under any circumstances, you will lose access to your
Account for the balance of any prepaid period without any refund.
9. PARENTAL GUIDANCE
Parents may find it inappropriate for use by persons under the age of 13.
While Alternox may choose to monitor and take action upon inappropriate game
play, chat or links to the Service, it is possible that at any time there may be
language or other material accessible on or through the Service that may be
inappropriate for children or offensive to some users of any age. Alternox
cannot ensure that other players will not provide Content or access to content
that parents or guardians may find inappropriate or that any user may find
objectionable. Alternox does not as a matter of policy pre-screen the content of
the materials or communications transmitted by each player.
10. INTELLECTUAL PROPERTY
Including but not limited to, all communication features of Alternox contains
copyrighted material, trademarks and other proprietary information including,
but not limited to, any titles, text, software, photographs, video, graphics,
computer code, themes, objects, characters, character names, stories, dialog,
catch phrases, locations, concepts, artwork, character inventories, structural
or landscape designs, animations, sounds, musical compositions, audio-visual
effects, storylines, character likenesses, methods of operation, moral rights,
any related documentation, and "applets" incorporated into the Game and the
entire contents of Alternox and each area contained therein are copyrighted as a
collective work and exclusively owned and licensed by Alternox and protected by
the copyright laws of the United States, international copyright treaties and
conventions, and other laws. All rights are reserved.
Alternox owns copyrights in the selection, coordination, arrangement and
enhancement of such contents. User may not in whole or in part, copy,
photocopy, reproduce, translate, reverse engineer, derive source code, modify,
disassemble, decompile, or create derivative works based on the Game, modify,
publish, transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content contained on Alternox (including,
without limitation, content that the Website enables you to download) without
the express written permission of Alternox and the copyright owner. In the event
of any permitted copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark, and legend or
copyright notice shall be made. The downloading of copyrighted material from
Alternox is allowed by the user expressly for the user's own personal use.
User acknowledges that Alternox and/or third-party content providers remain
the owners of all materials posted on Alternox, and that the user does not
acquire any of those ownership rights by downloading copyrighted materials.
Failure to comply with the restrictions and limitations shall result in
immediate, automatic termination of the Account granted hereunder and may
subject you to civil and/or criminal liability. [Notwithstanding the foregoing,
you may make one (1) copy of the Game Client and the Manuals for archival
purposes only.]
11. LIMITATION OF LIABILITY
USER ACKNOWLEDGES THAT Alternox SHALL NOT ASSUME OR HAVE ANY
LIABILITY FOR ANY ACTION BY Alternox OR ITS CONTENT PROVIDERS OR OTHER LICENSORS
WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. Alternox
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY
Alternox. ALTERNOX'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT
TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR Alternox
SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY Alternox SERVICES
SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE
DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME
THAT IT OPERATED PROPERLY. ALTERNOX'S LIABILITY TO USER FOR ANY AND ALL BREACHES
OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER
TO ACCESS AND USE THE SERVICES.
YOU AGREE THAT ALTERNOX CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING
THAT OCCURS OR RESULTS FROM ACCESSING OR SUBSCRIBING TO THE REALM FIGHTER
SERVICE.
12. PRIVACY
The personal information you provide us during registration is used for our
internal purposes only. We use the information we collect to learn what you like
and to improve the Service. Except as otherwise expressly permitted by this
Agreement or as otherwise authorized by you, we will not give any of your
personal information to any third party without your express approval. We do not
guarantee the security of any of your private transmissions against unauthorized
or unlawful interception or access by third parties. We can (and you authorize
us to) disclose any information about you to private entities, law enforcement
agencies or government officials, as we, in our sole discretion, believe
necessary or appropriate to investigate or resolve possible problems or
inquiries, or as otherwise required by law. If you request any technical
support, you consent to our remote accessing and review of the computer you load
the Software onto for purposes of support and debugging. You agree that we may
communicate with you via email and any similar technology for any purpose
relating to the Service, the Software and any services or software which may in
the future be provided by us or on our behalf.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Alternox AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. Alternox AND ALL SERVICE
PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Alternox AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE,
THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE
OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Alternox MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR
THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL
AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOADING OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM Alternox OR ANY SERVICE PROVIDER CUSTOMER OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
OF AGREEMENT
14. UNACCEPTABLE CONDUCT
Subject to the Terms of Agreements herein, User may not engage in any conduct
or communication while using the Services which is unlawful or which restricts
or inhibits any other User from using or enjoying the Services. User agrees to
use the Services only for lawful purposes. Alternox reserves the right to
terminate the User's usership if it determines, in its sole discretion, which
the User has engaged in unacceptable conduct. The list of prohibited conduct set
forth in Subsections below provides examples of unacceptable conduct, which list
is not exhaustive, and Alternox reserves the right, but not the responsibility,
to restrict conduct which Alternox deems, in its sole discretion, to be harmful
to individual users, damaging to the Services, or in violation of Alternox's or
any third party's rights. Alternox may prohibit or delete conduct, communication
or content transmitted on Alternox services that are deemed to be in violation
of applicable laws or is harmful to other users, the Alternox service community
or the rights of Alternox in general. User acknowledges, however, that
communication over the Services often occurs in real-time and Alternox cannot,
and does not intend to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO:
A) Use of illegal automated programs, Scripts, and Computers. The use of any
illegal automated program (Ex. 3 rd party bot) or system, devices, computers, or
scripts on Realm Fighter is strictly prohibited and may result in criminal
liability under the Computer Fraud and Abuse Act, Section 1030 of the United
States Code. Violators will be prosecuted to the full extend of applicable law
and may also liable for the punitive damage. Alternox may terminate and
permanently disqualify any users who, in its sole discretion, determines as
being in violation of these Terms of Service. All decisions made by Alternox are
final.
B) Harass, threaten or embarrass another User of the Services or to cause
distress, unwanted attention or discomfort of such User, or any other person or
entity. Alternox does not condone harassment in any form and may suspend or
terminate the account of any User who harasses others. Personal attacks, such as
those based on a person's race, national origin, ethnicity, religion, gender,
lifestyle choice, disablement or other such affiliation, are strictly
prohibited.
C) Post or transmit sexually explicit images, or point or reference to such
images. Alternox prohibits the transfer or posting of sexually explicit images
or other content deemed offensive.
D) Transmit any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise
objectionable content. If User engages in vulgar or abusive language online,
even if masked by symbols or other characters, or engages in other impermissible
behaviour, the User may receive a warning, or be temporarily or permanently
excluded from one or more games, bulletin boards, chat areas, or the User's
usership may be terminated immediately and the User may be subject to civil
liability and/or prosecution by law enforcement authorities.
E) Scroll or carry out any action with a similar disruptive effect.
"Scrolling" is defined as repeatedly causing the screen to roll faster than
Users are able to type onto it.
F) Impersonate any person, including, but not limited to, Alternox's
employees, monitors or hosts. User shall not hold him or her out or portray
himself or herself as a Alternox staff user or employee while engaging in all
forms of online communication, including, but not limited to, user names, user
profiles, voice, text or graphic chat, message postings or any form of
communication on line. Impersonation of Alternox staff shall be grounds for
immediate account termination.
G) Engage in "disruptive behavior" in chat areas, game areas, bulletin
boards, or any other area of the Services. Disruptive behavior shall be deemed
to include, but will not be limited to, conduct which purposefully interferes
with the normal flow of dialogue in a Service area. Disruptive behavior shall
also include, but not be limited to, commercial postings, solicitations and
advertisements.
H) Post or transmit chain letters or pyramid marketing schemes. This type of
material places an unnecessary load on the Services and is considered a nuisance
by many users. Certain types of chain letters and pyramid schemes are also
illegal. Such prohibited conduct includes, but is not limited to, the
transmission of letters or messages which offer a product or service and which
are based on the structure of a chain letter.
I) Posting or transmitting unsolicited advertising, promotional materials, or
other forms of solicitation. Alternox services are not to be used to send
unsolicited advertising, promotional material, or other forms of solicitation to
other users. User may not use Alternox services to collect or "harvest" user
names without the express permission of those users. Alternox reserves the right
to block and/or filter mass email solicitations on or through the service.
J) Violate any operating rule, policy or guideline of any other online
service. User further agrees to abide by the rules of the User's Internet
service provider.
K) Violate, intentionally or unintentionally, any applicable local, state,
national or international law or regulation.
L) Modify any files that Alternox does not specifically authorize User to
modify. Use of material, which is subject to the rights of any person or entity
without the express permission of such rights holder, is prohibited, and will
result in the termination of the User's usership and possible civil and/or
criminal liability.
M) Posting too many bulletin boards at once and/or sending multiple
unsolicited emails to a single address, sometimes referred to as "spamming," is
prohibited. Alternox may take action on a User's account if any of the following
offences is reported: (a) Posting a similar or identical message to more than 5
bulletin boards; (b) Sending unsolicited mail to more than 30 people or (c)
Sending more than two (2) unsolicited emails to a single email address. Repeated
spamming will result in account termination. In certain situations, the overall
pattern of behaviour on an account or a set of linked accounts may be determined
to be disruptive or abusive, even if no one single act clearly violates any
specific policy. In such cases, Alternox reserves the right to determine what
patterns of behaviour are defined as "high-maintenance" or "disruptive" and may
take action against the account(s), ranging from a simple request to moderate
the high-maintenance behaviour, to total lockout of all linked accounts.
15. INTERRUPTION OF SERVICE
A) Alternox reserves the right to interrupt the Service from time to time on
a regularly scheduled basis or otherwise with or without prior notice in order
to perform maintenance.
B) You acknowledge that the Service may be interrupted for reasons beyond the
control of Alternox, and Alternox cannot guarantee that you will be able to
access the Service or your Account whenever you may wish to do so. Alternox
shall not be liable for any interruption of the Service, delay or failure to
perform resulting from any causes beyond its reasonable control.
16. GENERAL
The failure of Alternox or the Service Provider Customer to exercise its
rights or insist upon the performance of the user's obligation hereunder shall
not constitute a waiver or relinquishment of those or any other rights under
these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavour to give effect to the parties intentions as reflected in the provision
and the other provisions of the Terms of Agreement shall continue to be binding
on and remain in full force and effect.
The Terms of Agreement, together with any separate written or online
agreement between you, Alternox and/or the Service Provider Customer (including
but not limited to the Mature Content Agreement if applicable to you) constitute
the entire and only agreement, and supersedes any prior agreements between you,
Alternox and/or the Service Provider Customer, (including, but not limited to
all prior versions of the User Agreement, General Terms of Use, and Terms of
Agreement, where applicable).
The Terms of Agreement and the relationship between you, Alternox and/or the
Service Provider Customer shall be governed by and construed in accordance with
the laws of the United States, and such parties agree to submit to the
jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action,
suit or proceeding arising out of or related to the use of the Service or to the
Terms of Agreement must be commenced within 1 year after such claim or cause of
action arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no
legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all
related documents have been drawn up in English.
17. NOTICE
Notices may be sent to you or you may send notices to Alternox via either
e-mail or regular mail. The Service may also provide notification of any changes
to the Terms of Agreement or other matters pertaining to the Service by
displaying notices or links to notices generally on the Service.
18. VIOLATIONS
Please report any violations of the Terms of Agreement to our compliance
department using email inquiry section on the official website.
I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF AGREEMENT AND AGREE TO
BE BOUND BY ALL OF ITS TERMS.