Terms of Use Agreement

Last Updated 2013 Jul 3

YOU SHOULD CAREFULLY READ THE FOLLOWING 26HORSES PRODUCTIONS TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE ANY SERVICE 26horses Productions PROVIDES. YOU WILL NOT BE ELIGIBLE FOR A REFUND.

Welcome to "26horses Productions". All 26horses projects includes two components: (a) the software program along with any accompanying materials or documentation, and (b) the online service that you as the user uses (the "Service"). Your use of the Service is subject to the Terms of Use and the End User License Agreement (the "EULA"), incorporated herein by this reference, both of which you must accept before you can use any project client or the service owned by 26horses Productions.

Grant of a Limited License to Use the Service

Subject to your agreement to and continuing compliance with the Terms of Use agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Client through the 26horses productions owned domain names. You may not use the Service for any other purpose, or in connection with any other software.

Additional License Limitations.

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or the Client in violation of the License Limitations will be regarded as an infringement of 26horses Productions copyrights in and to any projects associated with 26hroses Productions. You agree that you will not, under any circumstances: use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify any projects owned by 26horses productions that would change the projects experience;

exploit the project or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering currency in side the project, items or resources for sale outside the Project; or (b) performing in the project services in exchange for payment outside the Project;

use any unauthorized third-party software that intercepts, or otherwise collects information from or through the project or the Service, including without limitation any software that reads areas used by the project to store information about a user or the project environment; provided, however, that 26horses Productions may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

modify or cause to be modified any files that are a part of the projects clients or the Service in any way not expressly authorized by 26hroses Productions; host, provide or develop matchmaking services for the Project or the Service, or intercept, emulate or redirect the communication protocols used by 26hroses Productions in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;

facilitate, create or maintain any unauthorized connection to the project or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by 26horses Productions; or

disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other users experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE project MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the project or the Service.

Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble 26horses Productions software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Eligibility.

You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for up to three (3) minor children for whom you are a parent or guardian and whom you have authorized to use the account you create on the Service.

Ownership.

All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the project, transcripts of the chat rooms, users profile information, recordings of projects using the projects client, and server software) are owned by 26horses Productions or its licensors. The project and the Service are protected by United States and international laws, and may contain certain licensed materials in which 26horses Productions licensors may enforce their rights in the event of any violation of this Agreement.

Establishing an Account.

Prior to (or in lieu of) creating a user account on the Service (an "26horses Productions Account"), or using an existing 26horses Productions Account,. When creating an account, you may be required to provide 26horses with certain personal information. You agree that you will supply accurate information to 26horses Productions when requested, and that you will update that information promptly after it changes.

Username and Password.

During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.

No Ownership Rights in Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF 26horses Productions.

Account Suspension/Deletion.

26horses Productions MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.

Code of Conduct.

As with all things, your use of the Project and the Service is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by 26horses Productions, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and 26horses Productions reserves the right to determine which conduct it considers to be outside the spirit of the Project and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. 26horses Productions reserves the right to modify this Code of Conduct at any time.

Rules Related to Alias names assoicated with 26horses projects (e.g., "Alliance names", "In game names", etc);.

Each user select a in game name on one of the games owned by 26horses productions. Additionally, users may form "alliances" and such alliances will be required to choose a name for the alliance. When you choose a lord name, create n alliance, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If 26horses Productions finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name: Belonging to another person with the intent to impersonate that person, including without limitation a "Shadowing" or any other employee or agent of 26horses Productions;

That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable; Subject to the rights of any other person or entity without written authorization from that person or entity;

That belongs to a popular culture figure, celebrity, or media personality;

That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

Belonging to any religious figure or deity;

Taken from 26horses Productions other products;

Related to drugs, sex, alcohol, or criminal activity;

Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);

Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");

Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman") That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")

Rules Related to "Chat" and Interaction With Other Users.

Communicating in a project owned by 26horses Productions with other Users and 26horses Productions representatives, whether by text, voice or any other method, is an integral part of the project and the Service and is referred to here as "Chat." When engaging in Chat, you may not: Transmit or post any content or language which, in the sole and absolute discretion of 26horses Productions, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;

Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of a project owned by 26horses Productions;

Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services; Communicate or post any user's personal information in the project, or on websites or forums related to the project, except that a user may communicate his or her own personal information in a private message directed to a single user;

Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of 26horses Productions; Participate in any action that, in the sole and absolute opinion of 26horses Productions, results or may result in an authorized user of the project being "scammed" or defrauded out of gold, items, resources, or any other items that user has earned through authorized interactions with the project;

Impersonate any real person, including without limitation any "Liaison" or any other 26horses Productions agent or employee, nor may you communicate in the Project in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any 26hroses Productions agent or employee.

Rules Related to Game Play from games owned by 26horses Productions.

Game play is what 26horses Productions games are all about, and 26horses Productions strictly enforces the rules that govern game play. 26horses Productions considers most conduct to be part of the Game, and not harassment, so player-killing the enemies of your alliance is considered a part of the Game. Because the Game is a "player vs. player" game, you should always remember to protect yourself in areas where others can attack you, rather than contacting 26horses Productions in-game customer service representatives for help when you have been killed by another player. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following: Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;

Conduct prohibited by the EULA or elsewhere in these Terms of Use; and Anything that 26horses Productions considers contrary to the "essence" of the Game.

Security of Login Information.

You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify 26horses Productions.

Ownership/Selling of the Account or Virtual Items.

Changes to the Terms of Use Agreement or any project owned by 26horses Productions.

26horses Productions reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the project or the Service, hours of availability, content, data, software or equipment needed to access the project or the Service, effective with or without prior notice; provided, however, that material changes (as determined in 26horses Productions sole and absolute discretion) will be disclosed as follows: 26horses Productions will provide you with notification of any such changes through a patch process, or by email, postal mail, website posting, pop-up screen, or in-project notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the project and the account. Your continued use of the project following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. 26horses Productions may change, modify, suspend, or discontinue any aspect of the project at any time. 26horses Productions may also impose limits on certain features or restrict your access to parts or all of the Projects owned by 26horses Productions without notice or liability.

Termination.

This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the project. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. 26horses Productions may terminate this Agreement with or without notice by terminating the Account as set forth in Section 8. The provisions of Sections 4, 7, 11 and 14-20 shall survive any termination of this Agreement.

Warranty Disclaimer.

THE PROJECT AND THE SERVICE ARE PROVIDED "AS IS" AND 26horses Productions DOES NOT WARRANT THAT THE Project OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 26horses Productions EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability.

NEITHER 26horses Productions NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE Project OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL 26horses Productions BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

Force Majeure.

26horses Productions shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of uCool Limited, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond uCool Limited's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Acknowledgments.

You hereby acknowledge and agree that: WHEN RUNNING, THE PROJECT MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE PROJECT. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE PROJECT, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 9. IN THE EVENT THAT THE PROJECT DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, 26horses Productions MAY (a) COMMUNICATE INFORMATION BACK TO 26horses Productions, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT OR THE EULA, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

WHEN THE PROJECT IS RUNNING, 26horses Productions MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROJECT AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.

26horses Productions may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if 26horses Productions believes that doing so may protect your safety or the safety of others.

26horses Productions MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that 26horses Productions is under no obligation to monitor Chat, and you engage in Chat at your own risk. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

Equitable Remedies.

In the event that you breach this Agreement, you hereby agree that 26horses Productions would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that 26horses Productions shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as 26horses Productions may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 19, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

Dispute Resolution and Governing Law. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and 26horses Productions agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. 26horses Productions will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to 26horses Productions.

Binding Arbitration.

If you and 26horses Productions are unable to resolve a Dispute through informal negotiations, either you or 26horses Productions may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, 26horses Productions will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and 26horses Productions may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Restrictions. You and 26horses Productions agree that any arbitration shall be limited to the Dispute between 26horses Productions and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration. You and 26horses Productions agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or 26horses Productions's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of New York, State of New York, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and you and 26horses Productions agree to submit to the personal jurisdiction of that court.

Governing Law.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the project and/or the Service as supplied by 26horses Productions to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable. Severability. You and 26horses Productions agree that if any portion Section 19 is found illegal or unenforceable (except any portion of 19(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 19(d) is found to be illegal or unenforceable then neither you nor 26horses Productions will elect to arbitrate any Dispute falling within that portion of Section 19(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and you and 26horses Productions agree to submit to the personal jurisdiction of that court.

Miscellaneous.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and 26horses Productions concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and 26horses Productions; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

Refund Policy

Orders are processed and dispensed instantly and automatically when payment is submitted. Users agree that once payment is successfully submitted, no refund will be granted and user will receive the purchased digital item or access to the project owned by 26hoses Productions in question.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE PROJECTS AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.