Legal
Imperial Galaxy Privacy Policy
Creative Enclave Pty Limited -- "IMPERIAL GALAXY" End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT") IS ENTERED INTO BETWEEN CREATIVE ENCLAVE PTY LIMITED, A COMPANY INCORPORATED UNDER THE LAWS OF NEW SOUTH WALES, AUSTRALIA WITH AUSTRALIAN BUSINESS NUMBER 46 128 008 748 AND WITH REGISTERED OFFICE AT 282 OXFORD STREET, BONDI JUNCTION, NEW SOUTH WALES, AUSTRALIA ("CREATIVE ENCLAVE") AND YOU ("YOU" OR "YOUR").
IT IS IMPORTANT THAT YOU READ AND CAREFULLY UNDERSTAND THIS AGREEMENT. BY DOWNLOADING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. CREATIVE ENCLAVE RESERVES THE RIGHT IN ITS SOLE DISCRETION AT ANY TIME TO CHANGE ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. ANY CHANGES TO THIS AGREEMENT WILL BE EFFECTIVE UPON POSTING AT HTTP://WWW.IMPERIALGALAXY.COM.
This Agreement was last updated on the 17th of December of 2007.
1. DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings:
1.1 "Documentation" means the online, electronic or printed user guides and other documentation which CREATIVE ENCLAVE makes generally available which describes the installation and use of the Software.
1.2 "Derivative Work" means a new or modified work that is based on or derived from a preexisting work, including, without limitation, a work that, in the absence of a license, would infringe the copyright in such preexisting work or that uses trade secrets or other proprietary information with respect to such preexisting work.
1.3 "Game" means CREATIVE ENCLAVE's "Massively Multiplayer Online Game" currently entitled "IMPERIAL GALAXY".
1.4 "Intellectual Property Rights" means all intellectual property rights, including patents, supplementary protection certificates, petty patents, utility models, Trademarks (as defined below), database rights, rights in designs, copyrights (including rights in computer software) and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, in each case for their full term, and together with any renewals or extensions, now existing or coming into existence or acquired in the future.
1.5 "Service" shall mean the service by which the Software and related services hosted on servers controlled by CREATIVE ENCLAVE and, as applicable, its designees, are made available through the Internet for remote use by third parties and specifically as a platform application on social networks.
1.6 "Software" means the Game software, in object code form only, and the media, Documentation and Updates (as defined below) for which you are granted a license pursuant to this Agreement.
1.7 "Term" shall have the meaning set forth in Section 8.1.
1.8 "Terms of Use" means CREATIVE ENCLAVE's terms of use for the Service located at http://www.imperialgalaxy.com.
1.9 "Trademarks" shall mean (a) the trademarks, trade names, and service marks used by a party, whether registered or unregistered; (b) the respective stylistic marks and distinctive logotypes for such trademarks, trade names, and service marks; and (c) such other marks and logotypes as either party may designate from time to time in writing.
1.10 "Updates" means the object code forms of any modifications, error corrections, bug fixes, new releases, or other updates of or to the Software that may be provided or otherwise made available hereunder by CREATIVE ENCLAVE to you during the Term.
2. GRANT OF LICENSE; RESTRICTIONS
2.1 Limited Grant of License/Terms of Use. Subject to the terms and conditions of this Agreement, CREATIVE ENCLAVE hereby grants you a non-exclusive, nontransferable, nonsublicensable, limited right and license, during the Term, to access and use the Software, solely in accordance with the Documentation and solely for your own personal and non-commercial use. Except as set forth in this Section 2.1, no other right or license of any kind is granted by CREATIVE ENCLAVE to you under this Agreement with respect to the Software. In order to use the Software and the Service, you must agree to the terms and conditions of the Terms of Use, which are incorporated into this Agreement by this reference.
2.2 Restrictions. You acknowledge and agree that you shall not use the Software for any purpose other than entertainment, personal and non-commercial purposes, and that you shall use the Software in accordance with all applicable laws, rules, and regulations and specifically the Terms of Use and policies of the social network upon which the Imperial Galaxy platform application is hosted. Except as expressly provided in this Agreement, you shall not, and shall not permit any third party to, without limitation: (a) copy all or any portion of the Software; (b) except to the extent and in the circumstances expressly required to be permitted by CREATIVE ENCLAVE by law, decompile, disassemble or otherwise reverse engineer the Software, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques used or embodied in the Software; (c) edit, modify, translate, or create any Derivative Works based upon the Software; (d) publish, distribute, disclose, broadcast, market, rent, lease, assign, sublicense, pledge or otherwise transfer the Software, in whole or in part, to any third party; (e) host, provide or develop matchmaking services for the Software or intercept, emulate or redirect the communication protocols used by CREATIVE ENCLAVE, or its designees, in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Software, use of a utility program or any other technique now known or developed in the future, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; (f) create, use or maintain any unauthorized connections to the Software; (g) remove or alter any Intellectual Property, or other proprietary notices, legends, symbols, or labels appearing on or in the Software; (h) perform, or release the results of, benchmark tests or other comparisons of the Software with other software or materials; (i) use the Software for any purpose other than in accordance with the terms and conditions of this Agreement.
2.3 Grant of License in Your Materials. You grant CREATIVE ENCLAVE a worldwide, royalty-free, non-exclusive, limited, perpetual, nontransferable right and license to: (a) use, copy, reproduce, republish, distribute, download, transmit, broadcast, perform (publicly, digitally, or otherwise), communicate to the public, display (publicly or otherwise) record, edit and make derivative works of any and all data, information, content and other materials prepared by you through the use of, stored by you in connection with, or transmitted by you by or through, the Software ("Your Materials") for purposes of making the Software available to you and for internal analytic, statistical, security, quality control, and similar purposes; and (b) sublicense these rights to CREATIVE ENCLAVE’s designees. You represent and warrant to CREATIVE ENCLAVE that you have the right to grant these licenses in Your Materials.
3. SERVICE
3.1 Hosting. During the Term, CREATIVE ENCLAVE and/or its designees shall host and maintain the Service, and provide access to the Service through the use of the Software, subject to the terms and conditions of this Agreement and the Terms of Use. You acknowledge and agree that the Software is used to play the Game through the Service and that CREATIVE ENCLAVE may, in its sole discretion, terminate or otherwise discontinue providing the Service to you pursuant to this Agreement, the Privacy Policy and/or the Terms of Use.
3.2 Updates. During the Term, CREATIVE ENCLAVE may provide you with Updates as they are made generally available by CREATIVE ENCLAVE. You grant CREATIVE ENCLAVE your express consent to provide Updates to you by any and all means, with or without your knowledge and/or consent. Any Update provided or made available by CREATIVE ENCLAVE shall be deemed part of the Software and shall be subject to the terms and conditions of this Agreement.
4. PROPRIETARY RIGHTS
As between CREATIVE ENCLAVE and you, CREATIVE ENCLAVE owns and shall retain all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to the Software, and any portions thereof, including, without limitation, any copy or Derivative Work of the Software (or any portion thereof) and any Updates thereto. You agree to take any action reasonably requested by CREATIVE ENCLAVE to evidence, maintain, enforce or defend the foregoing rights. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with CREATIVE ENCLAVE’s ownership of and rights with respect to the Software, or any Derivative Work or Update thereof. You shall have only those rights in and to the Software and any Derivative Work or Update as are expressly granted to you under this Agreement or the Terms of Use.
5. CONFIDENTIAL INFORMATION
5.1 Confidential Information. You acknowledge that, in the course of using the Software and exercising your rights under this Agreement, you may obtain confidential information relating to the Software, the Service or CREATIVE ENCLAVE and its Vendors or other parties ("Confidential Information"). Such Confidential Information shall, as between you and CREATIVE ENCLAVE, belong solely to CREATIVE ENCLAVE and shall include, without limitation, the Software (including any and all Derivative Works and Updates), the existence of and terms of this Agreement, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, formulas, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and functional specifications, product requirements, problem reports, performance information, documents, and other technical, business, product, marketing, third party customers, and financial information, plans and data.
5.2 Use and Disclosure Restrictions. You hereby acknowledge and agree that the Confidential Information constitutes and contains valuable proprietary information and trade secrets of CREATIVE ENCLAVE, and embodies substantial creative efforts and confidential information, ideas, and expressions. Accordingly, you agree: (a) to protect the Confidential Information from unauthorized dissemination and use; (b) to use the Confidential Information only for the performance of your obligations and in connection with the exercise of your rights under this Agreement; (c) not to disclose or otherwise provide to any third party, without the prior written consent of CREATIVE ENCLAVE, any Confidential Information or any part; (d) to undertake whatever action is necessary to prevent or remedy (or authorize CREATIVE ENCLAVE to do so in your name) any breach of your confidentiality obligations set forth herein; (e) not to remove or destroy any proprietary or confidential legends or markings placed upon or contained within the Software, or on any other Confidential Information provided to you by CREATIVE ENCLAVE; and (f) not to develop any other materials, products, or services containing any of the concepts or ideas contained in the Software or Service or any other Confidential Information.
5.3 Exclusions. The foregoing restrictions pertaining to the Confidential Information shall not apply with respect to any Confidential Information that: (a) was or becomes publicly known through no fault of you; (b) was known by you before receipt from CREATIVE ENCLAVE, as evidenced by your contemporaneous written records, (c) becomes known to you without confidential or proprietary restriction from a source other than CREATIVE ENCLAVE that does not owe a duty of confidentiality to CREATIVE ENCLAVE with respect to such Confidential Information; or (d) is independently developed by you without the use of the Confidential Information. In addition, you may use or disclose Confidential Information to the extent (i) expressly approved by CREATIVE ENCLAVE in writing, and (ii) you are legally compelled to disclose such Confidential Information; provided, however, prior to any such compelled disclosure you shall cooperate fully with CREATIVE ENCLAVE in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information.
6. NO WARRANTY/LIMITATION OF LIABILITY
6.1 DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW CREATIVE ENCLAVE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT AND ACCURACY AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CREATIVE ENCLAVE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE, AND/OR THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE AND/OR SOFTWARE IS HOSTED AND/OR OPERATES, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SOFTWARE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF CREATIVE ENCLAVE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE IN OR ON THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
6.2 LIMITATION OF LIABILITY. NEITHER CREATIVE ENCLAVE NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR CREATIVE ENCLAVE'S OR OTHER ENTITIES' DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, EVEN IF CREATIVE ENCLAVE (OR SUCH OTHER ENTITIES OR PERSONS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE OR ANY PART THEREOF, IS TO STOP USING THE SOFTWARE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CREATIVE ENCLAVE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE A MAXIMUM OF TWENTY AUSTRALIAN DOLLARS.
6.3 Other. Without limiting the above, CREATIVE ENCLAVE shall have no obligations, responsibilities and/or liabilities if any non conformance or failure of, or error in, the Software is caused by: (a) use of any attachment, feature, hardware, software or device in connection with the Software; (b) transportation, neglect or misuse of the Software or any use of the Software that is not in accordance with this Agreement and/or the Documentation; (c) alteration, modification, or enhancement of the Software; or (d) failure to provide a suitable installation or use environment for all or any part of the Software.
6.4 Nothing in this Agreement shall exclude or limit CREATIVE ENCLAVE's liability for fraud or for death or personal injury resulting from our negligence or the negligence of our employees or agents.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold CREATIVE ENCLAVE, our affiliates, licensors, suppliers, advertisers, sponsors and partners, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against, any claim based upon: (a) the use, operation or combination of the Software with non-CREATIVE ENCLAVE software, data, equipment or documentation if liability would have been avoided but for such use, operation, or combination; (b) use of other than the then-current, unaltered version of the Software; (c) your activities after CREATIVE ENCLAVE has notified you that CREATIVE ENCLAVE believes such activities may result in infringement; (d) any modifications to or markings of the Software; (e) any third party software; (f) any of Your Materials; or (g) your breach or alleged breach of this Agreement.
8. TERM AND TERMINATION
8.1 Term. This Agreement shall commence on the date You download the platform application and shall continue until termination in accordance with this Section 8.
8.2 Termination. CREATIVE ENCLAVE may terminate this Agreement in the event that you fail to comply with the terms and conditions contained herein or the terms and conditions contained in the Terms of Use. Without limiting the above, CREATIVE ENCLAVE reserves the right immediately to terminate this Agreement, and/or your use of the Software or any portion thereof, at any time and for any reason, with or without cause. You may terminate this Agreement by deleting the platform application from your social network. Any and all individual user status, data or accomplishments once accumulated and stored either during or after the open beta test period shall be deemed transient in their nature, and CREATIVE ENCLAVE shall have no obligation or responsibility whatsoever to restore or recover such status, data or accomplishments thereafter.
8.3 Effect of Termination. Upon termination of this Agreement, all rights and licenses granted to you under the Agreement shall immediately terminate. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not act as a release of your liability for breach of your obligations under this Agreement. CREATIVE ENCLAVE shall not be liable to you for damages of any kind solely as a result of terminating this Agreement in accordance with its terms. CREATIVE ENCLAVE's termination of this Agreement shall be without prejudice to any other right or remedy that it may have at law or in equity, and shall not relieve you of breaches occurring prior to the effective date of such termination.
9. GENERAL PROVISIONS
9.1 Assignment. This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of CREATIVE ENCLAVE. CREATIVE ENCLAVE may assign, license, delegate or otherwise transfer its rights or obligations under this Agreement to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties to this Agreement are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section 9.1 shall be null and void.
9.2 Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales, and the parties irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.
9.3 Attorneys Fees. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual legal fees paid or incurred in good faith.
9.4 Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have under this Agreement operate as a waiver of any right or remedy.
9.5 Severability. If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
9.6 Force Majeure. Neither party shall be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network "brownouts" or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
9.7 Captions and Section Headings. The captions and Section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
9.8 Entire Agreement; Amendment. This Agreement (together with the Terms of Use and Privacy Policy) constitute the entire agreement between the parties, and supersede (a) all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written, between the parties relating to the subject matter of this Agreement; and (b) all past courses of dealing and industry custom.
IMPERIAL GALAXY Privacy Policy
Creative Enclave Pty Limited -- "IMPERIAL GALAXY" PRIVACY POLICY
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE.
Imperial Galaxy is a massively multiplayer game built specifically as a platform application for use on open social network platforms, such as the Facebook Application Platform.
The creators of Imperial Galaxy, Creative Enclave Pty Limited, care about online privacy, and this privacy policy describes the personal information we collect, why we collect it, and explains how it is used. By using the Imperial Galaxy website you agree to the collection and use of your personal information as described below as well as the collection of generic information about your use of the Imperial Galaxy platform application or any other social media application you download from Creative Enclave Pty Limited. You also agree to abide by the terms described in the Imperial Galaxy Terms of Use and End User License Agreement. We hope this agreement will help you make an informed decision about sharing personal information with us.
CREATIVE ENCLAVE DOES NOT STORE ANY USER INFORMATION ASSOCIATED WITH A USER INTO A DATABASE OR ANY OTHER TYPE OF DATA STORAGE MEDIUM TO COMPLY WITH THE PRIVACY TERMS OF SOCIAL NETWORKS SUCH AS FACEBOOK.
1. INFORMATION COLLECTION AND USE BY CREATIVE ENCLAVE
Creative Enclave collects user submitted information such as name, email and password data to authenticate users, and to send notifications to those users relating to the Imperial Galaxy service. This information is not shared to anyone and is used by Creative Enclave so we can customize your experience and protect the security of your account.
We may also use a user's email address to send updates, a newsletter or news regarding the service. You may opt-out of Newsletter emails via your Settings page.
Creative Enclave may also log non-personally-identifiable information including IP address, profile information, referring/exit pages, date/time stamp, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.
From time to time, Creative Enclave or a partner/advertiser, may sponsor a promotion, sweepstake or contest through Imperial Galaxy.
2. THIRD-PARTY ADVERTISERS
Advertising partners may deliver advertisements appearing within Imperial Galaxy. Our arrangements with these advertisers do not require us to share any personally-identifiable information about our users. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize a computer each time they send an online advertisement. In this way, ad servers may compile information about users, or others who are using a computer, saw their advertisements and determine which ads are clicked on. This information allows an advertising network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by Creative Enclave and does not cover the use of cookies by any third party advertisers who may be promoted through Imperial Galaxy.
3. COOKIES
Creative Enclave uses cookies to store users' preferences and to record session information, to ensure that visitors are shown content based on browser type and user profile information. Please note this privacy statement covers the use of cookies by www.imperialgalaxy.com and www.creativeenclave.com only and does not cover the use of cookies by any advertisers.
4. LINKS
Imperial Galaxy may surface links to other Facebook Applications and may link to other sites via user generated information. Creative Enclave is not responsible for the privacy policies and/or practices on other sites or applications. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on Imperial Galaxy and any information passed by users of Imperial Galaxy in requesting link exchange or advertising code.
5. DELETING A USER ACCOUNT
To delete a user account, a user may remove the Imperial Galaxy platform application from their suite of Facebook applications.
6. SECURITY
Creative Enclave takes certain precautions to insure that user account information is kept private. We use reasonable measures to protect user information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the absolute security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.
Except as otherwise described in this privacy statement, Creative Enclave will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us; (2) to enforce the Imperial Galaxy Terms of Use or to protect our rights; or (3) to protect the safety of members of the public and users of the service.
7. CHANGES IN OUR PRIVACY POLICY
From time to time we may make changes to our privacy policy. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it.
8. QUERIES
If you have any questions about this privacy statement, the practices of the Imperial Galaxy site or platform application, or your dealings with the Imperial Galaxy platform application, please refer to the help pages on our web site or platform application.
IMPERIAL GALAXY Terms of Use
Creative Enclave Pty Limited -- "IMPERIAL GALAXY" TERMS OF USE
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
Creative Enclave Pty Limited ("Company," "we" or "us", and "our" to be construed accordingly) provides this web site (at: http://www.imperialgalaxy.com) (the "Site") and all site-related services and products, including without limitation, the massively multiplayer online role-playing game (the "Game") titled “IMPERIAL GALAXY,” in the form of a social network platform application (collectively, the "Service") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement").
This Agreement governs the relationship between the Company and you, the Service user ("you", and "your" to be construed accordingly) with respect to your use of the Service. It is important that you read carefully the terms and conditions of this Agreement.
We reserve the right at any time to:
* Change the terms and conditions of this Agreement, the terms and conditions were last updated on the 17th of December of 2007;
* Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service;
* Change any fees or charges, if any, related to your use of the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. We recommend that you return to the Site periodically to ensure familiarity with the most current version of this Agreement.
1. INFORMATION ABOUT US
We are Creative Enclave Pty Limited, a company incorporated under the laws of New South Wales, Australia with Australian Business Number 46 128 008 748 and with registered office at 282 Oxford Street, Bondi Junction, New South Wales, Australia.
2. SERVICE REGISTRATION.
2.1 Acceptance of Agreement. In order to access and use the Service to play the Game, you must have accepted both these Terms of Use and those of the social network upon which you access the Game. Both of these Terms of Use should be read in conjunction with one another. By downloading the Game, you represent and warrant that you agree to all of the terms and conditions of this Agreement.
2.2 Registration Information. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation, for security, to verify your ownership of and to maintain your Account, to ensure that your Account is unique, to deal with security issues, debugging and technical support issues. This information may also be shared or otherwise transferred to our affiliates, advertisers and current or potential business partners and/or other third parties for a variety of purposes, including for the purpose of providing you with advertisements, promotions, marketing materials or other materials or information related to products and services which might be of interest to you. Without limiting the foregoing, all of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Agreement and our Privacy Policy.
2.3 Username. As part of the registration process, you will be given an Imperial Galaxy username which you will use each time you access the Service. You understand and agree that we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You agree not to transfer your right to use or access the Service via your username to any third person.
3. SERVICE USE & RESTRICTIONS.
3.1 Basic Use. Subject to the terms and conditions of this Agreement, you may download the Software (as defined below), use the Service and play the Game for free.
3.2 Code of Conduct. While using the Service, including without limitation, while using any data, text, graphics, images, audio and/or video clips, logos, icons, links and other information, content and materials provided through or included in the Service or the Game (collectively, the "Materials") and/or the software available for downloading through the Service ("Software"), you agree not to:
* Restrict or inhibit any other individual from using the Service or Software, including, without limitation, by means of "hacking" or defacing any portion of the Service or Software;
* Institute an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers;
* Use the Service, Materials or Software for any unlawful purpose;
* Express or imply that any statements you make or actions you take are endorsed by us;
* Transmit: (i) any content or information that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any material, non-public information about companies without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
* Engage in spamming or flooding;
* Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
* Except to the extent and in the circumstances expressly required to be permitted by the Company by law, modify, adapt, sub-license, translate, sell, reverse engineer, create a derivative work of, decompile or disassemble any portion of the Service, Materials or Software;
* Remove, alter or conceal any copyright, trademark or other proprietary rights notices contained in the Service, Materials or Software;
* "Frame" or "mirror" any part of the Service without our prior written authorization;
* Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
* Harvest or collect information about Service, visitors to the Site or users of the Service without their express consent;
* Except to the extent and in the circumstances expressly required to be permitted by the Company by law, host, provided matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software;
* Modify the Software or Service to change "game play," including without limitation, the creation of cheats and/or hacks or the use of third-party software to access files in the Software;
* Use "packet sniffing," scripting and/or macroing software or otherwise monitor the Service or Software;
* Exploit the Software or Service for any commercial purpose, including the provision of "power leveling" services;
* Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;
* Use tools which hack or alter the Software or that allow you to connect to the Software's private binary interface or use user or other interfaces other than those provided by us to you; and/or
* Disclose your personally identifiable information or any other person's or user's personally identifiable information.
While using the Service, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations, including those of the social network upon which the Imperial Galaxy platform application is hosted. In addition to the foregoing, we reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Game, Service, Materials and/or Software. We further reserve the right to determine what conduct is outside the "spirit" of the Game.
3.3 Playing the Game. At all times you shall comply with the terms and conditions of this Agreement and the terms and conditions of Game Rules and Policies provided on the Service which are incorporated into this Agreement by this reference. By playing the Game, you agree to the Game Rules and Policies.
4. COMPANY MATERIALS.
The information and materials provided to you through the Service, including without limitation, any data, text, graphics, images, audio and/or video clips, logos, icons and links, including the Software, Materials and Game, are solely for entertainment purposes and not for commercial use. You may not, without limitation, reproduce, republish, download, post, broadcast, record, transmit, edit, communicate to the public or distribute in any way the Materials other than for your own personal use and to the extent necessary to play the Game. You may only use the Materials other than permitted under this clause 4 with our express prior written authorization.
5. OWNERSHIP AND RESTRICTIONS ON USE.
5.1 Service/Materials. The Service is owned and operated by the Company and the Materials (and any intellectual property and other related rights) and any other data, content, materials and information included in the Service, are and will remain the property of the Company (and/or its licensors and suppliers, as applicable). The Game, Service, Materials and the selection, compilation, collection, arrangement and assembly thereof are protected under Australian and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not without limitation, reproduce, republish, download, post, broadcast, record, transmit, edit, communicate to the public or distribute in any way the Game, Service, Materials or other content or information available on or through the Service in any way without our prior written permission. The Game, Service and Materials may be used solely to the extent necessary for your authorized use of the Service, as provided in this Agreement or as expressly authorized in writing by the Company. Modification or use of the Materials, Game or Service for any other purpose is a violation of our and/or licensors' copyright and other proprietary rights, and is strictly prohibited. You acknowledge and agree that you do not acquire any ownership rights in or to the Service, in whole or in part (including without limitation, with respect to the Site, Game, Materials and/or Software) by using the Service or the Materials. This includes, but is not limited to, the character(s), character ID(s) and/or other Game items acquired or created in the Game and/or any text sent or written in and/or through the use of the Service. You have no right to sell or otherwise transfer any of the Materials, Game, Service, or any other content, materials or information included in the Service, in whole or in part, to any third person in return for anything of value (including "real" money) or otherwise.
5.2 Software. Use or download of the Software is conditional on your acceptance of the terms and conditions of our End User License Agreement and any license agreements relating to such Software, including all third party agreements. By acquiring or using the Software, you agree to all of the terms and conditions set forth in the End User License Agreement. Title to the Software (and any other software) is not transferred to you. You own the medium on which the Software (or other software) is recorded, but we (or the owner of the software) retain all right, title and interest in and to the Software (or other software), and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software (or other software) to a human-perceivable form or transfer the Software (or other software) to any third party.
5.3 Trademarks. The trademarks, trade names, names, logos and service marks displayed on the Site and available on the Service (collectively the "Trademarks") are the trademarks of the Company or the Company’s business partners. The Trademarks owned by the Company, whether registered or unregistered, may not be used in connection with any third party product or service, in any manner that is likely to cause consumer confusion or in any manner that disparages the Company. Nothing contained on the Service should be construed as granting you (by implication, estoppel or otherwise) any license or right to use any Trademark without the express written permission of the Company or the Company's business partners, as applicable. Misuse of the Trademarks is prohibited and the Company will aggressively enforce its intellectual property rights in its Trademarks, including via civil and criminal proceedings.
6. PRIVACY/SECURITY.
You understand that any information provided by you or collected by us in connection with your use of the Service will be used in the manner described herein. You understand that we do not guarantee that your use of the Service and/or the information contained in your Account will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.
7. JURISDICTIONAL ISSUES/SERVICE INTERRUPTIONS.
We make no representation and do not warrant that Materials available on or through the Service, including without limitation, the Software and the Game, are appropriate or available for use in all locations. Those who choose to access and/or use the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit, suspend, interrupt or terminate the availability of the Service, in whole or in part, to you and any other user or person, geographic area or jurisdiction, at any time and in our sole discretion. You acknowledge and agree that interruptions, delays and disruptions of the Service may occur and that the Company has no control over third party servers, systems and/or networks, which may be utilized in connection with the functioning of the Service. The company hereby disclaims all liabilities with respect to all interruptions, delays and disruptions of the Service.
8. SUSPENSION/TERMINATION/DISCONTINUATION.
8.1 Suspension/Termination. This Agreement commences when you download the Game and remains effective until terminated. If you wish to terminate your Account, you may do so by deleting the application from your social network. We reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement if you violate the terms and conditions of: (i) this Agreement, (ii) the End User License Agreement, and/or (iii) any of the Game Rules and Policies. We also reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement in our reasonable discretion. Any and all individual user status, data or accomplishments once accumulated and stored during the open beta test period shall be deemed transient in their nature, and Company shall have no obligation or responsibility whatsoever to restore or recover such status, data or accomplishments thereafter.
8.2 Discontinuation. You understand that the Service is provided via the Internet by the Company through the use of servers, networks and other technology. The company reserves the right, upon thirty (30) days notice, to discontinue the provision of the Service and nothing herein shall be construed as an obligation on the part of the Company to continue the provision of the Service after the expiration of such notice period. Upon the expiration of such discontinuation notice period, your Account and this Agreement shall terminate.
8.3 Effect of Termination. Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease and you shall destroy all Materials and Software obtained through your use of the Service and all copies thereof.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT.
9. DISCLAIMERS.
THE SERVICE (INCLUDING THE SITE, THE GAME, THE MATERIALS AND THE SOFTWARE) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT THE SITE OR YOUR USE OF THE GAME OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY SUSPEND ACCESS TO THE SITE TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS REASONABLY BEYOND OUR CONTROL. WE DO NOT ACCEPT ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE AND WE CANNOT GUARANTEE AND DO NOT REPRESENT OR WARRANT THAT ANY FILES THAT YOU DOWNLOAD ARE FREE FROM VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY.
NEITHER THE COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING THE SITE, THE GAME, THE MATERIALS AND THE SOFTWARE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY IN SUCH JURISDICTIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE A MAXIMUM OF TWENTY AUSTRALIAN DOLLARS. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS. WE WILL CO-OPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OF OR LOCATE ANYONE FOR THE PREVENTION OR DETECTION OF CRIME OR THE APPREHENSION OR PROSECUTION OF OFFENDERS. YOU HEREBY ACKNOWLEDGE THAT THERE MAY BE OTHER CIRCUMSTANCES IN WHICH WE MAY BE REQUIRED BY LAW TO DISCLOSE INFORMATION ABOUT YOU OR YOUR USE OF THE SITE AND/OR THE SERVICE.
11. INDEMNIFICATION.
You agree to indemnify, defend and hold the Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including any legal fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials you submit or transmit while using the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; and/or (c) your use of the Game, Software or Service.
12. QUESTIONS/COMMENTS.
The Service is provided by Creative Enclave Pty Limited. If you have any questions, comments or complaints regarding this Agreement or the Service, please read the help section on the Imperial Galaxy website and application pages.
13. MISCELLANEOUS.
This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Each provision of this Agreement shall be construed separately and independently of any other and if any provision of this Agreement is found to 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. Except as otherwise specifically provided herein, this is the entire Agreement between the parties relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.