You must be at least 13 years of age to use the Website and Service and to create a user account with CHANGYOU. If you are 13 or over, but are under the age of 18, you must review the Terms of Service with your parent or guardian before accepting them and creating a user account. By using the Website and/or Service or creating a user account, you represent that you, or, if you are under 18, your parent/guardian, have the legal capacity to agree to the Terms of Service, have read and agreed to the Terms of Service, and are not barred from receiving services offered by us under the laws of the United States and any other applicable jurisdiction.
We caution you that certain portions of the Website and/or Service may contain mature content not suitable for minors. You must confirm that you are at least 18 years of age when accessing such adult content. By entering any part of the Website and/or Service which is intended for or is marked for mature audiences only, you certify that you are at least 18 years of age or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We are not responsible in any way for your failure to accurately confirm your age per the terms.
Please note that you cannot create a user account and receive any services, such as posting in forums, playing games, purchasing prepaid game cards/tokens from CHANGYOU at the Website, without accepting the Terms of Service.
You agree to provide true and accurate information necessary to create your user accounts (i.e., a Game Account, which are referred to collectively as "Accounts"). You further agree to promptly update your Accounts to maintain their truth and accuracy at all times. You are solely responsible for your Accounts, including the confidentiality and security of your Account names and passwords, and all activities and transactions that occur under your account. You agree to immediately notify us of any breach of security or unauthorized access related to your Accounts. Notwithstanding your notice to us and/or any assistance we provide to change your password, you hereby acknowledge and agree that you are solely responsible for all risks, including unauthorized access, related to your Accounts. If an Account user violates any part of the Terms of Service, we may, in our sole discretion, immediately suspend or terminate such Account or any activity related to such Account with or without notice.
CHANGYOU may suspend or terminate in its sole discretion any activated Game Account that has been inactive for more than 12 months. CHANGYOU shall not be responsible in any way for suspending or terminating any inactive account.
Your Accounts are personal to you. Accounts are non-transferable and cannot be shared, borrowed or exchanged in any way. You may not select as your Accounts 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 users to believe you to be an employee of CHANGYOU, or which CHANGYOU deems in its discretion to be vulgar or otherwise offensive. You acknowledge and agree that CHANGYOU is not responsible for any claims, disputes or damages arising from such actions. CHANGYOU reserves the right to delete, or to change, any vulgar or otherwise offensive Accounts.
You may be able to post or send messages, text, graphics, photos, videos, music, code, data, or other materials ("User Content") to the Service and the Website's discussion forums, chat rooms, or other areas. By posting or sending such User Content, you represent and warrant that (i) you have the right to use, distribute, and/or reproduce all materials contained therein, (ii) the User Content is accurate, and (iii) the User Content does not violate the license conditions or any other provisions in the Terms of Service and will not violate any rights of or cause injury to any person or entity. CHANGYOU may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. In consideration of your use of the Website and the Service, you hereby assign and transfer to CHANGYOU all rights, title and interest, including intellectual property rights, in and to the User Content.
Notwithstanding the foregoing, you covenant that you shall be solely responsible for such User Content, including any fees, royalties, and/or damages resulting from any infringement of the rights of any third party. CHANGYOU reserves the right, but is not obligated, to remove or modify any User Content posted on any part of the Website or Service, for any reason or no reason with or without notice.
CHANGYOU is the owner of all rights and title in and to the Website, the Games, the Service, and all features and content thereof including without limitation software, computer code, data, files, patches, updates, user accounts, characters, stories, chat transmissions, objects, dialogues, artworks, designs, graphics, sounds, and musical compositions (collectively, "Intellectual Property"), which are protected by the copyright laws and other proprietary rights laws of the U.S. and any other applicable jurisdictions. Except as expressly permitted in the Terms of Service or by CHANGYOU, you shall not create modifications or derivative works of any kind to the Intellectual Property (the "Derivative Works") using any third-party software, applications, emulators or tools. Any Derivative Works and all rights therein shall belong to CHANGYOU. In consideration of your use of the Website, the Games, and the Service, you hereby assign and transfer to CHANGYOU any and all rights you may have in such Derivative Works. Notwithstanding the foregoing, you covenant that you shall be solely responsible for such Derivative Works, including any fees, royalties, and/or damages resulting from any infringement of the rights of any third party. Nothing in the Terms of Service, including the "License Grant and Conditions" provisions below, shall be construed as conferring any license to or rights in CHANGYOU's Intellectual Property except as expressly stated in the Terms of Service.
Subject to the Terms of Service, CHANGYOU grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website, the Service, and the Intellectual Property, solely for your noncommercial and personal gaming purposes, and for no other purposes. This license may be revoked by us at any time with or without cause. Unless otherwise expressly permitted in the Terms of Service or on the Website, the license granted will be immediately terminated by CHANGYOU if you:
As further conditions to the license granted herein, you agree to refrain from any of the following actions during your use of the Website and the Service, including posting of any User Content:
You are also granted a limited, non-exclusive, revocable license to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray CHANGYOU or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult, illegal, or otherwise offensive material. This license may be revoked at any time, and is further conditioned upon your refraining from including in your hyperlink, either directly or through framing techniques, any of CHANGYOU's Intellectual Property and proprietary materials, including without limitation the CHANGYOU trademark and logo, and our designs, graphics and images.
CHANGYOU has sole discretion in determining whether a violation of the license conditions mentioned above has occurred, and in determining the appropriate user disciplinary action, which may include immediate suspension or termination of your Accounts or the license granted.
You will need to have appropriate third-party services, including hardware, software, and Internet connectivity, to access the Website and the Service. You acknowledge and agree that CHANGYOU is not responsible for any issues, including without limitation service interruptions and fee disputes, related to those third-party services.
From time to time, you may need to download, and we may patch or update certain features or versions of our Games. This process may involve the automatic update and installation of such features or versions of the Games on your computer. In addition, during the operations of the Games, our system may scan your computer and automatically install the recommended system settings. You hereby consent to, and waive further notice of, such installation on your computer. You also acknowledge that when you uninstall our Games or software from your computer, all data related to such Games or software may be lost, and you are responsible for storing any data that you intend to retain.
The Games are free to play. You do not need to pay any license fee and/or service fee to play the Games. To access certain extra game features or to acquire the right to use certain items in the Games, you may need to purchase platform tokens for the Website, which are redeemable for in-game points. The platform tokens purchased and any applicable fees and charges are payable in advance through third-party online payment, mobile payment service and/or any other available payment providers shown on the Website (each a "Third Party Payment Service.”) All terms and conditions on the Website and/or Service applicable to the purchase of such tokens, as amended from time to time, are hereby expressly incorporated into the Terms of Service by reference. You hereby agree to all such terms and conditions relating to the purchase of tokens or the right to use the game items, including without limitation fees, methods of purchase, daily token-purchase limits, and minimum status required to trigger token-purchase capability. You acknowledge and agree that you are purchasing the right to use the game items only, and all other rights of ownership associated with the game items remain with CHANGYOU. You further acknowledge and agree that we have the right to remove without warning your tokens or right to use the game items that, in our sole determination, have been unfairly obtained by you.
CHANGYOU will not have access to or record any credit card or debit card information that you provide to a Third Party Payment Service. CHANGYOU is not responsible for any claims, disputes or damages arising from use or misuse of such information by any such Third Party Payment Service.
CHANGYOU owns or has rights to all contents that appear in the Games. You acknowledge and agree that you have no right to any such content, including but not limited to currency or virtual goods that appear or originate in the Games. CHANGYOU does not recognize any transfer of in-game virtual property executed outside of the game, or any “real world” sale, gift or trade of anything appears or originates in the Games. CHANGYOU is not responsible for, and shall not be liable for, any claims, disputes or damages arising from such actions. CHANGYOU is also not responsible for any claims, disputes or damages arising from Accounts and/or item stolen or from payment fraud.
Any chargeback claims are subject to our investigation and dispute through any forum. Only charges that, in CHANGYOU's sole determination, are a result of identity theft or fraud will be refunded. If your chargeback claim is deemed unreasonable or invalid, you agree to pay for all fees and costs arising from the disputed chargeback, including without limitation legal fees and expenses, damages, chargeback fees, and loss of profits.
The Website, the Games, and the Service may contain links to, or may be linked from, other web sites operated by third parties ("Third Party Sites"). CHANGYOU is not responsible for, and makes no representation or warranty with respect to, the quality, accuracy, nature and content of any Third Party Sites, including without limitation any changes, updates, or links contained therein (collectively, "Third Party Content"). CHANGYOU may run advertisements on or from Third Party Sites. However, the Third Party Sites and Third Party Content are neither under CHANGYOU's control, nor governed by our terms and policies. Your business dealings with such third parties are solely between you and such third party, and CHANGYOU is not liable for any loss or damage of any sort as a result of any such dealings. CHANGYOU is providing links to these Third Party Sites only as a convenience to you, and their inclusion on our Website does not imply endorsement by us of the Third Party Sites or Third Party Content, or any association with their operators.
You shall not access or attempt to access the Website, the Games, or the Service through third-party tools such as server emulators, 'bots,' and/or any other hardware or software that would (i) allow anyone else or any non-human tool to play the Games on your behalf, or (ii) impose a disproportionately large load on our networks, servers, or infrastructure.
The Website and the Service may be interrupted or suspended from time to time due to maintenance, updates, blocked access, or other reasons beyond our control. Such interruptions may occur with or without prior notice. CHANGYOU may also suspend or terminate the Website and the Service at any time and at its sole discretion, with or without prior notice. You acknowledge and agree that CHANGYOU shall not be liable for any such interruption, suspension, termination or any other delay or failure to perform due to any reasons. You further acknowledge and agree that CHANGYOU has no obligation to refund any tokens or credits affected by such interruption, suspension and/or termination. You also acknowledge and agree that CHANGYOU is not responsible for any losses due to any suspension and/or termination of service.
We may take disciplinary actions against you for any user violations. Such disciplinary actions may, in our sole discretion and determination, involve warnings, penalties, suspension or termination of your Account activity and/or Account. In addition, if any amount is debited from any CHANGYOU's merchant account with any Third-Party Payment Service due to a chargeback claim with respect to any purchase of tokens or prepaid game card, we may, in our sole discretion, suspend or terminate any or all Account activities and/or Account(s) of the user(s) who purchased such tokens or prepaid game card. Notwithstanding the foregoing, you acknowledge and agree that we have the right to suspend or terminate your Account at any time for any reason, with or without warning or notice.
In addition, you may cancel your Account at any time by notifying CHANGYOU. You understand such cancellation and/or discontinuing the use of the Website and the Service is your sole and exclusive right and remedy with respect to any dispute related to your access to or use of the Website and the Service, including without limitation the Terms of Service, the User Content, any fees charged, and any disciplinary actions taken.
Upon suspension, termination or cancellation of your Account, all rights including license rights granted to you or exercised by you under the Terms of Service or the Website shall cease immediately. Except as otherwise permitted under the "Charge and Chargeback" provisions hereof, no refund for any tokens or points remaining in your Game Account will be granted. We reserve the right to collect any fees and costs you accrued, either with us or any third party, prior to such suspension, termination or cancellation.
The Games are designed for play only as offered through our Website. You agree not to access, create or provide any other means through which the Games may be played by others, such as through sever emulators, which are not authorized by CHANGYOU.
In some tests such as an alpha or pre-closed beta test (a "Test"), we may create a Game Account and Password for you. Unless otherwise instructed, you are responsible for changing the password immediately after you receive it and for all risks associated with its use. You agree that you will abide by all regulations in the above "user accounts".
In addition, during the operation of the Games, our system may scan your computer and automatically install the recommended system settings. You hereby consent to, and waive further notice of, such installation on your computer. You also acknowledge that when you uninstall our Games or software from your computer, all data related to such Games or software may be lost, and you are responsible for storing any data that you intend to retain.
You may have the opportunity to preview non-public new games and features in a Test solely for the purpose of evaluating the games and identifying errors. You acknowledge that these new games and features are provided for testing "as is" and may contain known or unknown bugs, may not operate properly, may interfere with other software applications, and may cause loss of data or other problems. CHANGYOU makes no warranty to you of any kind, express or implied, with respect to any such games and features. You understand that CHANGYOU has no obligations to provide such games and features to you in the future, and that any tokens, characters or status you achieved during the Test may be erased and reset at any time.
You acknowledge and agree that all Tests and all information about the games, features, and other elements involved in the Tests, including without limitation any comments, ideas or other feedback (collectively the "Feedback") you may provide to us, are confidential (the "Confidential Information"). You agree that the Confidential Information will be used by yourself and for the purpose stated above only, and you agree to use all reasonable steps to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person or from falling into the public domain. All Confidential Information shall remain the sole property of CHANGYOU, and we may use such Confidential Information for any purpose without any obligation to you. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and CHANGYOU is entitled to (in addition to any other remedies available to it) ex parte injunctive relief, without posting a bond, to prevent the breach or threatened breach of your obligations. Your confidential obligations shall continue until CHANGYOU publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games, features and content that you are testing.
You, at your sole expense, shall defend, indemnify and hold harmless CHANGYOU and its affiliates, directors, officers, employees, agents, and licensors, from and against any claims, actions, causes of action, liabilities, liens, damages, losses and costs (including, without limitation, the costs of litigation and attorneys' fees and any incidental and consequential damages) arising out of or related to your improper use of your Accounts or the Service, your misrepresentation of your age, any User Content and/or Derivative Works created by you and CHANGYOU's use thereof, your breach or violation of the Terms of Service, or your violation of the rights of any third party.
CHANGYOU AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, AND ANY ERROR- OR VIRUS-FREE ENVIRONMENT OF THE WEBSITE AND THE SERVICE, AND ALL INFORMATION, SOFTWARE, AND MATERIALS CONTAINED THEREIN, WHICH ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHANGYOU AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH WEBSITE, SERVICE AND ALL INFORMATION, SOFTWARE, AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHANGYOU AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR ANY INFORMATION, SOFTWARE, AND MATERIALS CONTAINED THEREIN, OR WITH THE DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN TRANSMISSION, UNAUTHORIZED ACCESS TO, OR ANY FAILURE OF PERFORMANCE IN CHANGYOU'S PROGRAMS AND/OR SERVICES, EVEN IF THEY HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE SERVICE, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information to CHANGYOU:
Please send such notice to:
ChangYou.com (US), Inc.
2700 Augustine Dr. Suite 165
Santa Clara, CA 95054
CHANGYOU will take reasonable steps to promptly notify the user whose submission was removed or disabled that CHANGYOU has removed or disabled access to such content.
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have sufficient authorization from the copyright owner, from the copyright owner's agent, or pursuant to applicable law, to post and use the content in your user submission, you may send a counter-notice containing the following information to CHANGYOU:
Please send such notice to:
ChangYou.com (US), Inc.
2700 Augustine Dr. Suite 165
Santa Clara, CA 95054
If a counter-notice is received by CHANGYOU, CHANGYOU may send a copy of the counter-notice to the original complaining party informing that person that CHANGYOU may restore the removed content or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, CHANGYOU may replace the removed content and cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notice.
The Terms of Service shall be construed in accordance with the substantive laws of the State of California without regard to any choice of law rules or principles. You hereby submit to the jurisdiction of the state and federal courts for the State of California, Santa Clara County, and said courts shall have exclusive jurisdiction and venue to adjudicate the rights and obligations of the parties relating in any manner to the Terms of Service. All situations not clearly covered by the Terms of Service will be subject to the relevant laws and regulations of the United States. If any provision of the Terms of Service is held by any court to be invalid or unenforceable, such provision shall be deemed to be modified or deleted, but only to the extent necessary to enable that provision, and the remaining provisions of the Terms of Service, to be valid and enforceable. Any of our failure to act with respect to your breach does not waive our right to act with respect to any other breaches. You may not assign any rights or obligations under the Terms of Service without prior written consent of an authorized representative of CHANGYOU, and any attempt to the contrary is void.