Last Updated Sep 9, 2015
The purpose of this Agreement between JOYCITY Corporation. (hereinafter the “Company”, “Us” or “We”) and the user (“You”, “Your” or “Member”) is to stipulate the terms and conditions of using the Content, Online Game Software Program (the “Game”), or website services provided by GameKiss.com (the “Website”, “Site”, “Service”, or “GameKiss”), the Company or its affiliates, and the Company’s designated game service.
The Company and Publisher reserve the right, at its sole and absolute discretion, to revise, amend, change, add to, delete, or update all or portions of the terms of this Agreement, provided that the Company and Publisher have reasonable grounds and comply with applicable laws.
You agree to check regularly for any new updates and notices made to this Agreement through the website and that such responsibility is complied with you the member.
The Company and Publisher will not be liable for damages incurred by Members due to the Member being unaware of such modification and notice.
Members have the right to refuse to agree to the terms of modification and may secede and discontinue its use. However, the Member will be deemed to have agreed to such modification unless such Member expresses his or her refusal within seven (7) days from the effective date of modification.
GameKiss services and contents shall be provided for users age 13 and above only. If you are under the age 13, you will be restricted from registering as a member of GameKiss. Children under the age of 13 will be able to view the Website but will be restricted from using the Games or any Services that are granted to Members. Children under the age of 13 shall not register for a membership at GameKiss, and in case such user registers as a user providing false information, that user will be restricted from the use of the account upon discovery. In addition, if the information collected from such a user is personally identifiable information, the Company will take the responsibility to review, update, or remove the user’s information upon request by the parents of the child.
You may establish an account on GameKiss upon completion of the Website registration process. When creating such accounts, you may be required to provide GameKiss with certain personal and financial information. You agree that you will supply accurate information when requested, and that such information will be updated promptly after it changes. If you have registered inaccurate information, the Company can restrict the use of its services even if your subscription was voluntary. The Company can also classify such a User as an illegal user and restrain or block such user for a given period of time to prevent harm to other users.
Once you complete the Website registration, you become a Member of GameKiss.
All properties and rights of all content provided by the Company, such as items, the user's avatar and other content, are fully owned by the Company or licensed from JOYCITY Corporation. (JOYCITY). Users are granted rights to use the content provided by the Company under the limitations of the Company. Users may not transfer the rights or sell any content provided by the Company.
A. Company Materials.
Games provided by GameKiss are intended solely for playing purposes and for your personal use. You may print a single copy of any textual material available for downloading through the Service. Although the Company strives to provide content through its Service that is both useful and accurate, data and other information change frequently and are subject to varying interpretations. Accordingly, although the Company endeavors to use reasonable care in assembling such content, it may not be up-to-date, accurate or complete. In addition, portions of such content may have been contributed by various third parties and/or service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties or providers and the Company expressly disclaims any liability with respect to the foregoing. Descriptions or images of, or references to, products or services available on the Service do not imply the Company's endorsement of such products or services. If you believe that certain content is incomplete or inaccurate, please contact our customer service department using the E-mail of Inquiry located on the Site with, if possible, a description of the content to be checked and the location (URL) where such content may be found.
B. User Content.
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a GameKiss game client or the Service, or that other users upload or transmit, including without limitation any chat text.
You hereby grant the Company a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to GameKiss promotions and competition or any other content specifically solicited by GameKiss) ends when you delete your User Content or you close your Account unless your User content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
All Services in GameKiss are provided to users through the Internet. The Service contents may be modified during online and offline updates when making additions to the Service, releasing a new patch or making changes necessary for the Service with prior notice. Except in situations where the Company is unable to post or notify the users beforehand to resolve circumstances such as critical bugs, problems with service equipment, or emergency security matters, the Company will post the notice about the situation for such actions on the website during such actions.
The Company may take the full service down for updates and Service maintenance reasons with a 3 hour prior notice on the Website or immediately for emergency situations. Users that have paid for a subscription or have purchased content which is time-limited but not expired may not request any compensation for such contents when the service has stopped.
The Company shall post a notice of system or network maintenance or inspection, a modified agreement, an event, an operation, a Service update, and other activities through the website. Users must regularly read and familiarize themselves with the notices posted on the website. The Company shall not be liable for damages incurred by the user due to the user's failure to do so. The Company will post a special notice when definite and critical damage is expected to result from such modification.
The Company may limit or fully stop the service under any situations written below:
a) During wartime, natural calamity, national emergency situations or any situations outside reasonable control of the Company.
b) During stoppage of power supply, problems in various equipments, over congestion or any situations that may affect normal service operation.
c) Repair of service equipment or other situations where construction is necessary.
d) Various corporate circumstances where service is impossible Service data like Member characters, items, play information and other data can be modified for normal operation and management of the Service. Backup data can be used to restore information lost by unintended bugs and/or mistakes in the system. In such cases, the latest backup data will be restored and no compensation for damage will be given for loss of basic service. The Company may also reset Member experience points, character levels, or items during patches or maintenance to improve the Service and system stabilization.
The Company may terminate the service with prior notice under reasonable circumstances and no compensation for damage will be given for loss of basic service.
All of the use of Games, Services and Content of GameKiss is governed by a set of rules (the “Code of Conduct”) which must be adhered by all users and Members of GameKiss. These rules shall be maintained and enforced exclusively by the Company and the Company will take any actions necessary and appropriate to preserve the integrity of the Games, Services and Content. The Company further reserves the right to determine what conduct is outside the spirit of the Games, Services and Content and to take such disciplinary measures as it sees fit up to including restrictions, termination and deletion accounts. In addition, the Company reserves the right to modify the Code of Conduct at any time.
A. Rules related to Account and Password.
A GameKiss Account may be required to access and use most of GameKiss Services. If you have any questions about Account registration, please contact us via the e-mail address written in Section 20. To create a GameKiss Account, you must have an e-mail address. You must also be eligible to use the GameKiss Service for which you are registering. Some GameKiss Services may require creation of a “user name” or a “persona.” User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates this Agreement.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of this Agreement or is otherwise improper or illegal. You agree not to reveal your Account password to others. GameKiss will not ask you to reveal your password nor initiate contact with you asking for answers to your password security questions at any time.
B. Rules related to User Names.
All Members will be obligated to select a user name which can be seen by other users of GameKiss and you must abide by the rules of common decency when selecting such user name.
In particular, you may not use: a) Names of another person with the intent to impersonate that person;
b) Names related to GameKiss, the Company, its affiliates or Operations Team (e.g., game master, community manager, operator, etc.)
c) Names which incorporate words which are offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
d) Names subject to the rights of any other person without authorization;
e) Names of popular culture or media personalities;
f) Names that are trademarks, or registered trademarks (e.g., Ferrari, Pepsi, etc.);
g) Names of religious figures;
h) Names related to drugs, narcotics, or any criminal activity, including references to illegal substances (e.g., heroin, cocaine, etc.)
Additionally, you may not purposely use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a first and last name that , when combined, violate the above name restrictions. C. Rules related to “Chat” and Interaction with other Users.
Communicating with other users and GameKiss or Company representatives is an integral part of GameKiss and is referred to in this document as “Chat.” Your Chats may be subject to review, modification, and deletion without notice by the Company. The Company is under no obligation to monitor Chat and you engage in Chat at your own risk. When engaging in Chat in GameKiss, you may not:
a) Transmit or post sexually explicit images or other contents which in the sole discretion of the Company is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable content.
b) Carry out any action with a disruptive effect, such as cause the Chat screen to scroll faster than other users are able to type to it, including setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat.
c) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, individuals or entities, including, but not limited to, posting "Spam" or “advertising” messages on GameKiss ("Spam" messages as used in this document include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to GameKiss).
d) Communicate or post any user's personal information in or on the GameKiss, or websites or forums related to the Company.
e) Use bots or other automated techniques to collect information or communicate or post any user's personal information in or on the GameKiss, or websites or forums related to the Company.
f) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to another user of GameKiss or other person or entity.
g) Cheat during game play, including but not limited to modification of the game program files.
h) Impersonate any real person, including without limitation any Game Master, Operations Team Member or any other Company employee, nor may you communicate in the Game in any ways designed to make others believe that your message constitutes a server message or was otherwise posted by any Company agent or employee.
h) The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. The Company cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. The Company shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
THE COMPANY IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
i) You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or GameKiss games. The Company reserves the right, but has no obligation, to become involved in any way with these disputes.
D. Rules related to Game Play.
a) All connections to GameKiss, whether software products or by other tools and utilities created by the Company, may only be made through methods and means expressly approved by the Company. Under no circumstances may you connect, or create tools that allow you to connect, to GameKiss’s private binary interface or interfaces other than those explicitly provided by the Company for your use.
b) You may not use errors in design, features which have not been documented, and/or programming bugs to gain access that is otherwise not available, or to obtain a competitive advantage over other players.
c) You may not use any tools which hack or alter any Game client or server software provided by GameKiss, the Company or its affiliates.
d) You may not use software products which packet sniff or provide scripting and/or macroing to obtain information from GameKiss to gain a competitive advantage over other players.
e) You may not do anything that the Company considers contrary to the essence of GameKiss games.
E. Rules related to Hacking.
Hacking shall mean acquisition and use of other computerized information without permission. Hacking includes the following actions:
a) Creating a new function that can harm the system.
b) Illegally penetrating into the information system without permission.
Against hacking, the Company shall delete, restrain or suspend the account owned by such a hacker permanently and/or temporarily restore all data in existence before hacking.
The hacker and the user of the hacking program may be subject to civil or criminal liability in accordance with applicable statutes or regulations, and the Company shall not be liable.
You are responsible for maintaining the confidentiality of your User Name and Password, and for all uses of your User Name and Password, whether or not authorized by you. Also, note that the security of your account is your responsibility. The Company is not responsible in the event that your account is hacked, or if your account or computer is damaged by a virus, or for any other issues with your computer or your account which may occur in conjunction with your use of GameKiss.
The Company either owns, or has exclusively licensed, all of the content which appears in GameKiss, and only the Company has the right to sell the Company’s contents. Accordingly, the Company does not recognize any property claims outside of GameKiss or the purported sale in the real world of anything related to GameKiss. Accordingly, you may not sell account and items for real money or trade items for things of value outside the game.
THE GAMES AND SERVICES (INCLUDING THE WEBSITE, ACCOUNT, SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY, GAMEKISS OR ITS AFFILIATES DO NOT WARRANT THAT THE SERVICE OR THE GAME 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.
NEITHER THE COMPANY NOR ANY OF ITS PARENTS, SUBSIDIARIES, LICENSORS, AFFILIATES OR REPRESENTATIVES SHALL BE RESPONSIBLE OR LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND THAT RESULTS FROM THE INABILITY TO USE OR DURING THE USE OF OR MALFUNCTION OF THE SERVICE (INCLUDING BUT NOT LIMITED TO YOUR ACCOUNT, PLAYER CHARACTERS, STATISTICS, INVENTORIES AND USER PROFILE INFORMATION.)
The Company respects the intellectual property rights of others. You must have the legal right to upload Content to GameKiss services. You may not upload or post any Content on the Service that is protected by copyright, trademark or other intellectual property rights unless you are the owner of all of those rights or you have the prior written consent of the owner of those rights to make such use of that Content.
The Company may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of the Company's or a third party’s intellectual property rights, we may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and currency).
A. Digital Millennium Copyright Act Compliance.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's designated Copyright Agent to receive notifications of claimed infringement is: http://elitegsl.com/contact-us/
Please direct any complaints unrelated to the potential infringement of intellectual property rights to: http://elitegsl.com/contact-us/
Once proper bona fide infringement notification is received by the Copyright Agent, it is the Company’s policy: to remove or disable access to the infringing Content; to notify the Content provider, Member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the service.
The Company or its affiliates may provide a service for test purposes to all registered users before providing a new service as a premium service. During the service for test purposes, modification, addition, and deletion of contents and data (including game data) may be performed for the stability of service, and any points, game currency, characters, or related account items or properties that the user has obtained during the test period may be reset at the end of the test period.
While playing GameKiss games, you will have the opportunity to visit our online store and use virtual currency (hereinafter referred to as "GKash") to license a variety of virtual items ("Cash Items") that can be purchased at the in-game “Cash Item Shop” and used while playing various games. In order to obtain GKash, you may be required to provide the Company or another payment service designated by the Company with your payment mechanism information and other information related to your payment mechanism transaction, including but not limited to your billing and shipping address on record with the applicable credit card company and credit card authorization information. For each one (1) U.S. Dollar that you authorize us to charge to your account, you will be awarded one hundred (100) units of GKash; provided, however, that we reserve the right in our sole discretion at any time to change the amount of units you will be entitled to for each one (1) U.S. Dollar. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE THE COMPANY OR ANOTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR PAYMENT MECHANISM FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE CASH SHOP AND/OR THE DISCONTINUATION OF THE SERVICE. You may also be awarded Bonus (Event) GKash for use in the Cash Item Shop or through some of our promoted events. These Bonus (Event) GKash have no real world value but may be exchanged for designated Cash Items in the Online Store. Certain Cash Items may have an expiration date. Each Cash Item that you obtain using GKash or Bonus (Event) GKash will be stored in your Account until the earlier of that Cash Item's expiration date, your Account’s expiration or termination date, or such date when the Service ends. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR CASH ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS TO THE CASH ITEMS. You agree that all information that you provide to us or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges resulting from your use of the Service at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your payment mechanism cannot be processed or is returned to us unpaid. If such event occurs, you are obliged immediately to remit the payment for such charge through the use of another credit card or other payment mechanism. The Company shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. The Company reserves the right, without prior notification, to limit the order quantity on any Cash Item and/or to refuse to provide you with any Cash Item. Verification of certain information applicable to a transaction involving a Cash Item may be required prior to our acceptance thereof. Price and availability of the Cash Items are subject to change without prior notice. You agree that you cannot and have no right to sell or otherwise transfer any of the Cash Items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites or in return for anything of value (including real money) or otherwise. We shall not be responsible or liable for any problem of item transaction among users.
You are prohibited from offering any Account and Items for sale or trade. Such offer is a violation of this Agreement and may result in suspension of the Account.
The Company strives to provide quality free-to-play games via GameKiss. Users are not required to purchase in-game items to fully enjoy the service; however, users may charge GKash to their accounts using Payment Gateways to purchase Cash Items. The Company is not affiliated with any Payment Gateways. Before using a Payment Gateway service, the Company recommends that you review their Terms of Service carefully and be sure that you agree to their terms. When you submit Payment Gateway information to the Company, you identify to us that you are the authorized user of such a Payment Gateway account being used to acquire GKash.
A. Service Time & Maintenance.
The services are to be fully operated on a 24 hour daily basis with no holidays or breaks except for Technical or Management reasons of the corporation managing such services. Notices on the temporary service interruption for Technical or Management reasons will be posted ahead of time on the service website for user reference.
The Company may suddenly take down the services of games and websites without any advanced notification for immediate system maintenance or to change or extend system equipment. We may also stop all services under the circumstance that the quality of the service is below our accepted requirements until it exceeds those requirements.
The Company may partially restrict or limit the services to certain areas, personnel or take down the full service in the situation that regular service is impossible, such as but not limited to national security emergencies, stoppage of power supply, or problems with service equipment. We will post a notification on the service website ahead of or after the service resumes its normal services.
We may divide or limit the service and apply different service times to each area of limitation and will post notification of this action. B. Operations Team.
GameKiss shall manage an Operations Team, which will constitute the Game Masters, Web Masters, Technical Engineers, and others for the safety, stability, or maintenance of the Service. The role and authorities of the Operation Team shall be as follows:
a) Log onto the game and website for the purposes of testing or verifying the causes of problems that may exist and will not give privileges to a particular user.
b) Give necessary restrictions to those that misbehave and perform illegal activities. The Operations Team does not participate in Members' game play. The Operations Team may give out warnings, close games, ban accounts for a limited amount of time, or ask Members to perform specific actions, and if the Member does not carry out the actions, the Member may be restricted from certain aspects of the game. As for the cases that are not listed on our game policy, the Operations Team will make sound and fair judgment by consideration of the law, agreement, common sense, and other possible evidence.
c) May not give out personal information of Members to third parties except in the case of anonymized data for research organizations.
d) Cannot alter the Member’s personal information or any other general information unless it is a critical situation.
e) Will strive to provide the highest quality of service to support Members.
C. Advertising Content.
The Company or GameKiss may provide Advertising Content on its Services, both on the Website or In-Game and such Content may be provided as an image, movie, item or other method during Service. The Company or GameKiss may use log information that is needed to serve advertising to the appropriate geographic region and property location which the Advertisement may target. The log data may include Internet Protocol Address, User Name, In-game location, length of time an advertisement was visible, size of the advertisement, and angle of view.
In addition, you may be assigned an ID number, which is stored on your PC and used by advertising providers to calculate the number of unique and repeated views of the advertisement. The ID number is not associated with any personal data for you or any user and no log information shall be used to personally identify any user at any time.
D. Links to Third Party Sites And Dealings With Advertisers.
The Company may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. The Company makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of the Company and may collect data or solicit personal information from you. The Company is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of the Company or GameKiss of these linked sites.
E. Electronic Communications Privacy Act Notice (18USC 2701-2711).
THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. The Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Service, or otherwise connected with the Member’s use of the Services.
19. CONTACT US.
If you have any questions, complaints, comments regarding the terms and conditions of this agreement, please connect with our U.S. legal contact: http://freestyle2.gamekiss.com/support/faq
In case of claims or complaints regarding Copyright, Intellectual Property, or Trademarks of the service, please write to our U.S. copyright agent: http://freestyle2.gamekiss.com/support/faq