YNK INTERACTIVE, INC. TERMS OF SERVICE IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF SERVICE ALONG WITH ANY POLICIES INCORPORATED HEREIN BY REFERENCE ("TERMS OF SERVICE" OR "AGREEMENT"), ARE A LEGALLY BINDING AGREEMENT BETWEEN YNK INTERACTIVE, INC. ("YNK," "COMPANY" OR "WE") AND YOU AND SETS FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE WEBSITE, WWW.YNKINTERACTIVE.COM AND ALL OTHER WEB SITES OWNED, OPERATED, LICENSED OR CONTROLLED BY YNK ("YNK SITES") AND ALL SERVICES (AS DEFINED BELOW) PROVIDED TO YOU THROUGH THE YNK SITES. SOME OF THE YNK SITES AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MUST BE READ IN CONJUNCTION WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE YNK SITES AND SERVICES.
1. ACCEPTANCE OF TERMS
By opening, accessing, using, downloading or browsing YNK Sites including all Services and content available on or through YNK Sites, you consent to the Terms of Service herewith. Any violation of the Terms of Service may result in an immediate termination or suspension of your Services. However, your acceptance of these Terms of Service does not entitle you to continued use of, or access to, YNK Sites or Services and YNK reserves the right to deny, per its sole discretion, any user access to YNK Sites or Services with or without notice, with or without reason. YNK may modify the Terms of Service from time to time, per its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, YNK Sites or Services or any part or feature thereof, with or without notice. You agree to review these Terms of Service from time to time to ensure you are updated as to any modifications. By continuing to use YNK Sites and/or Services following any such modifications, you agree to abide by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF YNK SITES AND SERVICES.
2. ELIGIBILITY
In order to use YNK Sites and Services, you must be 13 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 13 years. If you are under the age of 13 or the applicable legal age in your jurisdiction, you can use YNK Sites and Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.
3. DESCRIPTION OF SERVICES
YNK Sites offer assorted games and related resources, including but not limited to downloadable content, interactive forums and product information (collectively "Services"). The Services, including any software, software updates, enhancements and/or new features are subject to these Terms of Service and any specific license agreements, rules, instructions or guidelines regarding a particular Service (as applicable, the "Service Agreement"). Shall conflict arise between these Terms of Service and the applicable Service Agreement for a particular Service, YNK shall resolve the conflict per its sole discretion. You understand that games and system specifications necessary to play the games or access any other Services may evolve over time. Accordingly, YNK reserves the right to modify system specifications as necessary to play games or access Services.
4. OWNERSHIP
You acknowledge and agree that YNK is the sole and exclusive owner of all rights, interest and title in and to YNK Sites, Services and the entire content including but not limited to , computer software (in any format), user accounts, games, concepts, titles, stories, dialogue, catch phrases, characters, character names, character profile information, artwork, animations, sounds and musical compositions, audio-visual works, any related documentation, recordings of games played on the server software. YNK Sites and Services are protected by applicable intellectual property and other laws and international treaties. YNK may possess partial or complete ownership of patents, patent applications, trademarks, copyrights, or other intellectual property rights covering YNK Sites, Services and content comprising YNK Sites. Except as expressly provided in these Terms of Service or the applicable Service Agreement, the availability of YNK Sites and Services does not afford license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved by YNK.
5. ACCOUNTS
5.1 Your Account
You are not required to register in order to access YNK Sites. However, for specific Services, you must register and create a unique, password-protected account ("Account"). To establish your Account, you will be required to provide YNK with personal information. To the extent you are liable to pay subscription fees for Services, your Account information may also include financial information. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration process; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. YNK reserves the right to delete your Account, without warning, if YNK discovers you have misrepresented, intentionally or unintentionally, your age or any registration information submitted. You are responsible for maintaining the confidentiality of your password and login information. You must notify YNK immediately of unauthorized use of your password or account, or any other breach of security. You will be held solely liable to YNK for any and all actions performed under your Account and password, performed with or without your authorization.
5.2 Names
5.2(a) Account Name
You must choose an account name (Account ID) to identify yourself to YNK staff on the Account. You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of YNK or its affiliated companies, or which YNK deems in its sole discretion to be vulgar or otherwise offensive. YNK reserves the right, in its sole discretion, to (1) delete or alter any Account ID; (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right; or (3) delete any content published on any forums without notice. You are solely liable for all activities conducted through your Account or under your Account ID.
5.2(b) Character Name
In order to use the Services, you must create a character and choose a name (Character Name) for your character to identify your character to other users and a guild name, if applicable. You may not select as your character or guild name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of YNK, or which YNK deems at its sole discretion to be vulgar or otherwise offensive. YNK reserves the right, in its sole discretion, to (1) delete or alter any Character Name or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
5.3 (a)Account Password
At the time your Account is opened, you must select a Password. You are responsible for maintaining the confidentiality of your Password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. YNK will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
5.3 (b)Shop Password
At the time of your account's first purchase attempt, you will be asked to setup a Shop Password for your account. This Shop Password must be unique from your Account login password. To enhance the security of your online transactions, your Shop Password will be used for all transactions made in the Exchange Market and Item Mall and should not be shared with another person for billing security concerns. You are responsible for maintaining the confidentiality and security of your Shop Password as well as any harm resulting from the disclosure or allowing the disclosure of your Shop Password to another person. At no time should you respond to an online request for a password. YNK will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. In the event that your Shop Password is lost or forgotten, this can be reset through the "My Account" section of www.playrohan.com after verifying your account's Secret Question.
5.4 Account Termination
YNK, in its sole discretion, may terminate any Account at any time with or without notice. Should an Account be terminated, no refund will be provided to the Account holder or third parties for the remaining balance.
6. BILLING
6.1 R.O.H.A.N.: Blood Feud
6.1(a) Charging Rohan Points (RPs) to Your Account
The in-game cash currency is Crones. The payment method of R.O.H.A.N.: Blood Feud is prepaid, meaning upon charging additional cash, you can purchase additional items and services in the form of Item Mall or Exchange Market transactions not exceeding your available balance. USD to RP exchange rate is 1:100. Available Cash types are Purchased Cash, Bonus/Admin/Mileage Cash, and E-Cash. Purchased Cash is the amount actually charged via the payment method of your choice. Bonus/Admin/Mileage Cash (free cash) are points awarded by administrators as bonuses and coupons. E-cash are points obtained by selling products in the Exchange Market. Available cash-charge Payment Gateways (PGs) are PayPal, Pay by Cash, Click and Buy, Cherry Card, UtimateGameCard, RPG Shops Cards, Incomm Cards, BilltoMobile, Playspan, Mol, @cash, Pintree e-pins and other channeling partners.
Users are to charge their RPs into their personal accounts having registered as members by agreeing to the User Agreement. YNK will not be held responsible and/or carry out rectification should we deem that the RPs are charged misappropriated or by errors resulting from Users misapplication during charging process or practices.
6.1(b) Charge Restrictions
We may, at our discretion, impose daily and monthly spending limits on your account. Restrictions are placed according to the customer's credit standing only with PayPal and Click and Buy to curb the perpetration of fraud. Other PGs are not subject to daily, monthly purchase limits or credit-rating filtering. When you feel your imposed limit on RPs is less than what you wish to spend, you may request a spending limit increase by contacting billing@ynkinteractive.com.
Cash can be purchased in multiples of $10, $15, $25, $50, $100. Cash purchases are nontaxable (intangible sales).
6.1(c) Making Purchases Using RPs
Payment in the form of RPs will be applied to user's account and deducted from user's prepaid payment method, bank, mobile payment, or credit card accounts when the transaction is successful.
When you make a payment, RPs will be deducted from your registered Account directly. If there are insufficient credits in your Account, the transaction will be denied.
The sequence of consumption of charged cash is first RPs then Bonus RPs. While RPs can be used to make purchases in the Item Mall and Exchange Market, Bonus RPs (Bonus Cash earned from promotions) can only be used to make purchases in the Item Mall.
6.1(d) Special Services
Special Services comprise character name-change service, gender-change service, and Game Parlor. All services are available for purchase in as much as purchases do not exceed your remaining RP balance. Cash purchases are nontaxable (intangible sales). Game Parlor winnings are ineligible for cash conversion.
6.1(e) Exchange Market
YNK's Exchange Market is intended to serve as a medium for users of YNK Sites to buy and sell items (in-game virtual goods), crones and characters. YNK does not regulate in any means user-generated descriptions and representations regarding the quality, validity and legality of the items listed for sale, or the validity of site visitors' expressed ability to engage in transactions in the Exchange Market. YNK shall not be responsible for ensuring that sellers will complete the sale of items they offer or that buyers will complete the purchases of those items. In addition, YNK expressly disclaims any responsibility for resolving disputes arising between users of the Exchange Market.
Intra-exchange service transactions can be made with items not sold in the Item Mall. All transactions performed in Exchange Market service are performed with RPs (Charged RPs or E-cash). Price of products sold by sellers in a transaction is accrued as E-cash.
No returns of purchased items (cash refunds) will be accepted under any circumstances in the Exchange Market. It is the sole responsibility of the users of the Exchange Market to ensure that purchase and sale transactions adhere to all applicable laws and regulations. YNK may terminate the use of Exchange Market by any user immediately and without notice if such use fails to comply with YNK's Terms of Service at any time.
For the complete Exchange Market Policy, go to "http://www.ynkinteractive.com/support/index.php?_m=knowledgebase&_a=viewarticle&kbarticleid=60&nav=0,10"
6.1(f) Account Balances
You are not required to maintain a minimum balance in your RPs. Balance remaining in your account will expire in 365 days following the last transaction performed.
6.1(g) Transaction Cancellations and Refunds
YNK offers no cancellations or refunds at any time. There are no exceptions.
For the complete R.O.H.A.N.: Blood Feud Billing Policy, go to http://www.ynkinteractive.com/support/index.php?_m=knowledgebase&_a=viewarticle&kbarticleid=64&nav=0,10
6.2 DontBlynk.com
Game portal www.DontBlynk.com's Billing Policy is included in the DontBlynk Terms of Service.
7. SOFTWARE LICENSE
For any software authorized for download or online use in connection with a Service through YNK Sites, YNK hereby grants to you a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for non-commercial and personal use. Such use shall adhere to these Terms of Service without qualification and Service Agreements and for no other purpose. All Software is owned by YNK and/or its licensors. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER, LOCATION OR OTHER THIRD PARTY FOR FURTHER REPRODUCTION OR REDISTRIBUTION IN ANY FORM IS EXPRESSLY PROHIBITED. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software. YNK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
8. YOUR CONTENT
Your Content refers to any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials that you upload, post, publish, display or make available on or through YNK Sites. YNK License. You hereby grant YNK a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license, with a right to sub-license, to use, reproduce, store, host, index, cache, distribute, publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, your Content or any part thereof. You hereby expressly waive any and all so-called moral rights you may have to Your Content. As part of the Services, YNK may provide bulletin boards, blogs, instant messaging, wikis and the like for posting user feedback, comments or other input on the YNK Sites. You understand and acknowledge that YNK may display your feedback on YNK Sites and use it for any marketing and business activities. In addition, YNK may in its sole discretion decide not to use your feedback, delete it from YNK Sites, and even edit your feedback for both content and format. You hereby expressly waive any and all so-called moral rights you may have in your feedback.
8.1 Obscene Content
You will not use YNK Sites to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts ("Obscene Content") nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the YNK Sites any Obscene Content. If YNK finds any content that it determines, per its sole discretion, contains Obscene Content, YNK may, with or without notice, remove or block access to such content and terminate your Account.
8.2 Content Infringement
You agree that you may upload or otherwise transmit on or through YNK Sites only Content that is not subject to any third-party rights, or Content in which any holder of rights has given express authorization for distribution on the YNK Sites. You will not use YNK Sites for any purpose or in any manner that infringes the intellectual property rights of any third party. You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the YNK Sites any content that infringes the intellectual property rights of any third party. If YNK discovers content that it determines, in its sole discretion, contains infringing content, YNK may, with or without notice, remove or block access to such content and terminate your Account.
8.3 Monitoring Content
YNK does not endorse or approve any third-party content published on YNK Sites and neither assumes any responsibility nor liability for such content. YNK has the right, but not the obligation, to edit, refuse to post, or remove any content posted in any YNK Site. Without limiting the foregoing, YNK shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. YNK representatives may monitor content on YNK Sites or Services from time to time. However, it is impossible to monitor or prescreen all third-party content on YNK Sites. If you encounter any content that you deem violates these Terms of Services, you can report such content to YNK Customer Services.
9. RESTRICTIONS AND CONDITIONS OF USE
Your access and use of YNK Sites and Services is expressly contingent upon your agreeing not to (and not allowing any third party to) use YNK Sites and Services for any purpose that is not allowed (or expressly prohibited) by these Terms of Service or any Service Agreements or otherwise unlawful including, without limitation, not to:
(1) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets, information, software, products or services obtained from YNK Sites or Services;
(2) use your account(s) to use YNK Services primarily for the purposes of amassing an inventory of virtual items for real-world commercial gain;
(3) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify YNK Games or use any third-party software that intercepts, "mines", or otherwise collects information from or through the YNK Services;
(4) use YNK Sites and/or Services in any manner that could damage, disable, overburden, or impair any YNK server, or the network(s) connected to any YNK server, or interfere with any third party's access to YNK Sites and Services;
(5) attempt to gain unauthorized access to any part of YNK Sites, Services, third party accounts, computer systems or networks connected to any YNK server or obtain or attempt to obtain any materials or information through any means not intentionally made available;
(6) conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise);
(7) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of third parties;
(8) publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing; embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
(9) use, upload, transmit, distribute or otherwise make available any content in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(10) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer;
(11) advertise or offer to sell or buy any goods or services for any purpose, unless the YNK Sites and/or Services specifically allow such messages;
(12) falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of YNK Sites, Services and other content.
(13) harvest or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails;
(14) violate any applicable laws or regulations, or promote or encourage any illicit activity including but not limited to hacking, cracking or distribution of counterfeit software, or cheats or hacks for the YNK Sites and Services;
(15) impersonate or create a false identity for the purpose of misleading others;
(16) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of YNK Sites and Services or other user or usage information or any portion thereof;
(17) attempt to obtain a password, other account information, or other private information from a member or any other user of YNK Sites and Services;
(18) disrupt the normal flow of dialogue in communication forums on YNK Sites or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services;
(21) use YNK Sites and Services for fraudulent transactions or other commercial transactions not expressly permitted by these Terms of Service.
10. WARRANTY DISCLAIMER
Your use of YNK Sites and Services is at your sole discretion and risk. YNK Sites and Services and all content, materials and information included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. YNK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. USE OF THE YNK SITES AND/ OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. YNK ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE YNK SITES. YNK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE YNK SITES OR SERVICES; (II) REGARDING THE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTY ON OR THROUGH THE YNK SITES; (III) THAT THE YNK SITES AND SERVICES WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE YNK SITES AND SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YNK SITES AND SERVICES OR FROM YOUR USE OF THE YNK SITES AND SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE OR SERVICE AGREEMENTS.
11. LIMITATION OF LIABILITY
YNK WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE YNK SITES AND/ OR THE SERVICES, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE YNK SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT YNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YNK'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YNK FOR THE APPLICABLE SERVICE DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties.
12. PRIVACY POLICY YNK's Privacy Policy located at http://www.playrohan.com/privacypolicy.html, http://www.dontblynk.com/support/tos.html controls YNK's collection and use of your information, including your personally identifiable information which is incorporated herein by reference.
13. THIRD PARTY CONTENT
YNK Sites may provide links to third-party websites or resources and contain third-party advertisements. YNK has no control over such websites and resources and you acknowledge and agree that YNK is not responsible for the availability of such websites or resources. YNK does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that YNK shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or inability to use (i) any websites or resources that YNK Sites provide links to or that provide links to the YNK Sites, or (ii) any content, goods, or services available on or through any such websites or resources. YNK assumes no responsibility for third party advertisements which may be posted on the YNK Sites nor does it assume any responsibility for the goods or services provided by such advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the YNK Sites and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
14. TERMINATION
You agree that YNK, in its sole discretion, may terminate your use of the YNK Sites and Services, for any reason, including, without limitation, if YNK believes that you have violated or acted inconsistently with these Terms of Service or any Service Agreement. You agree that any termination of your access to YNK Sites and Services may be affected without prior notice, and acknowledge and agree that YNK may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the YNK Sites and Services. YNK shall not be liable to you or any third party for any termination of your access to YNK Sites or Services. Termination or suspension of your Account(s) for any reason may, per YNK's sole discretion, result in forfeiture of all acquired characters and items, whether purchased through the site itself or earned in a game. Confiscated items will not be retrievable and any outstanding balance of points obtained through the site will not be refundable.
15. MISCELLANEOUS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Dispute Resolution. Any dispute arising in connection with these Terms of Service shall be finally settled by arbitration. The arbitration shall be held in Orange County, California, U.S.A., and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Orange County, California. The arbitration shall be conducted in the English language, and judgment upon the award rendered may be entered in any court having jurisdiction. Each party shall bear its own expenses, but the arbitrator's fees and costs shall be borne equally between the parties participating in the arbitration. Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of YNK. Any attempted assignment in violation of this Section will be null and void and of no force or effect. YNK may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Waiver. The failure to require performance of any provision of these Terms of Services shall not affect YNK's right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Severability. If any part of these Terms of Service is found to be unenforceable, such part will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Service will remain in full force and effect.
R.O.H.A.N.: Blood Feud has no affiliation, connection or association with and are not endorsed or sponsored by The Saul Zaentz Company, New Line Cinema Corporation, Turbine, Inc, the estate of heirs of J.R.R. Tolkien, Harper Collins Publishers Ltd, or any of their respective affiliates or licensees.
Last Updated: May 26, 2011
1. ACCEPTANCE OF TERMS
By opening, accessing, using, downloading or browsing YNK Sites including all Services and content available on or through YNK Sites, you consent to the Terms of Service herewith. Any violation of the Terms of Service may result in an immediate termination or suspension of your Services. However, your acceptance of these Terms of Service does not entitle you to continued use of, or access to, YNK Sites or Services and YNK reserves the right to deny, per its sole discretion, any user access to YNK Sites or Services with or without notice, with or without reason. YNK may modify the Terms of Service from time to time, per its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, YNK Sites or Services or any part or feature thereof, with or without notice. You agree to review these Terms of Service from time to time to ensure you are updated as to any modifications. By continuing to use YNK Sites and/or Services following any such modifications, you agree to abide by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF YNK SITES AND SERVICES.
2. ELIGIBILITY
In order to use YNK Sites and Services, you must be 13 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 13 years. If you are under the age of 13 or the applicable legal age in your jurisdiction, you can use YNK Sites and Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.
3. DESCRIPTION OF SERVICES
YNK Sites offer assorted games and related resources, including but not limited to downloadable content, interactive forums and product information (collectively "Services"). The Services, including any software, software updates, enhancements and/or new features are subject to these Terms of Service and any specific license agreements, rules, instructions or guidelines regarding a particular Service (as applicable, the "Service Agreement"). Shall conflict arise between these Terms of Service and the applicable Service Agreement for a particular Service, YNK shall resolve the conflict per its sole discretion. You understand that games and system specifications necessary to play the games or access any other Services may evolve over time. Accordingly, YNK reserves the right to modify system specifications as necessary to play games or access Services.
4. OWNERSHIP
You acknowledge and agree that YNK is the sole and exclusive owner of all rights, interest and title in and to YNK Sites, Services and the entire content including but not limited to , computer software (in any format), user accounts, games, concepts, titles, stories, dialogue, catch phrases, characters, character names, character profile information, artwork, animations, sounds and musical compositions, audio-visual works, any related documentation, recordings of games played on the server software. YNK Sites and Services are protected by applicable intellectual property and other laws and international treaties. YNK may possess partial or complete ownership of patents, patent applications, trademarks, copyrights, or other intellectual property rights covering YNK Sites, Services and content comprising YNK Sites. Except as expressly provided in these Terms of Service or the applicable Service Agreement, the availability of YNK Sites and Services does not afford license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved by YNK.
5. ACCOUNTS
5.1 Your Account
You are not required to register in order to access YNK Sites. However, for specific Services, you must register and create a unique, password-protected account ("Account"). To establish your Account, you will be required to provide YNK with personal information. To the extent you are liable to pay subscription fees for Services, your Account information may also include financial information. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration process; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. YNK reserves the right to delete your Account, without warning, if YNK discovers you have misrepresented, intentionally or unintentionally, your age or any registration information submitted. You are responsible for maintaining the confidentiality of your password and login information. You must notify YNK immediately of unauthorized use of your password or account, or any other breach of security. You will be held solely liable to YNK for any and all actions performed under your Account and password, performed with or without your authorization.
5.2 Names
5.2(a) Account Name
You must choose an account name (Account ID) to identify yourself to YNK staff on the Account. You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of YNK or its affiliated companies, or which YNK deems in its sole discretion to be vulgar or otherwise offensive. YNK reserves the right, in its sole discretion, to (1) delete or alter any Account ID; (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right; or (3) delete any content published on any forums without notice. You are solely liable for all activities conducted through your Account or under your Account ID.
5.2(b) Character Name
In order to use the Services, you must create a character and choose a name (Character Name) for your character to identify your character to other users and a guild name, if applicable. You may not select as your character or guild name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of YNK, or which YNK deems at its sole discretion to be vulgar or otherwise offensive. YNK reserves the right, in its sole discretion, to (1) delete or alter any Character Name or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
5.3 (a)Account Password
At the time your Account is opened, you must select a Password. You are responsible for maintaining the confidentiality of your Password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. YNK will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
5.3 (b)Shop Password
At the time of your account's first purchase attempt, you will be asked to setup a Shop Password for your account. This Shop Password must be unique from your Account login password. To enhance the security of your online transactions, your Shop Password will be used for all transactions made in the Exchange Market and Item Mall and should not be shared with another person for billing security concerns. You are responsible for maintaining the confidentiality and security of your Shop Password as well as any harm resulting from the disclosure or allowing the disclosure of your Shop Password to another person. At no time should you respond to an online request for a password. YNK will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. In the event that your Shop Password is lost or forgotten, this can be reset through the "My Account" section of www.playrohan.com after verifying your account's Secret Question.
5.4 Account Termination
YNK, in its sole discretion, may terminate any Account at any time with or without notice. Should an Account be terminated, no refund will be provided to the Account holder or third parties for the remaining balance.
6. BILLING
6.1 R.O.H.A.N.: Blood Feud
6.1(a) Charging Rohan Points (RPs) to Your Account
The in-game cash currency is Crones. The payment method of R.O.H.A.N.: Blood Feud is prepaid, meaning upon charging additional cash, you can purchase additional items and services in the form of Item Mall or Exchange Market transactions not exceeding your available balance. USD to RP exchange rate is 1:100. Available Cash types are Purchased Cash, Bonus/Admin/Mileage Cash, and E-Cash. Purchased Cash is the amount actually charged via the payment method of your choice. Bonus/Admin/Mileage Cash (free cash) are points awarded by administrators as bonuses and coupons. E-cash are points obtained by selling products in the Exchange Market. Available cash-charge Payment Gateways (PGs) are PayPal, Pay by Cash, Click and Buy, Cherry Card, UtimateGameCard, RPG Shops Cards, Incomm Cards, BilltoMobile, Playspan, Mol, @cash, Pintree e-pins and other channeling partners.
Users are to charge their RPs into their personal accounts having registered as members by agreeing to the User Agreement. YNK will not be held responsible and/or carry out rectification should we deem that the RPs are charged misappropriated or by errors resulting from Users misapplication during charging process or practices.
6.1(b) Charge Restrictions
We may, at our discretion, impose daily and monthly spending limits on your account. Restrictions are placed according to the customer's credit standing only with PayPal and Click and Buy to curb the perpetration of fraud. Other PGs are not subject to daily, monthly purchase limits or credit-rating filtering. When you feel your imposed limit on RPs is less than what you wish to spend, you may request a spending limit increase by contacting billing@ynkinteractive.com.
Cash can be purchased in multiples of $10, $15, $25, $50, $100. Cash purchases are nontaxable (intangible sales).
6.1(c) Making Purchases Using RPs
Payment in the form of RPs will be applied to user's account and deducted from user's prepaid payment method, bank, mobile payment, or credit card accounts when the transaction is successful.
When you make a payment, RPs will be deducted from your registered Account directly. If there are insufficient credits in your Account, the transaction will be denied.
The sequence of consumption of charged cash is first RPs then Bonus RPs. While RPs can be used to make purchases in the Item Mall and Exchange Market, Bonus RPs (Bonus Cash earned from promotions) can only be used to make purchases in the Item Mall.
6.1(d) Special Services
Special Services comprise character name-change service, gender-change service, and Game Parlor. All services are available for purchase in as much as purchases do not exceed your remaining RP balance. Cash purchases are nontaxable (intangible sales). Game Parlor winnings are ineligible for cash conversion.
6.1(e) Exchange Market
YNK's Exchange Market is intended to serve as a medium for users of YNK Sites to buy and sell items (in-game virtual goods), crones and characters. YNK does not regulate in any means user-generated descriptions and representations regarding the quality, validity and legality of the items listed for sale, or the validity of site visitors' expressed ability to engage in transactions in the Exchange Market. YNK shall not be responsible for ensuring that sellers will complete the sale of items they offer or that buyers will complete the purchases of those items. In addition, YNK expressly disclaims any responsibility for resolving disputes arising between users of the Exchange Market.
Intra-exchange service transactions can be made with items not sold in the Item Mall. All transactions performed in Exchange Market service are performed with RPs (Charged RPs or E-cash). Price of products sold by sellers in a transaction is accrued as E-cash.
No returns of purchased items (cash refunds) will be accepted under any circumstances in the Exchange Market. It is the sole responsibility of the users of the Exchange Market to ensure that purchase and sale transactions adhere to all applicable laws and regulations. YNK may terminate the use of Exchange Market by any user immediately and without notice if such use fails to comply with YNK's Terms of Service at any time.
For the complete Exchange Market Policy, go to "http://www.ynkinteractive.com/support/index.php?_m=knowledgebase&_a=viewarticle&kbarticleid=60&nav=0,10"
6.1(f) Account Balances
You are not required to maintain a minimum balance in your RPs. Balance remaining in your account will expire in 365 days following the last transaction performed.
6.1(g) Transaction Cancellations and Refunds
YNK offers no cancellations or refunds at any time. There are no exceptions.
For the complete R.O.H.A.N.: Blood Feud Billing Policy, go to http://www.ynkinteractive.com/support/index.php?_m=knowledgebase&_a=viewarticle&kbarticleid=64&nav=0,10
6.2 DontBlynk.com
Game portal www.DontBlynk.com's Billing Policy is included in the DontBlynk Terms of Service.
7. SOFTWARE LICENSE
For any software authorized for download or online use in connection with a Service through YNK Sites, YNK hereby grants to you a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for non-commercial and personal use. Such use shall adhere to these Terms of Service without qualification and Service Agreements and for no other purpose. All Software is owned by YNK and/or its licensors. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER, LOCATION OR OTHER THIRD PARTY FOR FURTHER REPRODUCTION OR REDISTRIBUTION IN ANY FORM IS EXPRESSLY PROHIBITED. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software. YNK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
8. YOUR CONTENT
Your Content refers to any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials that you upload, post, publish, display or make available on or through YNK Sites. YNK License. You hereby grant YNK a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license, with a right to sub-license, to use, reproduce, store, host, index, cache, distribute, publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, your Content or any part thereof. You hereby expressly waive any and all so-called moral rights you may have to Your Content. As part of the Services, YNK may provide bulletin boards, blogs, instant messaging, wikis and the like for posting user feedback, comments or other input on the YNK Sites. You understand and acknowledge that YNK may display your feedback on YNK Sites and use it for any marketing and business activities. In addition, YNK may in its sole discretion decide not to use your feedback, delete it from YNK Sites, and even edit your feedback for both content and format. You hereby expressly waive any and all so-called moral rights you may have in your feedback.
8.1 Obscene Content
You will not use YNK Sites to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts ("Obscene Content") nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the YNK Sites any Obscene Content. If YNK finds any content that it determines, per its sole discretion, contains Obscene Content, YNK may, with or without notice, remove or block access to such content and terminate your Account.
8.2 Content Infringement
You agree that you may upload or otherwise transmit on or through YNK Sites only Content that is not subject to any third-party rights, or Content in which any holder of rights has given express authorization for distribution on the YNK Sites. You will not use YNK Sites for any purpose or in any manner that infringes the intellectual property rights of any third party. You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the YNK Sites any content that infringes the intellectual property rights of any third party. If YNK discovers content that it determines, in its sole discretion, contains infringing content, YNK may, with or without notice, remove or block access to such content and terminate your Account.
8.3 Monitoring Content
YNK does not endorse or approve any third-party content published on YNK Sites and neither assumes any responsibility nor liability for such content. YNK has the right, but not the obligation, to edit, refuse to post, or remove any content posted in any YNK Site. Without limiting the foregoing, YNK shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. YNK representatives may monitor content on YNK Sites or Services from time to time. However, it is impossible to monitor or prescreen all third-party content on YNK Sites. If you encounter any content that you deem violates these Terms of Services, you can report such content to YNK Customer Services.
9. RESTRICTIONS AND CONDITIONS OF USE
Your access and use of YNK Sites and Services is expressly contingent upon your agreeing not to (and not allowing any third party to) use YNK Sites and Services for any purpose that is not allowed (or expressly prohibited) by these Terms of Service or any Service Agreements or otherwise unlawful including, without limitation, not to:
(1) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets, information, software, products or services obtained from YNK Sites or Services;
(2) use your account(s) to use YNK Services primarily for the purposes of amassing an inventory of virtual items for real-world commercial gain;
(3) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify YNK Games or use any third-party software that intercepts, "mines", or otherwise collects information from or through the YNK Services;
(4) use YNK Sites and/or Services in any manner that could damage, disable, overburden, or impair any YNK server, or the network(s) connected to any YNK server, or interfere with any third party's access to YNK Sites and Services;
(5) attempt to gain unauthorized access to any part of YNK Sites, Services, third party accounts, computer systems or networks connected to any YNK server or obtain or attempt to obtain any materials or information through any means not intentionally made available;
(6) conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise);
(7) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of third parties;
(8) publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing; embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
(9) use, upload, transmit, distribute or otherwise make available any content in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(10) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer;
(11) advertise or offer to sell or buy any goods or services for any purpose, unless the YNK Sites and/or Services specifically allow such messages;
(12) falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of YNK Sites, Services and other content.
(13) harvest or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails;
(14) violate any applicable laws or regulations, or promote or encourage any illicit activity including but not limited to hacking, cracking or distribution of counterfeit software, or cheats or hacks for the YNK Sites and Services;
(15) impersonate or create a false identity for the purpose of misleading others;
(16) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of YNK Sites and Services or other user or usage information or any portion thereof;
(17) attempt to obtain a password, other account information, or other private information from a member or any other user of YNK Sites and Services;
(18) disrupt the normal flow of dialogue in communication forums on YNK Sites or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services;
(21) use YNK Sites and Services for fraudulent transactions or other commercial transactions not expressly permitted by these Terms of Service.
10. WARRANTY DISCLAIMER
Your use of YNK Sites and Services is at your sole discretion and risk. YNK Sites and Services and all content, materials and information included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. YNK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. USE OF THE YNK SITES AND/ OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. YNK ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE YNK SITES. YNK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE YNK SITES OR SERVICES; (II) REGARDING THE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTY ON OR THROUGH THE YNK SITES; (III) THAT THE YNK SITES AND SERVICES WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE YNK SITES AND SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YNK SITES AND SERVICES OR FROM YOUR USE OF THE YNK SITES AND SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE OR SERVICE AGREEMENTS.
11. LIMITATION OF LIABILITY
YNK WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE YNK SITES AND/ OR THE SERVICES, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE YNK SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT YNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YNK'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YNK FOR THE APPLICABLE SERVICE DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties.
12. PRIVACY POLICY YNK's Privacy Policy located at http://www.playrohan.com/privacypolicy.html, http://www.dontblynk.com/support/tos.html controls YNK's collection and use of your information, including your personally identifiable information which is incorporated herein by reference.
13. THIRD PARTY CONTENT
YNK Sites may provide links to third-party websites or resources and contain third-party advertisements. YNK has no control over such websites and resources and you acknowledge and agree that YNK is not responsible for the availability of such websites or resources. YNK does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that YNK shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or inability to use (i) any websites or resources that YNK Sites provide links to or that provide links to the YNK Sites, or (ii) any content, goods, or services available on or through any such websites or resources. YNK assumes no responsibility for third party advertisements which may be posted on the YNK Sites nor does it assume any responsibility for the goods or services provided by such advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the YNK Sites and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
14. TERMINATION
You agree that YNK, in its sole discretion, may terminate your use of the YNK Sites and Services, for any reason, including, without limitation, if YNK believes that you have violated or acted inconsistently with these Terms of Service or any Service Agreement. You agree that any termination of your access to YNK Sites and Services may be affected without prior notice, and acknowledge and agree that YNK may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the YNK Sites and Services. YNK shall not be liable to you or any third party for any termination of your access to YNK Sites or Services. Termination or suspension of your Account(s) for any reason may, per YNK's sole discretion, result in forfeiture of all acquired characters and items, whether purchased through the site itself or earned in a game. Confiscated items will not be retrievable and any outstanding balance of points obtained through the site will not be refundable.
15. MISCELLANEOUS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Dispute Resolution. Any dispute arising in connection with these Terms of Service shall be finally settled by arbitration. The arbitration shall be held in Orange County, California, U.S.A., and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Orange County, California. The arbitration shall be conducted in the English language, and judgment upon the award rendered may be entered in any court having jurisdiction. Each party shall bear its own expenses, but the arbitrator's fees and costs shall be borne equally between the parties participating in the arbitration. Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of YNK. Any attempted assignment in violation of this Section will be null and void and of no force or effect. YNK may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Waiver. The failure to require performance of any provision of these Terms of Services shall not affect YNK's right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Severability. If any part of these Terms of Service is found to be unenforceable, such part will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Service will remain in full force and effect.
R.O.H.A.N.: Blood Feud has no affiliation, connection or association with and are not endorsed or sponsored by The Saul Zaentz Company, New Line Cinema Corporation, Turbine, Inc, the estate of heirs of J.R.R. Tolkien, Harper Collins Publishers Ltd, or any of their respective affiliates or licensees.
Last Updated: May 26, 2011
