End User License Agreement

Last updated: May 4, 2017.

By using Play.Town ("Play Town") and/or New Alpha Media's Games you agree to be bound to this legal contract. If you do not agree with all of the terms of this agreement, you may not use the service.

Thank you for your interest in New Alpha Media's Play.Town service (the "Service") and New Alpha Media's games (each a "Game"). This End User License Agreement (the "Agreement") sets forth the terms and conditions under which you are licensed to install and use New Alpha Media's Games and New Alpha Media's Play.Town service, each Game having optional, or required, use of the Service. When not using the Service, this Agreement still applies to New Alpha Media's Games.

1. The Service

A. The Play.Town Account

Use of the Service requires a registered account (an "Account") to have been established. The creation and use of Accounts are subject to the following terms and conditions:

i. Subject to the laws of your country of residence, minor children may only utilize an Account which has been established by their parent or legal guardian with the approval of their parent or legal guardian. Within your capacity as a parent or legal guardian, when allowing your minor child to use an Account on the Service, you hereby agree to this Agreement on behalf of both yourself and your minor child. In doing so, you also represent and warrant that you will be responsible for any and all use of the Account by your minor child, whether or not such uses were authorized by you.

ii. You may only establish, use or access an Account on the Service if you (a) are a "natural person"; (b) are 16 years or older; (c) are not a Corporation, Limited Liability Company, Partnership and any other legal or business entity. By accepting this Agreement, you hereby represent and warrant that you meet these Account Eligibility requirements. We reserve the right to, at any time, take steps and/or measures to suspend, terminate or otherwise "delete" any Account found to be in breach of these Account Eligibility requirements.

iii. A limit of two (2) Accounts per person may be registered and established on the Service. An account terminated (for any reason) remains counted towards this limit.

iv. Use of the Service is also governed by New Alpha Media's Privacy Policy. Before creating an account (an "Account") or accessing the Service you must read, understand and agree to the Privacy Policy located at https://www.newalphamedia.com/privacy/.

v. During the Account creation process, you may be required to submit and select a username and/or password (collectively referred to hereunder as "Login Information"). Your Login Information must not be shared with any third-party (except for a minor as stipulated above in Section 1(i)). You are responsible for the keeping your Login Information confidential, and in the event of an unauthorized or authorized third-party accessing your Account with your Login Information, you will be responsible for all use and any damages resulting from the use of the Login Information, including but not limited to purchases made.

vi. During the Account creation process, you may be required to provide personal information. You agree to the requirements of providing certain personal information, such as, but not limited to your name, address and e-mail address, or any other personal information required during the Account creation process.

B. Grant of License

If you accept this Agreement and comply with its terms and conditions, New Alpha Media grants you a revocable, non-exclusive, non-transferable, limited license to use the Service and Games, subject to the "License Limitations" set forth below in Section 1(C) and the "Restrictions and Conditions of Use" set forth below in Section 1(D), as follows:

i. You may install the Games on any computer under your legitimate control to access and use the Service.

ii. You may use the Service and Games solely for your personal, non-commercial purposes strictly in accordance with this Agreement.

iii. You may not transfer, sell, trade or "gift" the Games unless granted express written permission from New Alpha Media.

iv. You may not transfer your rights or your obligations, in regards to using the Service or Games.

C. License Limitations

Any use of the Service or any Game in violation of the following License Limitations will be regarded as an infringement of New Alpha Media’s copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:

i. use the Service, a Game or any part thereof for any "e-sports" or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without New Alpha Media’s prior written consent;

ii. use cheats, create cheats, use automation software (bots), mods, hacks, or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;

iii. exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use at a computer gaming center, cyber cafe or any other commercial establishment without the express written consent of New Alpha Media, unless otherwise stated in a EULA; (b) to facilitate or communicate any commercial advertisement or solicitation; (c) for gathering in-game items, currency, or resources for sale outside the Game without New Alpha Media’s authorization; (d) selling or trading Game items, characters or accounts for the Service and/or a Game; or (e) performing in-game services in exchange for payment outside the Game;

iv. make, create or assist in unauthorized connections to any Game or the Service;

v. emulate, intercept or redirect the communication protocols used by New Alpha Media in any way, for any purpose;

vi. disrupt or assist in the disruption of any player's Game experience, the Service or any Game environment (each a "Server"), by means of disruption of any computer used to support the Service or Game environment;

vii. use any unauthorized third-party software that "mines", "data-mines", intercepts, or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service;

viii. exchange, buy or sell for real money or in exchange for in-game currency, items, characters or other resources that may be used in a Game outside the Game without New Alpha Media’s authorization;

ix. allow any third party (except for a minor as stipulated under Section 3 below) to use your account on the Service or for a Game;

x. modify, support or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by New Alpha Media.

D. Restrictions and Conditions of Use

i. You agree that you will not use any Account, Game or the Service to in any way violate any applicable law or regulation.

ii. You may not misuse the Service. The Service must only be used in the ways expressly permitted by this Agreement. You agree that you will not, without limitation, institute, assist, become involved in or help with (a) any type of attack (such as, denial of service attacks) on the Service, (b) attempt to disrupt the Service, (c) attempt to disrupt any other person's use of the Service, or (d) attempt to gain unauthorized access to the Service, Accounts or computer systems or networks in connection to the Service.

iii. You agree to not "data mine" information or data. You agree that you will not, without limitation, institute, assist, become involved in or help with (a) the mining of any data from the Service, Games or any Account, (b) examine, intercept or observe any communications protocols used by the Service or Game client and (c) use any third-party software which collects data or information from any Game, Account or the Service, including, without limitation, information or data relating to characters, objects, virtual items or other Game data.

iv. "User Content" means any data, sounds, images, communications or material and information that you upload or transmit through the Service, or a Game. This includes what other users upload or transmit. You hereby grant New Alpha Media a perpetual, irrevocable, worldwide, non-exclusive, paid-up, license, including the right to sublicense to third parties, and right to alter, reproduce, modify, translate, reformat, create derivative works from, publish, distribute, sell, license, transfer, rent, lease, transmit, publicly display and/or perform, broadcast, communicate to the public by telecommunication, provide access to electronically, enter into computer memory, and use and/or practice such User Content. This includes all modified and derivative works thereof. You acknowledge and agree that, to the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

v. In order to better serve you, New Alpha Media may require certain "non-personal" information and will collect such "non-personal" information. You acknowledge and agree that New Alpha Media has the right to obtain "non-personal" information, without any further notice to you.

2. New Alpha Media's Ownership

2.1 The Service and the Games are copyrighted works owned by New Alpha Media and its licensors. This includes, without limitation, moral rights, artwork, animations, sound, music, visual effects, stories, dialogues, characters, objects, recordings or replays of Games, the Game client and service software, Game titles, Game and Service coding and scripts. We reserve all rights in connection with the Service and the Games. We also reserve the exclusive right to create derivative works of the Games and Service. You agree to not create, or assist in the creation of any work based on the Games or the Service, unless express written permission from New Alpha Media has been given. We are often happy for fans to create "Fan" art or works, as long as they have our express written permission first, otherwise, "Fan" art or works are expressly forbidden.

2.2 New Alpha Media owns all Accounts created on/for the Service. By using the Account, you acknowledge and agree that you have no ownership or other property interest in the Account. You may not purchase, sell, trade or "gift" any Account.

2.3 New Alpha Media owns, has licensed, or otherwise has rights to all of the content that appears in the Service and the Games. You acknowledge and agree that you have no rights to any such content, including, without limitation, the virtual goods or currencies created in any Game, or any other stored data or contents associated with any Account, Service or Game. New Alpha Media does not allow the transfer, sale, trading or "gifting" of virtual properties, excluding certain features of the Account, Service or Games which offer these actions.

3. Limited Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, AND YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, WITH NO WARRANTIES PROVIDED BY NEW ALPHA MEDIA OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. NEW ALPHA MEDIA MAKES NO WARRANTY THAT THE SERVICE WILL BE PROVIDED UNINTERRUPTED, FREE OF ERRORS OR THAT DEFECTS WILL BE CORRECTED. NEW ALPHA MEDIA MAKES NO WARRANTY THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

As some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, some of the following limitations in this section may not apply to you. These terms do not affect the statutory rights of any consumer, or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of New Alpha Media.

4.1 You acknowledge and agree that, to the fullest extent permitted by any applicable law, New Alpha Media and its owners, are in no way liable for any damages, or loss of income in relation to using the Service and the Games.

4.2 You agree to indemnify, defend and hold New Alpha Media harmless from any claim, demand, damages or other losses, including attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of this Agreement, any Game-specific Terms of Use or Game EULA, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior. Furthermore, you agree that these provisions survive any termination of your Account or of the Service.

5. Alterations

New Alpha Media may, from time to time, change or modify this Agreement. In this case, New Alpha Media may provide notice of any such changes or modifications through a special notice, or by contacting you. If you continue to use the Service after thirty (30) days following the aforementioned special notice, your continued use of the Service will mean that you accept the amended Agreement in entirety. If you object to the amended Agreement, you may not continue to use the Service. Please note that those changes or modifications will not likely affect the essential characteristics of the Service.

6. Term and Termination

6.1 This Agreement shall remain in effect until terminated by you or New Alpha Media. If for any reason New Alpha Media chooses to cease providing the Service, or license to a third party the right to provide the Service, New Alpha Media may suspend or terminate this Agreement with or without prior notice.

6.2 You may at any time cancel your Account by contacting us through our website. You are entitled to terminate your license to use the Service at any time by ceasing all use of the Service, excluding products purchased on the Service.

6.3 Upon failure to comply with any terms contained within this Agreement and/or a Game EULA, New Alpha Media may choose to provide you with a warning regarding your non-compliance. Whether or not a warning is issued, and especially in cases of a serious violation of this Agreement, and/or a Game EULA, New Alpha Media reserves the right to immediately terminate your license to use the Service, and any Account you may have in relation to the Service, or any New Alpha Media Game, without any prior warning and without providing any refunds, benefits or compensation for (a) purchases made with, on, or through the Service, and/or Games; (b) any damages resulting from, caused either directly or indirectly, or arising from the termination of your license to use the Service and/or any Account terminated.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia.

8. Attorneys' Fees

In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

9. Export Controls

The Game(s), files, programs, and any and all computer code contained or utilized by the Service may not be downloaded, re-exported or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Commerce Department's Denied Persons List or Entity List. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Assignment

As long as the assignment of this Agreement does not reduce your rights, New Alpha Media reserves the right to assign this Agreement in whole, or in part, to any person or entity at any time, with, or without your consent. Any unauthorized assignment or assignment of this Agreement by you, without New Alpha Media's express written consent shall be null and void.

11. Severability

If any part of this Agreement is determined to be illegal or unenforceable in any given jurisdiction, then that part of this Agreement shall be severed, and the remainder of the Agreement shall be given full force and effect. If a conflict exists between a non-English version, or translated version of this Agreement, then the English version of this Agreement will take precedence. Translations of this Agreement are provided for information purposes only.

12. No Waiver

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

13. Entire Agreement

This Agreement, including the agreements or documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and New Alpha Media's Games and supersedes all prior or contemporaneous communications, whether electronic, written or oral, between you and us with respect to the Service and New Alpha Media's Games. With the exception of the provisions of Sections 1 and 5, the provisions of all other Sections shall survive termination of this Agreement for any reason.

14. Equitable Remedies

You hereby agree that New Alpha Media would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, proof of damages, or other security, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

15. Force Majeure

New Alpha Media is not liable for any delay or failure to perform resulting from causes outside the reasonable control of New Alpha Media, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil, legal or military authorities, fire, floods, accidents, shortage of transportation, energy, labor, or materials.

16. App Store Downloaded Software

When downloading or installing any Game or Licensed Application (each an "App") from Apple's App Store, in addition to this Agreement in its entirety, the following terms and conditions apply:

i. your license to use the Service, Games or Apps are subject to this Agreement and is concluded between you and New Alpha Media, and not Apple. New Alpha Media is responsible for the Licensed Application and the content thereof.

ii. your license is granted and limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service.

iii. with respect to the Licensed Application, you agree that (a) Apple has no obligation whatsoever to furnish any maintenance and support services; (b) in the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever; (c) Apple is not responsible for addressing any claims you may have; (d) Apple is not responsible for the investigation, defense, settlement or discharge of intellectual property infringement claims.

iv. Apple and its subsidiaries are third party beneficiaries of this Agreement and may enforce this Agreement against you.

17. Notices

All notices given by New Alpha Media shall be given to you either through email, written notice or website blog post. These notices are specified by New Alpha Media's Privacy Policy, which can be reviewed at https://www.newalphamedia.com/privacy/.