YOU SHOULD CAREFULLY READ THE FOLLOWING POKEMMO TERMS OF SERVICE AGREEMENT (THE "TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, OR YOU DO NOT UNDERSTAND THESE TERMS, YOU MUST CEASE USING ALL OF POKEMMO'S SERVICES.
1. GRANT OF LICENSES
- LIMITED REDISTRIBUTION LICENSE. PokeMMO hereby grants, and you accept, a limited, terminable, non-exclusive license to reproduce and distribute an unlimited number of copies of PokeMMO's Software, provided that the following conditions are met:
- You may not modify PokeMMO's Software, except for, in the case of the Linux and macOS versions of PokeMMO's Software, files explicitly released under the GNU General Public License v3.0; and
- You may not charge any fee or receive compensation attributable to the distribution of PokeMMO's Software.
- LIMITED LICENSE - SERVICE, CONTENT, AND SOFTWARE LICENSED. Subject to your agreement and continuing compliance with PokeMMO's agreements, PokeMMO hereby grants You a limited, non-transferrable, non-exclusive license to use the Services and PokeMMO's Software for Your non-commercial entertainment purposes.
- ADDITIONAL LICENSE LIMITATIONS. The license granted to You in Section 1 paragraph B is subject to limitations set forth in Sections 1 paragraph A and Section 5. Any usage of PokeMMO's Service or the Game in violation of these limitations will be regarded as an infringement of the Terms of Service and may result in a termination of this Agreement and Account closure.
You acknowledge that You must obtain Service from PokeMMO to use the Game and its related Services, and You acknowledge that You are responsible for supplying an Internet Connection and any necessary computer hardware for playing this Game or using its related Services, as well as any costs related to the foregoing.
You further acknowledge that PokeMMO may allow You full or partially restricted access to additional Game Content. Game Content may be modified, removed, or added at PokeMMO's sole discretion.
2. DURATION OF AGREEMENT, OWNERSHIP, ELIGIBILITY AND CONTRIBUTIONS.
- Duration. Unless modified or amended by PokeMMO, this Agreement and its provisions will remain in effect until terminated. You may terminate this Agreement by deleting the Game Client and terminating or cease using all PokeMMO Accounts registered to You.
- Ownership. You acknowledge and agree that You shall have no ownership or other property interest in any account or identifying information stored or hosted on a PokeMMO system, including but not limited to, PokeMMO Accounts or other Services hosted by PokeMMO (e.g. PokeMMO Forum Accounts.) You further acknowledge and agree that all rights in and to such accounts are and forever will be owned and inure to the benefit of PokeMMO.
- You acknowledge that each Account may only be used by one person. If a minor over the age of 13 has been allowed access to an account by his/her parents or legal guardian, only that minor may use the Account thereafter;
- You may not make any assignments or transfer of rights, obligations or liabilities related to this Agreement without the express written consent of PokeMMO, and any attempt by You to do so without the express written consent of PokeMMO is null and void; and
- You agree that you are entirely liable for all activities conducted through Your Account. PokeMMO hereby disclaims any and all responsibility and liability for any unauthorized use of your Account.
- Eligibility. You acknowledge that You are an adult in your country of residence. You agree to these Terms of Service on your behalf or for (1) minor, who is not under the age of 13, for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to You. You acknowledge that your command and knowledge of the English language is sufficient to understand the terms and conditions set forth herein.
- Contributions. In exchange for the limited license granted in Section 1 Paragraph B, and to the extent your contributions through use of PokeMMO's Software and Services, you hereby grant PokeMMO an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide-right to use your contributions in any way for any purpose in connection with our Services, including the rights to reproduce, copy, adapt, modify, or communicate to the public by any means whether now known or unknown, without any notice or compensation for You. This license grant to PokeMMO is separate to these Terms of Service, and will survive any breach and subsequent termination of this Agreement between PokeMMO and You.
4. ACCOUNT SUSPENSION/DELETION
PokeMMO may suspend, modify, or delete any Account related to PokeMMO's Services at any time for any reason, or no reason, with or without notice to You, for any amount of time. For purposes of explanation, most account suspensions and modifications are the result of violation(s) with this Terms of Service.
5. CODE OF CONDUCT
The PokeMMO Code of Conduct applies to Your use of all Services provided by PokeMMO. To view the PokeMMO Code of Conduct, click here: http://k1600.com/code_of_conduct
6. CONSENT TO MONITORYou hereby acknowledge and agree that:
- When running, the Game Client may monitor your computer's Random Access Memory ("RAM") for unauthorized third party programs running concurrently with the Game Client. An "unauthorized third party program" is defined as any third-party software prohibited by the PokeMMO Terms of Service.
In the event the Game Client detects any unauthorized third party programs, the Game Client may:
- Communicate information back to PokeMMO's Servers, including but not limited to your Account Name, details about the third party program detected (including, but not limited to, Process Name, Hash, Window Name ) , the date, Game Client settings, and personally identifiable network addresses (such as "IP Addresses" and "MAC Address"); or
- Exercise any or all of PokeMMO's rights under this Agreement, with or without prior notice to You.
- When running, the Game Client may obtain certain identifying information about your computer and communicate it back to PokeMMO's Servers, including without limitation your IP Address(es), MAC Address(es), a Unique Identification Number generated by the Game Client and hardware and software information about Your machine (such as Operating System, RAM, Video Card, System Configuration, etc.)
- When using any of PokeMMO's Services, PokeMMO may, with or without notice to you, store without limitation:
- Personally identifiable internet connection history (Internet Protocol Address(es) and MAC Address(es) used to access PokeMMO's Services);
- Any communications exchanged between You and other Users while using the Services;
- Any e-mail address used at the time of Account Creation, or when You modify existing Account credentials; and
- History of Donations to PokeMMO, including without limitation the date of the transaction, associated Account and sum Donated.
- PokeMMO may, with or without notice to You, disclose your Internet Protocol Address(es), chat logs, and other information stored about your activities:
- In response to law enforcement, a court order or other legal process; or
- If PokeMMO believes that doing so may protect your safety or the safety of others.
7. PATCHES AND UPDATES
PokeMMO may deploy or provide patches, updates and modifications to the Game Client which must be installed to continue using PokeMMO's Services. PokeMMO may update the Game Client remotely residing on the user's machine, without knowledge of the user, and You hereby grant PokeMMO to deploy and apply such patches, updates, and modifications.
8. LIMITATION OF LIABILITY
- Any Service, Content or software from PokeMMO's Staff or Users is provided at your own risk on an "As Available," "As Is" basis in its current condition without any representation, guarantee, or warranty of any kind or in any way related to Services, Support, Indemnity, Error Free or Uninterrupted Operation, Updates, Correction of Defects, or that it is free from defects, malware or harmful components in any form whatsoever. All such obligations are hereby disclaimed and You hereby acknowledge that PokeMMO's Staff expressly disclaim all warranties of any kind, written or oral, express or implied, statutory, or by operation of law, relating to non-infringement, accuracy, completeness, and operability.
- If PokeMMO breaches this Agreement, it will be responsible for any losses which You suffer as long as they were reasonably foreseeable to both You and PokeMMO at the time this Agreement was accepted by You. However, PokeMMO's aggregate liability to You with respect to all claims arising from or in connection with this Agreement shall be limited to an amount not exceeding any amount paid by You to PokeMMO in relation to the Game in the 6 months prior to the date the claim arose.
- Nothing in this Agreement shall limit PokeMMO's liability for death or personal injury resulting from its negligence or fraudulent misrepresentation or for any liability which cannot be excluded by law.
You agree to defend, indemnify, and hold harmless PokeMMO and PokeMMO's Staff, with respect to any and all claims, liabilities, injuries, damages, losses, or expenses (including, but not limited to, Attorney's fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
- The provisions of Sections 1, 3, 5, and 11;
- Your failure to comply with any provision of this Agreement;
- Your use of the Game, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
- Any dispute You have or claim to have with any users of our Services.
10. FORCE MAJEURE
PokeMMO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PokeMMO, including without limitation any failure to perform due to unforeseen circumstances or cause beyond PokeMMO's control, such as war, terrorism, acts of public enemies, acts of civil or military authorities, accidents, transport disturbances, fires, floods, acts of God, embargoes, or shortages of fuel, energy, labor or materials.
11. DONATIONS TO POKEMMO
- Reward Points. You may obtain Reward Points from PokeMMO for use in connection with the Game. Reward Points are a virtual currency which you may, in PokeMMO's sole discretion, exchange for Items, services, or access to other specific forms of content not otherwise available without Reward Points.
The Items, services or access to other specific forms of content not otherwise available without Reward Points may be discontinued or modified at any time by PokeMMO at its sole discretion.
- PokeMMO may choose to make Reward Points only available for Accounts in compliance with all provisions of this Agreement;
- You acknowledge that Reward Points are digital material with no cash value, that there is no right to transfer or exchange Reward Points; and
- PokeMMO may restrict or make available your ability to obtain or use Reward Points for any or no reason.
- Donations related to PokeMMO's Services
- You acknowledge that PokeMMO is not required to ensure that Reward Points are distributed when a donation takes place through a third-party payment processor;
- You acknowledge that Reward Point estimates for Donations are non-guaranteed estimates which may be given for a Donation, automatically created at the time of a user's query, and that PokeMMO has no obligation to ensure that the amount of Reward Points quoted to you during the Donation process is credited to Your Account; and
- You acknowledge that once You authorize PokeMMO or one of its designated third-party payment services to charge, all payments to PokeMMO are not refundable, regardless of the payment method, in whole or in part, at any time, and that payments to PokeMMO will not be refundable upon termination of Your account, termination of the Reward Points service or the discontinuation of any other PokeMMO Service.
- Any payment chargeback initiated by You (regardless of when the transaction occurred) will result in an immediate, irreconcilable breach of this Agreement along with Your associated Account being terminated.
12. AMENDMENTS TO THIS AGREEMENT
You acknowledge that this Agreement may be amended at any time by PokeMMO at its sole discretion.
PokeMMO will attempt to notify You within a reasonable timeframe if this Agreement is amended or modified, either through e-mail address(es) provided by You, the website this document is hosted on, other websites PokeMMO owns and operates, or through PokeMMO's Game Client.
Modifications to this Agreement by PokeMMO are effective immediately and your failure to cease use of PokeMMO's Services and destroy all copies of PokeMMO's Software which you are licensed will constitute your acceptance.
If you do not agree to the amendments or to any of the terms in the Agreement, your only remedy is to cease use of PokeMMO's Services and destroy all copies of PokeMMO's Software which you are licensed.
13. DISPUTE RESOLUTION
- You and PokeMMO agree to resolve all disputes and claims between us in individual binding arbitration. This includes, but is not limited to:
- Any aspect of the relationship between us;
- This Agreement; or
- Your use of PokeMMO's Services.
- Agreement - This Terms of Service agreement.
- Account - Any account provided by PokeMMO related to the Game or its website services, to which this agreement between You or PokeMMO may apply.
- Account ID - A unique account designation that PokeMMO can use to identify an Account.
- Character - A User's avatar in the Game, identified by a Character Name.
- Content - Any material related to the Game that is neither software nor Service, including but not limited to any item, message, or Reward Points.
- Game - The video game service provided by PokeMMO.
- Game Client - Software provided by PokeMMO used for the purposes of connecting to PokeMMO's Game.
- GNU General Public License v3.0 - A license for free and open source software which is used for certain files in PokeMMO's Linux and macOS compatible Game Client. A full version of this document may be found at http://www.gnu.org/licenses/gpl-3.0.en.html or within the Linux and macOS-compatible Game Client.
- Item - Digital material related to the Game, including but not limited to, any Game currency, articles or resources.
- Reward Points - Digital material related to the Game, which PokeMMO may make available under certain restrictions.
- PokeMMO - The company which creates PokeMMO's Software and Services.
- PokeMMO's Staff - The employees, independent contractors, and volunteers designated as representing PokeMMO by PokeMMO.
- Services - Any online service provided by PokeMMO.
- PokeMMO's Software - Any software provided by PokeMMO related to the Game, including but not limited to the Game Client installed on a computer owned by You or someone else, along with any subsequent updates, modifications, or patches to said Game Client.
- User / Users - Other persons who have agreed to this Terms of Service.
- You / Your - A person over the age of 13 who may click "I ACCEPT" as defined by Section 2, paragraph D.