Rules of Conduct. You agree to use the Services only for lawful purposes, and that you are responsible for your use of, and communications on, the Services. More particularly, you undertake not to directly or indirectly: • use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in Triseum's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software); • conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by Triseum; • access the Services by means other than those provided by Triseum; • harm minors in any way; • solicit personal information or data from anyone under 18 years of age; • maintain any link from another website to the Services without the prior written authorization of Triseum; • arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without Triseum's express prior permission; • modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above; • transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on Triseum’s servers and/or the Services and/or those of its service providers and partners; • create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site; • "bot", "hack", ”mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed within this Agreement; • create or supply other means enabling use of the Services by other persons, for example server emulators; • harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise; • use incorrect information, use another User's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services; • use any means not expressly permitted by Triseum to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User; • attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account; • make inappropriate use of the Game help service or the claim buttons or send untruthful reports to members of Triseum's personnel; • access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services; • refuse to obey the instructions of any Triseum representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and • impersonate any person or entity, including, but not limited to a representative of Triseum, or falsely state or otherwise misrepresent your affiliation with a person or entity. 7 Privacy and Consent to Use of Data (User Generated Content “UGC”) Triseum offers you the possibility of (i) creating UGC of either original content or, if applicable, materials and/or tools made available to you by Triseum in certain Services, and (ii) publishing this UGC via the Services. If you create UGC, you undertake to comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after any termination of your Account. You understand that all UGC, whether you have publicly posted on a forum or privately transmitted to another Service User or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such UGC, Triseum cannot guaranty that other Users will not misuse the UGC that you share. If you have any UGC that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. UNDER NO CIRCUMSTANCES WILL TRISEUM BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES. TRISEUM IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES. You declare that you accept the fact that UGC may be developed and created using tools and/or on the basis of materials belonging to Triseum, such as, in particular and without limitation, titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreographies and other performances, videos, audiovisual effects, user-friendly features and any other element of a game or Services. Any UGC created with the materials will be considered "User Modified Materials" as defined below and will be governed by this Agreement. By accepting these Terms, you agree to transfer irrevocably to Triseum, free of charge, all rights of use you may have over the User Modified Materials created by you, including but not limited to, rights over trademark, patent, commercial secrets, copyright, neighboring rights and rights of publicity therein, allowing Triseum to benefit freely from the following rights, listed only as an illustration and without limitation: The right to reproduce, permanently or temporarily, by any means and in any form, on all known or as yet unknown media, and in particular: o the right to integrate the User Modified Materials in whole or in part in all Triseum products and services, including but not limited to other online or offline games, movies, or other audio visual content; o the right to load and download, display, execute, transmit and/or store by any means, in any place and on any medium, the User Modified Materials and all products incorporating all or part of the User Modified Materials; o the right to arrange, correct, develop, translate, digitize, encode or otherwise modify the User Modified Materials, and to reproduce the results of any one of these operations, by any means and on all existing or future media; o the right to make any copy of all or part of the User Modified Materials and of all products incorporating all or part of the User Modified Materials, including modified, translated or arranged versions, in a number of copies decided by Triseum, by any process and on all media (including but not limited to digital media, CDs, CD- ROMs, DVDs, game cartridges, mobile phones, PDAs, Internet, tablets, etc.); o the right to market, in return for payment or free of charge, and distribute (including renting out, selling and lending) all or part of the User Modified Materials, including modified or arranged versions, and all products incorporating the User Modified Materials, by any process and on any known or as yet unknown medium; o the right to reproduce the User Modified Materials by any means, in any form and on any medium, as necessary for the rights of use referred to below; and o the right to produce or order the production of any new product or service from the User Modified Materials or from any product incorporating the User Modified Materials. This transfer of rights is granted on a worldwide basis and for the period of protection of each User Modified Materials by applicable legislation. In the event that a court of competent jurisdiction rules that some of the rights concerning the User Modified Materials created by you cannot be validly transferred to Triseum as described above, you hereby grant Triseum, free of charge, permanently or for the whole legal period of protection, an irrevocable and transferable right of use, reproduction, representation, modification, display, distribution and in general, exploitation of this User Modified Materials, by any means, on all known or yet known purposes on a worldwide basis, without you being mentioned as the source of this User Modified Materials, given the technical or operational constraints.
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Samples: End User Access and License Agreement, End User Access and License Agreement, End User Access and License Agreement
Rules of Conduct. You agree to use the Services only for lawful purposes, and that you are responsible for your use of, and communications on, the Services. More particularly, you undertake not to directly or indirectly: • use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in TriseumEloquent Media's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit softwareapplications); • conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by TriseumEloquent Media; • access the Services by means other than those provided by TriseumEloquent Media; • harm minors in any way; • solicit personal information or data from anyone under 18 years of age; • maintain any link from another application or a website to the Services without the prior written authorization of TriseumEloquent Media; • arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without TriseumEloquent Media's express prior permission; • modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above; • transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on TriseumEloquent Media’s servers and/or the Services and/or those of its service providers and partners; • create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site; • "bot", "hack", ”mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed within this Agreement; • create or supply other means enabling use of the Services by other persons, for example server emulators; • harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise; • use incorrect information, use another User's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services; • use any means not expressly permitted by Triseum Eloquent Media to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User; • attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account; • make inappropriate use of the Game App help service or the claim buttons or send untruthful reports to members of TriseumEloquent Media's personnel; • access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services; • refuse to obey the instructions of any Triseum Eloquent Media representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and • impersonate any person or entity, including, but not limited to a representative of Triseum, Eloquent Media or falsely state or otherwise misrepresent your affiliation with a person or entity. 7 Privacy and Consent to Use of Data (User Generated Content “UGC”) Triseum offers you the possibility of (i) creating UGC of either original content or, if applicable, materials and/or tools made available to you by Triseum in certain Services, and (ii) publishing this UGC via the Services. If you create UGC, you undertake to comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after any termination of your Account. You understand that all UGC, whether you have publicly posted on a forum or privately transmitted to another Service User or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such UGC, Triseum cannot guaranty that other Users will not misuse the UGC that you share. If you have any UGC that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. UNDER NO CIRCUMSTANCES WILL TRISEUM BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES. TRISEUM IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES. You declare that you accept the fact that UGC may be developed and created using tools and/or on the basis of materials belonging to Triseum, such as, in particular and without limitation, titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreographies and other performances, videos, audiovisual effects, user-friendly features and any other element of a game or Services. Any UGC created with the materials will be considered "User Modified Materials" as defined below and will be governed by this Agreement. By accepting these Terms, you agree to transfer irrevocably to Triseum, free of charge, all rights of use you may have over the User Modified Materials created by you, including but not limited to, rights over trademark, patent, commercial secrets, copyright, neighboring rights and rights of publicity therein, allowing Triseum to benefit freely from the following rights, listed only as an illustration and without limitation: The right to reproduce, permanently or temporarily, by any means and in any form, on all known or as yet unknown media, and in particular: o the right to integrate the User Modified Materials in whole or in part in all Triseum products and services, including but not limited to other online or offline games, movies, or other audio visual content; o the right to load and download, display, execute, transmit and/or store by any means, in any place and on any medium, the User Modified Materials and all products incorporating all or part of the User Modified Materials; o the right to arrange, correct, develop, translate, digitize, encode or otherwise modify the User Modified Materials, and to reproduce the results of any one of these operations, by any means and on all existing or future media; o the right to make any copy of all or part of the User Modified Materials and of all products incorporating all or part of the User Modified Materials, including modified, translated or arranged versions, in a number of copies decided by Triseum, by any process and on all media (including but not limited to digital media, CDs, CD- ROMs, DVDs, game cartridges, mobile phones, PDAs, Internet, tablets, etc.); o the right to market, in return for payment or free of charge, and distribute (including renting out, selling and lending) all or part of the User Modified Materials, including modified or arranged versions, and all products incorporating the User Modified Materials, by any process and on any known or as yet unknown medium; o the right to reproduce the User Modified Materials by any means, in any form and on any medium, as necessary for the rights of use referred to below; and o the right to produce or order the production of any new product or service from the User Modified Materials or from any product incorporating the User Modified Materials. This transfer of rights is granted on a worldwide basis and for the period of protection of each User Modified Materials by applicable legislation. In the event that a court of competent jurisdiction rules that some of the rights concerning the User Modified Materials created by you cannot be validly transferred to Triseum as described above, you hereby grant Triseum, free of charge, permanently or for the whole legal period of protection, an irrevocable and transferable right of use, reproduction, representation, modification, display, distribution and in general, exploitation of this User Modified Materials, by any means, on all known or yet known purposes on a worldwide basis, without you being mentioned as the source of this User Modified Materials, given the technical or operational constraints.
Appears in 1 contract
Rules of Conduct. You agree to use the Services only for lawful purposes, and that you are responsible for your use of, and communications on, the Services. More particularly, you undertake not to directly or indirectly: • use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in TriseumSFR's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software); • conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by TriseumSFR; • access the Services by means other than those provided by TriseumSFR; • harm minors in any way; • solicit personal information or data from anyone under 18 years of age; • maintain any link from another website to the Services without the prior written authorization of TriseumSFR; • arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or any part of the Content by any means without TriseumSFR's express prior permission; • modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, if any, or attempt to do any of the above; • transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on TriseumSFR’s servers and/or the Services and/or those of its service providers and partners; • create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site; • "bot", "hack", ”mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed within this Agreement; • create or supply other means enabling use of the Services by other persons, for example server emulators; • harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise; • use incorrect information, use another User's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services; • use any means not expressly permitted by Triseum SFR to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User; • attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account; • make inappropriate use of the Game Website or Apps help service services or the claim buttons other links or send untruthful reports to members of TriseumSFR's personnel; • access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services; • refuse to obey the instructions of any Triseum SFR representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and • impersonate any person or entity, including, but not limited to a representative of TriseumSFR, or falsely state or otherwise misrepresent your affiliation with a person or entity. 7 Privacy and Consent to Use of Data (User Generated Content “UGC”) Triseum SFR offers you the possibility of (i) creating UGC of either original content or, if applicable, materials and/or tools made available to you by Triseum SFR in certain Services, and (ii) publishing this UGC via the Services. If you create UGC, you undertake to comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after any termination of your Account. You understand that all UGC, whether you have publicly posted on a forum or privately transmitted to another Service User or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such UGC, Triseum cannot guaranty that other Users will not misuse the UGC that you share. If you have any UGC that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. UNDER NO CIRCUMSTANCES WILL TRISEUM BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES. TRISEUM IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES. You declare that you accept the fact that UGC may be developed and created using tools and/or on the basis of materials belonging to Triseum, such as, in particular and without limitation, titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreographies and other performances, videos, audiovisual effects, user-friendly features and any other element of a game or Services. Any UGC created with the materials will be considered "User Modified Materials" as defined below and will be governed by this Agreement. By accepting these Terms, you agree to transfer irrevocably to Triseum, free of charge, all rights of use you may have over the User Modified Materials created by you, including but not limited to, rights over trademark, patent, commercial secrets, copyright, neighboring rights and rights of publicity therein, allowing Triseum to benefit freely from the following rights, listed only as an illustration and without limitation: The right to reproduce, permanently or temporarily, by any means and in any form, on all known or as yet unknown media, and in particular: o the right to integrate the User Modified Materials in whole or in part in all Triseum products and services, including but not limited to other online or offline games, movies, or other audio visual content; o the right to load and download, display, execute, transmit and/or store by any means, in any place and on any medium, the User Modified Materials and all products incorporating all or part of the User Modified Materials; o the right to arrange, correct, develop, translate, digitize, encode or otherwise modify the User Modified Materials, and to reproduce the results of any one of these operations, by any means and on all existing or future media; o the right to make any copy of all or part of the User Modified Materials and of all products incorporating all or part of the User Modified Materials, including modified, translated or arranged versions, in a number of copies decided by Triseum, by any process and on all media (including but not limited to digital media, CDs, CD- ROMs, DVDs, game cartridges, mobile phones, PDAs, Internet, tablets, etc.); o the right to market, in return for payment or free of charge, and distribute (including renting out, selling and lending) all or part of the User Modified Materials, including modified or arranged versions, and all products incorporating the User Modified Materials, by any process and on any known or as yet unknown medium; o the right to reproduce the User Modified Materials by any means, in any form and on any medium, as necessary for the rights of use referred to below; and o the right to produce or order the production of any new product or service from the User Modified Materials or from any product incorporating the User Modified Materials. This transfer of rights is granted on a worldwide basis and for the period of protection of each User Modified Materials by applicable legislation. In the event that a court of competent jurisdiction rules that some of the rights concerning the User Modified Materials created by you cannot be validly transferred to Triseum as described above, you hereby grant Triseum, free of charge, permanently or for the whole legal period of protection, an irrevocable and transferable right of use, reproduction, representation, modification, display, distribution and in general, exploitation of this User Modified Materials, by any means, on all known or yet known purposes on a worldwide basis, without you being mentioned as the source of this User Modified Materials, given the technical or operational constraints.and
Appears in 1 contract
Rules of Conduct. You agree to use the Services only for lawful purposes, and that you are responsible for your use of, and communications on, the Services. More particularly, you undertake not to directly or indirectly: • use within the framework of the Services any element or content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in TriseumTCL's estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable; • create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) which would constitute a breach of an obligation of confidentiality or which would incite the committing of an unlawful act (in particular, infringing others' intellectual property, piracy, hacking or circulation of counterfeit software); • conduct activities aimed at accessing elements or functions of the Services whose use has not been authorized by TriseumTCL; • access the Services by means other than those provided by TriseumTCL; • harm minors in any way; • solicit personal information or data from anyone under 18 years of age; • maintain any link from another website to the Services without the prior written authorization of TriseumTCL; • arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or any part of the Content by any means without TriseumTCL's express prior permission; • modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above; • transmit or propagate any virus, Trojan, worm, bomb, corrupted file and/or similar destructive device or corrupted data within the framework of the Services, and/or organize, participate in or be involved in any way in an attack on TriseumTCL’s servers and/or the Services and/or those of its service providers and partners; • create, use and/or circulate "auto" or "macro" computer programs or other cheat programs or software applications, and/or use the Services via a mirror site; • "bot", "hack", ”“mod”, “trainer”, or "crack", or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services, including the ones discussed within this Agreement; • create or supply other means enabling use of the Services by other persons, for example server emulators; • harass other Users of the Services, send them unsolicited messages for commercial prospecting purposes, use the Services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass e-mails, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise; • use incorrect information, use another User's Account, assume another person's identity or present false credentials in order to disguise the origin of any content transmitted through the Services; • use any means not expressly permitted by Triseum TCL to collect or intercept data exchanged by other Users within the framework of the Services, or the names/screen names and/or passwords of any other User; • attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account; • make inappropriate use of the Game Website help service or the claim buttons other links or send untruthful reports to members of TriseumTCL's personnel; • access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services; • refuse to obey the instructions of any Triseum TCL representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and • impersonate any person or entity, including, but not limited to a representative of TriseumTCL, or falsely state or otherwise misrepresent your affiliation with a person or entity. 7 Privacy and Consent to Use of Data (User Generated Content “UGC”) Triseum TCL offers you the possibility of (i) creating UGC of either original content or, if applicable, materials and/or tools made available to you by Triseum TCL in certain Services, and (ii) publishing this UGC via the Services. If you create UGC, you undertake to comply with the clauses of these Terms at all times during and after the creation of this UGC. The Terms will continue to apply after any termination of your Account. You understand that all UGC, whether you have publicly posted on a forum or privately transmitted to another Service User or to us, is your sole responsibility. Though the Services are designed to be a safe place to share such UGC, Triseum TCL cannot guaranty that other Users will not misuse the UGC that you share. If you have any UGC that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, name, home address, telephone number, etc.), do not post it to the Services. UNDER NO CIRCUMSTANCES WILL TRISEUM TCL BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICES. TRISEUM TCL IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES. You declare that you accept the fact that UGC may be developed and created using tools and/or on the basis of materials belonging to TriseumTCL, such as, in particular and without limitation, titles, fictional characters, names, themes, objects, scenery, costumes, effects, texts, dialogues, slogans, places, characters, diagrams, concepts, designs, graphics, animations, sounds, musical compositions, choreographies and other performances, videos, audiovisual effects, user-friendly features and any other element of a game the Website or Services. Any UGC created with the materials will be considered "User Modified Materials" as defined below and will be governed by this Agreement. By accepting these Terms, you agree to transfer irrevocably to TriseumTCL, free of charge, all rights of use you may have over the User Modified Materials created by you, including but not limited to, rights over trademark, patent, commercial secrets, copyright, neighboring rights and rights of publicity therein, allowing Triseum TCL to benefit freely from the following rights, listed only as an illustration and without limitation: The right to reproduce, permanently or temporarily, by any means and in any form, on all known or as yet unknown media, and in particular: o the right to integrate the User Modified Materials in whole or in part in all Triseum TCL products and services, including but not limited to other online or offline gameswebsites, movies, or other audio visual content; o the right to load and download, display, execute, transmit and/or store by any means, in any place and on any medium, the User Modified Materials and all products incorporating all or part of the User Modified Materials; o the right to arrange, correct, develop, translate, digitize, encode or otherwise modify the User Modified Materials, and to reproduce the results of any one of these operations, by any means and on all existing or future media; o the right to make any copy of all or part of the User Modified Materials and of all products incorporating all or part of the User Modified Materials, including modified, translated or arranged versions, in a number of copies decided by TriseumTCL, by any process and on all media (including but not limited to digital media, CDs, CD- ROMs, DVDs, game cartridges, mobile phones, PDAs, Internet, tablets, etc.); o the right to market, in return for payment or free of charge, and distribute (including renting out, selling and lending) all or part of the User Modified Materials, including modified or arranged versions, and all products incorporating the User Modified Materials, by any process and on any known or as yet unknown medium; o the right to reproduce the User Modified Materials by any means, in any form and on any medium, as necessary for the rights of use referred to below; and o the right to produce or order the production of any new product or service from the User Modified Materials or from any product incorporating the User Modified Materials. This transfer of rights is granted on a worldwide basis and for the period of protection of each User Modified Materials by applicable legislation. In the event that a court of competent jurisdiction rules that some of the rights concerning the User Modified Materials created by you cannot be validly transferred to Triseum TCL as described above, you hereby grant TriseumTCL, free of charge, permanently or for the whole legal period of protection, an irrevocable and transferable right of use, reproduction, representation, modification, display, distribution and in general, exploitation of this User Modified Materials, by any means, on all known or yet known purposes on a worldwide basis, without you being mentioned as the source of this User Modified Materials, given the technical or operational constraints.
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