The following Terms of Service (“TOS”) constitute an agreement between you and Qeon Interactive, and its affiliate (“Qeon”). This TOS governs your use of the Software and Services (as specified below).
This TOS "Software" means all software programs distributed, published or otherwise made available by Qeon or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Qeon, including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Qeon Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS TOS. BY INSTALLING, USING OR ACCESSING THE QEON SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE QEON SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS TOS.
If you do not accept these terms of services, do not install, use or access the Qeon Services.
SOFTWARE LICENSE. Subject to this TOS and its terms and conditions, Qeon hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this TOS. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this TOS is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this TOS and its terms and conditions, Qeon hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Qeon, for your personal non-commercial use, in the manner permitted by this TOS. The rights granted herein are subject to your compliance with this TOS.
LICENSE TERM. The term of your licenses under this TOS shall commence on the date that you accept this TOS and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Qeon's termination of this TOS. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this TOS.
OWNERSHIP; NO OTHER LICENSES. Qeon retains all right, title and interest in and to the Qeon Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Qeon Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Qeon Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Qeon. All rights not expressly granted to you herein are reserved by Qeon.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that Qeon deems to be in conflict with the spirit or intent of the Service or make improper use of Qeon support services.
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Qeon Game or any Qeon game experience or without Qeon express written consent, modify or cause to be modified any files that is a part of the Service or any Qeon game.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Qeon game environment.
- Institute, assist, or become involved in any type of attack, including, without limitation, distribution of virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Qeon, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Qeon employees, and Qeon’s customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including, without limitation, a Qeon employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Qeon game, or to obtain any information from the Service or any Qeon game using any method not expressly permitted by Qeon.
- Solicit or attempt to solicit personal information from other users of the Service or any Qeon game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Third party services
Qeon Services may include links to third party services and/or the third party services may be made available to you via Qeon Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
General license conditions
You agree not to: (i) commercially exploit the Qeon Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Qeon Services, any copies thereof, or any passwords or usernames of Qeon Services, without the express prior written consent of Qeon or as set forth in this TOS; (iii) make a copy of the Qeon Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Qeon Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Qeon Services or this TOS, use or install the Qeon Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Qeon Services at a computer gaming center or any other location-based site; provided, that Qeon may offer you a separate site license agreement to make the Qeon Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Qeon Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Qeon Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Qeon Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Qeon Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Qeon Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to these terms of services. The Software is intended for private use only.
The Qeon Services may include measures to control access to the Qeon Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this TOS. Only Qeon Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Qeon Services will not function properly.
The Qeon Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the Qeon Services, and to the extent that your contributions through use of the Qeon Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Qeon an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Qeon's and other players' use and enjoyment of such assets in connection with the Qeon Services and related goods and services under applicable law. This license grant to Qeon, and the above waiver of any applicable moral rights, survives any termination of this TOS.
The Qeon Services may require an internet connection to access the Qeon Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Qeon Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Qeon Services. By using the Qeon Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Qeon Services or certain features of the Qeon Services may not operate or may cease to function properly, either in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, QEON MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO QEON SERVICES OR PORTIONS THEREOF IF YOU ARE, OR QEON SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND QEON IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
QEON RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
By installing, accessing or using the Qeon Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of Indonesia.
Payments and purchases of virtual goods
Qeon may license to you certain virtual goods to be used within Qeon Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sub licensable and revocable basis and limited only for non-commercial use. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE.
Qeon may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Qeon shall have no liability to you or any third party in the event that Qeon exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT QEON IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS TOS WAS VOLUNTARY OR INVOLUNTARY.
Limitations of liability
IN NO EVENT WILL QEON, QEON’S AFFILIATES, QEON’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE QEON SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS TOS OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT QEON, QEON’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, QEON’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS TOS AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS TOS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL QEON’S, QEON’S AFFILIATES’, QEON’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE QEON SERVICES OR FIVE EUROS (EUR 5), WHICHEVER LESS.
Other terms and conditions
TERMINATION: This TOS will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Qeon Services. With regards to Software delivered on a physical storage medium you can end this TOS by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this TOS are not specifically observed, Qeon will be irreparably damaged, and therefore you agree that Qeon shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this TOS, in addition to any other available remedies.
AFFILIATE: For purposes of this TOS, an “affiliate” or Qeon means any legal entity that is directly or indirectly controlled by Qeon for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
INDEMNITY: You agree to indemnify, defend and hold Qeon, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Qeon Services pursuant to the terms of the TOS; or (ii) your breach of this TOS.
MISCELLANEOUS: This TOS represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Qeon reserves the right, at its discretion, to change, modify, add or remove portions of this TOS by posting the updated TOS on Qeon’s website. You will be deemed to have accepted such changes by continuing to use the Qeon Services. If any provision of this TOS is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this TOS shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This TOS will be governed by the laws without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of or relating to this TOS or the breach, termination or validity thereof shall be finally settled at Qeon's discretion (i) at your domicile's competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Indonesian National Arbitration Comitee (BANI). The arbitration shall be conducted in Indonesia in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST QEON ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Renewed on 29 December 2016.