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Submitted URL: http://register.koggames.com/
Effective URL: https://register.koggames.com/elswordonline
Submission: On April 26 via api from US — Scanned from DE
Effective URL: https://register.koggames.com/elswordonline
Submission: On April 26 via api from US — Scanned from DE
Form analysis 1 forms found in the DOM
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<input class="form-check-input" type="checkbox" value="" name="readagreed" id="readagreed">
<label class="form-check-label" for="readagreed"> Accept the <a href="javascript:void(0)" class="text-violet" data-bs-toggle="modal" data-bs-target="#modal-tos">Terms of Use</a> and
<a href="javascript:void(0)" class="text-violet" data-bs-toggle="modal" data-bs-target="#modal-pp">Privacy Policy.</a>
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<p class="pt-3 pb-5 fw-light text-dark-violet text-small">Already have an account?<br> <a href="https://my.koggames.com/" class="text-dark-violet">Sign in</a></p>
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<div class="text-center success-registration p-4 pt-2 hide convert-desktop" id="NA">
<div class="row">
<div class="col-12">
<h1 class="text-uppercase">Thank You For Signing Up</h1>
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</div>
<p class="fw-bold mt-3 mb-0">Activate your Account!</p>
<p class="mb-0">Your Activation E-mail was sent to:</p>
<p class="text-white email-address mb-2"></p>
<p class="px-3">Please check your inbox for an email from The Elsword Team and click the link to verify your account.</p>
<p class="px-3">The email may take up to 5 minutes to arrive. You can also check your promotions or spam folders in case it was sent there.</p>
<div class="click_go_btn reg-activate-now-btn mx-auto d-block mb-3">
<a href="#" class="text-decoration-none email-link" target="_blank"> </a>
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<p class="fw-bold">Download the Game!</p>
<p>Click on the button below to start. Enjoy Elsword!</p>
<div class="click_go_dl reg-download-btn mx-auto d-block mb-3">
<a class="text-decoration-none download-link" href="#"> </a>
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<span>or <a href="http://elsword.koggames.com/download" class="text-violet" target="_blank">click here</a> to check other <br>game client versions.</span>
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</form>Text Content
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Begin your journey and step into a world of action and adventure.
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or spam folders in case it was sent there.
Download the Game!
Click on the button below to start. Enjoy Elsword!
or click here to check other
game client versions.
* Elsword
* Aisha
* Rena
* Raven
* Eve
* Chung
* Ara
* Elesis
* Add
* Luciel
* Rose
* Ain
* Laby
* Noah
* Lithia
THE SEEKER
Achlys
Lithia was gravely mistaken when she thought that everything was going according
to plan. It took her friend being hurt for Lithia to realize how dangerous the
unknown power beyond the Rift was – she repeated her past mistake. Consumed by
regret and loneliness, she tracked down and found the Society to fix her
mistakes. Initially feeling insulted when the Society offered information on the
Rift in exchange for her cooperation, Lithia relented to the deal for her goals.
She will never be able to return to living an ordinary life, so she forges on
ahead – even if no answers are to be found. Equipped with the knowledge that
there’s no turning back, Lithia has now taken the mantle of Achlys as she
embarks on a journey towards the chaotic realm!
*
*
*
*
MEDIA
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Copyright © 2024 KOG Games Inc. All rights reserved. Terms of Use | Privacy
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ELSWORD ONLINE REGISTRATION
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TERMS OF USE
KOG Games Inc. (the "Company," "we," "us") provides this web site (the "Site")
and all Site-related services and products, including, without limitation,
massively multiplayer online role-playing and multiplayer online casual games
(collectively, the "Service"), subject to your compliance with the terms and
conditions set forth in this agreement (the "Agreement"). This Agreement governs
the relationship between the Company and you, the Site visitor and/or Service
member ("you") with respect to your use of the Service. You must read carefully
and understand the terms and conditions of this Agreement before using the
Service.
We reserve the right to re-evaluate and augment the following at any time:
* The terms and conditions of this Agreement;
* The Service, including terminating, eliminating, supplementing, or modifying,
any content or data on or feature of the Service or the hours that the
Service is available;
* Any fees or charges, if any, related to your use of the Service; and
* The equipment, hardware or software required to use and access the Service.
Any changes made will be effective immediately with or without prior notice.
We will attempt to provide prior notice by posting on the Site or any other
means we deem appropriate and efficient. Your continued use of the Site or
Service after such notice will be deemed acceptance of such changes. Be sure
to return to this page periodically to ensure familiarity with the most
current version of this Agreement.
A. SERVICE REGISTRATION
A.1 Acceptance
In order to access and use the Service, you must sign up for an account
("Account") with us. Prior to completing the signup process for your Account,
you will be required to indicate your acceptance of all of the terms and
conditions of this Agreement. If you do not agree to all of the terms and
conditions of this Agreement, you may not sign up for an Account and you shall
not have the right to use the Service, which includes the right to play any
games.
A.2 Age Restrictions
By signing up for an Account and using the Service, you represent and warrant
that you are 18 years of age or older and have the right, authority and capacity
to enter into this Agreement, or you are the legal age required to form a
binding contract in your jurisdiction if that age is greater than 18. If you are
between the ages of 13 and 17, you represent that your parent or legal guardian
has reviewed and agreed to these Terms. Your Account may be used only by you.
However, if you are a parent or guardian, you may permit one (1) of your minor
children who is 13 years of age or older to use the Account instead of you. If
you are under the age of 13, you are prohibited from using the Service or
creating an Account. You agree that you are entirely liable for all activities
conducted through the Account, and are responsible for ensuring that you are
and/or your child is aware of, understands, and complies with the terms of this
Agreement and any and all other Company rules, policies, notices and/or
agreements.
A.3 Eligibility and Territory
Only "natural persons," as opposed to any kinds of legal entities (e.g.,
corporations, limited liability companies, and/or partnerships), shall have the
right to establish an Account. We hereby disclaim any and all responsibility and
liability for any unauthorized use of your Account. Currently we only accept
customer accounts from North America and Oceania. The service is not available
to users outside of these territories.
A.4 Registration information
To register an Account, you will be required to provide us with certain
information about yourself, including, without limitation, your name and e-mail
address. You must also pick one or more security questions and answers.
Registration will permit us to collect your IP address and computer's hardware
and operating system specifications. Once we receive your information, we will
send you a link to verify your information. You have three (3) days upon receipt
of the link to verify your information. Your account will be deleted if not
verified after three (3) days. If you decide to maintain an Account with KOG
Games, you must start the process over again. All of the information you provide
to us or that we collect from you will be governed by the terms and conditions
of this Agreement and our Privacy Policy, which is incorporated herein by
reference. You agree at all times to (i) provide accurate, current and complete
information about yourself as prompted by our registration form or otherwise;
and (ii) maintain and update your information (including your e-mail address) to
keep it accurate, current and complete. You acknowledge that, if any information
provided by you is untrue, inaccurate, not current or incomplete, we reserve the
right to terminate this Agreement and your use of the Service and, in our sole
discretion, to report you to the appropriate government authorities. We are not
responsible or liable if your Account is "hacked" or if your Account (or the
information contained therein) is otherwise deleted.
A.5 Account ID and Password
As part of the registration process, you will also be asked to create an Account
ID and password for your Account which you will use each time you access the
Service. We reserve all right to refuse to grant you or to terminate an Account
ID that: (i) is or may be illegal or is or may be protected by trademark or
other proprietary rights laws, or may cause confusion, (ii) is or may be
considered vulgar, defamatory, obscene, hateful, racially, ethnically or
otherwise offensive, including any Account IDs which are sexual in nature. You
will be responsible for the confidentiality and use of your Account ID and
password. If you have reason to believe that your Account with us is no longer
secure, you must promptly change your password by visiting
https://my.koggames.com/ and immediately notify us of the problem by visiting
our customer service department, my.koggames.com/support. YOU ARE ENTIRELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT ID AND PASSWORD
AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE)
THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
A.6 Nickname
As part of the registration process, you will also be asked to select a Nickname
which you will use at the Forum and Customer Support. We reserve all right to
refuse to grant you or to terminate a Nickname that: (i) impersonates someone
else, including, without limitation, another user, Non Playing Character or Game
Master ("GM"), (ii) is or may be illegal or is or may be protected by trademark
or other proprietary rights laws, or may cause confusion, (iii) is or may be
considered vulgar, defamatory, obscene, hateful, racially, ethnically or
otherwise offensive, including any usernames which are sexual in nature, (iv) is
comprised of or includes the names (including "street" names) of any drug,
narcotic or other criminal activity, (v) includes any special characters (i.e.,
ASCII codes) and/or (vi) is otherwise inappropriate, regardless of our
software's ability to disallow such usernames. You agree that you will not use
misspellings or alternative spellings or take any other actions for the purpose
of circumventing the foregoing restrictions. You understand and agree that, in
addition to the foregoing restrictions, we reserve the right to change, remove,
alter or delete any Nickname at any time and for any reason in our sole
discretion.
B. SERVICE USE & RESTRICTIONS
B.1 Use.
Your usage and access of the Software (defined in the Terms of Use Agreement) is
subject to the terms and conditions set forth in this Agreement. You are solely
responsible for obtaining and maintaining all hardware and other equipment
needed to access and use the Service. You are solely responsible for all related
charges and fees.
B.2 Code of Conduct.
You agree to comply with all applicable laws, rules and regulations while using
our service. We reserve the right to take any actions we deem required
maintaining the integrity of our games, including blocking any account, with or
without reason. You agree that we reserve the right to block/suspend ANY and ALL
accounts we deem to be suspicious, at our discretion. Users may not:
- Prohibit or deny any other users from using the Service, Cash Items (as
defined below) or the Software;
- Plan or launch an attack upon any server used in connection with the Service
or otherwise attempt to disrupt such servers;
- Use the Service, Cash Items or Software for any unlawful or unintended purpose
as explained on the Site;
- Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening,
abusive or otherwise objectionable behavior, including, without limitation,
looting, kill stealing, making sexual comments and/or cursing;
- Express or imply that any statements you make or actions you take are endorsed
by us;
- Impersonate another person or pretend that you are an employee of the Company,
its parent, subsidiary, or affiliate.
- Transmit: (i) any content that is unlawful, harassing, vulgar, obscene,
hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene,
sexually explicit, or racially, ethnically or otherwise objectionable, or that
could be deemed to be stalking or constitute an invasion of a right of privacy
of another person; (ii) any content that infringes our or any third party's
intellectual property or other rights, or that you otherwise do not have
permission to transmit; (iii) any software or other materials that contain any
viruses, worms, trojan horses, or other items of a destructive nature; (iv) any
private information about companies; (v) any trade secret of any third party; or
(vi) any advertisements, solicitations, or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Remove, alter or conceal any copyright, trademark, patent or other proprietary
rights notices contained in the Service, Cash Items or Software;
- "Frame" or "mirror" any part of the Service without our prior written
authorization;
Link to any page of or content on the Site other than the URL located at
http://www.KOGGames.com; - Introduce or provide a link to any web sites that
promote any product or any service;
- Introduce or provide a link to any web sites that promote any product or any
service;
- Use any application or other manual or automatic device or process to
retrieve, index, or in any way reproduce or circumvent the navigational
structure or presentation of the Service or its contents.
- Collect information about the Service, visitors to the Site or users of the
Service without their express consent;
- Download, copy, reproduce, republish, upload, post, transmit, modify,
distribute or publicly display any of the content or information contained in
the Service except as expressly authorized by this Agreement;
- Host or redirect the communications protocols used by us as part of the
Service, including, without limitation, by protocol emulation, tunneling,
reverse engineering, modifying the Software or using a utility program to host
the Software;
- Sell, advertise, or post information on hacks for the Software, Cash Items or
Service and/or advertising, posting information on or selling hacks for any
other software or web sites;
- Exploit the Software, Cash Items or the Service for any commercial purpose,
including the provision of "power leveling" services;
- Make any changes to the Software, Cash Items or the Service to change "game
play," including, creating cheats and/or hacks or using third-party software to
access files in the Software or Service;
- Reverse engineer, decompile or disassemble all or any portion of the Service,
Cash Items or Software;
- Hack or alter the Software, Cash Items or the Service or connect to other
interfaces other than those provided;
controlling) to automatically function or effect any action in a game with or
without your presence;
- Use "packet sniffing," scripting and/or macroing software for any purpose
whatsoever, or otherwise monitor the Service, the Cash Items or the Software;
- Attempt to obtain a password or other private account information from any
other person or user of the Service; and/or
- Disclose your personally identifiable information or any other person's or
users personally identifiable information on the Site or through the Service, or
web sites or forums related to the Site or Service.
B.2.1 Chargeback.
Chargeback is a reversal, withdrawal or a return of funds to a customer which is
influentially initiated by the user or by the issuing bank.
The first offense penalty for unauthorized chargebacks will be an immediate
permanent ban in the game and in the payment gateway wherein the chargeback was
filed.
B.3 Games.
You shall comply with the terms and conditions of this Agreement and the terms
and conditions of all the game rules and policies provided in connection with
the game at all times.
B.3.1 Character Name.
he rules for Character Names follow the same rules as Nicknames identified in
Section A.6.
B.3.2 Game Forums.
While playing games, you may create and/or join existing forums as part of the
Service (the "Forums") for the purpose of communicating with other players.
While participating in a Forum, you must adhere to the rules set forth in
Section B.2 above, and you may not:
- Stop or hinder the normal course and pace of postings or chat in the Forum,
including through: (i) use of a macro; (ii) any mechanisms causing the Forum or
chat screen to scroll faster; (iii) posting "Spam" messages; and/or (iv) sending
repeated unsolicited or improper messages to a single user or keep posting like
messages in a Forum or chat area;
- Harass, threaten, stalk, embarrass or cause distress to any other person or
player; and
- Partake in any action that "scams" or defrauds any other player, especially
with respect to any items that a player has obtained.
Any thoughts posted and/or opinions expressed in the Forums do not reflect the
opinion(s) of the Company. We are not responsible for any errors or omissions in
postings, for links embedded in messages or for any results from the use of the
information contained in the Forums. Under no circumstances will we or our
parents, subsidiaries, affiliates, suppliers or agents be liable for any loss or
damage caused by any reliance on the information in the Forums or your use of
the Forums. You understand that any information posted in any Forum is being
made publicly available and may be collected and used by other users. When you
disclose any information in a Forum, you do so at your own risk. We have no
obligation to monitor the Forums, or any postings or other materials that you or
other players transmit or post on the Forums. However, you acknowledge and agree
that we have the right to monitor the Forums and the postings and other
materials you and the other players transmit and post; to alter or remove any
such materials (including, without limitation, any posting to a Forum); and to
disclose such materials to any third party in order to operate the Service
properly, to protect ourselves, our sponsors and our members and visitors and/or
to comply with legal obligations or governmental requests.
B.3.3 ItemMall / Cash items.
While playing our games, you will have the opportunity to visit our online store
("Item Mall") and use online "cash" ("K-Chings") to license a variety of virtual
items ("Cash Items"), which can be used while playing various games. In order to
obtain K-Chings (KOG Games virtual currency), you may be required to provide us
or another payment service designated by us (e.g., PayPal) with your credit card
information and other information related to your credit card transaction (e.g.,
your billing and shipping address on record with the applicable credit card
company, your credit card expiration date, etc.). For each "real world" U.S.
Dollar that you authorize us to charge to your credit card, you will be awarded
one hundred (100) units of K-Chings; provided, however, that we reserve the
right in our sole discretion at any time to change the number of units you will
be entitled to for each "real world" U.S. Dollar. YOU UNDERSTAND AND AGREE THAT
ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT
CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE
REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR
ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE ITEM MALL AND/OR
THE DISCONTINUATION OF THE SERVICE. K-CHINGS ARE NON-REFUNDABLE AND EXPIRE
WITHIN ONE YEAR OF THE PURCHASE DATE. You may also be awarded points ("Game
Points") for use in the item mall or through certain of our promoted events.
These Game Points have no "real world" value, but may be exchanged by you for
designated Cash Items in the item mall. Certain Cash Items have an expiration
date, while others have no expiration date ("Lifetime Items"). Each Cash Item
that you obtain using K-Ching or Game Points will be included in your Account
until the earlier of that Cash Item's expiration date (if it is not a Lifetime
Item), your Account expiration or termination date, or such date when the
Service ends. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR
CASH ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE CASH ITEMS. We have no
liability for "hacking" or loss of your Cash Items from your Account, provided
we will use reasonable discretion. We have no obligation or responsibility to
and will not reimburse you for any Cash Item or any experience lost due to your
violations of this and any other Company rules, policies, notices and/or
agreements. You understand that any credit card transaction-related information
will be treated by the Company in the manner described herein and in our Privacy
Policy, and, as applicable, in the manner described in the privacy policy of any
third-party payment service that we choose to use. You agree that all
information that you provide to the Company or a designated third-party payment
service will be accurate, current and complete. You hereby agree to pay all
charges incurred by you (or your child, if applicable) resulting from your use
of the Service at the price(s) in effect when such charges are incurred. You
will also be responsible for paying any applicable taxes relating to such
transactions. You understand that we may suspend or terminate your Account if
for any reason a charge you authorize us to make to your credit card cannot be
processed or is returned to us unpaid and, if such event occurs, you shall
immediately remit to us payment for such charge through the use of another
credit card or other payment mechanism. We shall not be responsible or liable
for any credit card or bank-related charges or fees related to any of your
transactions. We reserve the right, without prior notification, to limit the
order quantity on any Cash Item and/or to refuse to provide you with any Cash
item. Verification of certain information applicable to a transaction involving
a Cash Item may be required prior to our acceptance thereof. Price and
availability of the Cash Items are subject to change without notice. You agree
that you cannot and have no right to sell or otherwise transfer any of the Cash
Items, or any other content or information included in the Service, in whole or
in part, to any third person or entity whatsoever, including, without
limitation, on Internet auction sites or in return for anything of value
(including "real" money) or otherwise.
B.4 Hardware and Software Access. You hereby acknowledge that:
B.4.1 The Company has the right to obtain certain information about your
computer or software, including, your operating system, identification of your
hard drives, central processing unit, IP address, and Internet browser for
purposes of identification. The company may do this without any notification to
you. The information you provide to us will be used for internal purposes to
maintain the Account.
B.4.2 The Company has the right to obtain, without notification to you,
non-personal information from your connection to the Service or Site for
demographic purposes.
B.4.3 The Company has the right to obtain, without notification to you,
information from your computer or software, your computer's RAM, video card,
CPU, hard drive(s) and any other storage devices to assist our efforts in
policing users who may develop and/or use "hacks" and/or "cheats" to gain
advantage over other users.
C. POSTED INFORMATION.
Our Software and Service are intended solely for personal playing purposes. Some
information contained on our Site may be posted by third parties but that does
not indicate any approval or endorsement of such third parties or providers by
the Company. The Company expressly disclaims any liability with respect to
information posted by third parties. If you believe that certain content is
incomplete or inaccurate, please contact our customer service department at
my.koggames.com/support.
D. LINKS.
The Site may contain links to other Internet web sites. The Company does review
all of the web sites that are linked to the Site, and the Company has no control
over such sites. The Company is not responsible for the content of such web
sites nor do we approve or endorse any material contained on any linked site. It
is up to you to take precautions to ensure that whatever links you select is
free of such items as viruses or other harmful items.
E. COPYRIGHT INFRINGEMENT CLAIMS.
If you claim in good faith that any items presented by the Company infringe your
copyright, you may send us a notice requesting that the material be removed or
access to it blocked. The request should include: (i) a signature of the
complainant; (ii) description of the copyrighted work allegedly infringed; (iii)
where the alleged infringement is on the site; (iv) the relevant contact
information; (v) a summary statement of the issue. Notices and counter-notices
with respect to the Site may be sent to:
By email: legal@koggames.com
F. OWNERSHIP, LICENSING AND RESTRICTIONS ON USE.
F.1 Ownership. Other than the personal information and content submitted by
users of the Service, the Service and Software and all content included are
owned by KOG Games or its licensors, and are protected by United States and
other international intellectual property laws. You may not use our trademarks
and trade dress in connection with any product or service that is not ours.
F.2 Subject to the terms of this Agreement, KOG Games grants you a personal,
non-exclusive, non-transferrable, limited, fully revocable license to use the
Service, and its contents. You agree to not modify, publish, transmit, transfer,
sell, reproduce, upload, post, distribute, perform, display, create derivative
works from, or in any way exploit such content. Violation of the intellectual
property rights of KOG Games hereunder may subject you to civil liability and/or
criminal prosecution under applicable laws.
F.3 With any content you provide or create using the Service, you grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up,
sublicensable right throughout the world to exercise all copyright, publicity,
and other rights you have in the content in any media known now or in the
future. Such rights include, without limitation, all rights you have in use,
distribution, reproduction, modification, adaptation, creation of derivative
works, translation, public performance and public display of the content. You
also hereby waive any moral rights you may have in such content under the laws
of any jurisdiction. You hereby appoint us as your agent with full power to
enter into and execute any document and/or do any act we may consider
appropriate to confirm the grant of rights, consents, agreements, assignments
and waivers set forth in these Terms of Use. We reserve the right to remove or
modify any content you provide to us or otherwise post on the Site at our sole
discretion and without prior notice or any liability to you. You represent,
warrant and agree that none of the content you provide to or create using the
Service violates any third party's intellectual property or other rights or is
subject to any obligation, whether of confidentiality, attribution or otherwise,
we will not be liable for any use or disclosure thereof.
F.4 Software. You are entitled to use or download the Software upon your
acceptance of the terms and conditions of our Terms of Use Agreement.
G. ACCESS & USE BY MINORS.
Pursuant to 47 U.S.C. Section 230(d), we are notifying you that parental control
protections are available that may assist you in limiting access to material
that is harmful to minors. Please visit the following for more information:
http://www.netparents.org/parentstips/browsers.html.
H. PRIVACY/SECURITY.
You may not use the Service without consenting to the terms and conditions of
the Privacy Policy. Without limiting the foregoing, you understand that we do
not guarantee that your use of the Service and/or the information contained in
your Account will be private or secure, and we are not responsible or liable for
any lack of privacy or security you may experience. You are fully responsible
for taking precautions and providing security measures.
I. SERVICE INTERRUPTIONS.
We make no representation that materials available on or through the Service,
including, without limitation, the Software and the games, are appropriate or
available for use in all locations. Those who choose to access and/or use the
Service do so on their own initiative and at their own risk, and are responsible
for compliance with local laws. The Software is subject to United States export
controls as set forth in the Terms of Use Agreement. We reserve the right to
limit, suspend, interrupt or terminate the availability of the Service, in whole
or in part, to you and any other user or person, geographic area or
jurisdiction, at any time and in our sole discretion. You acknowledge and agree
that interruptions, delays and disruptions of the Service may occur and that the
Company has no control over third party servers, systems and/or networks which
may be utilized in connection with the functioning of the Service. The Company
hereby disclaims all liabilities with respect to all interruptions, delays and
disruptions of the Service.
J. TERMINATION AND DISCONTINUATION.
J.1 This Agreement shall remain effective until termination by either the
company or the user, or upon a discontinuation of our Services at any time for
any reason. If you wish to terminate your Account, you may do so by contacting
our customer service department at my.koggames.com/support. Upon our acceptance
of your request, your Account will be terminated. We reserve the right, with or
without notice to you, to suspend or terminate your Account and this Agreement
if you violate the terms and conditions of: (i) this Agreement, (ii) the Terms
of Use Agreement, and/or (iii) any of the Game Rules and Policies. We also
reserve the right, with or without notice to you, to suspend or terminate your
Account and this Agreement in our reasonable discretion.
J.2 Effect of Termination. Upon termination of this Agreement for any reason,
your right to use the Service shall immediately cease, and you shall destroy all
Software and other content obtained through your use of the Service and all
copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION
WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU
AUTHORIZED US OR ANY DESIGNATED PAYMENT SERVICE TO CHARGE TO YOUR CREDIT CARD(S)
IN CONNECTION WITH YOUR PURCHASE OF K-CHINGS.
J.3 Survival. Sections F.1, F.3, J.2, J.3, K, L, M, and P (as well as the
definitions applicable to such sections) shall survive any termination of this
Agreement or discontinuance of the Service.
K. DISCLAIMERS.
THE SERVICE (INCLUDING THE SITE, THE GAMES, THE CASH ITEMS, THE SOFTWARE AND ALL
OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE
SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW. THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY
ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE
COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS,
PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS
HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE
SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION,
ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY
USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR
USE OF THE SERVICE, THE ITEM MALL, ANY CASH ITEMS, THE SOFTWARE AND ALL OTHER
CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
L. LIMITATION OF LIABILITY.
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES,
ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION
DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS),
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF
OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE,
THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT
(INCLUDING, WITHOUT LIMITATION YOUR CASH ITEMS OR K-CHINGS), ANY LINKED SITE OR
ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS
TERMINATION OF THIS AGREEMENT AND ALL RELATED AGREEMENTS. THE MAXIMUM AGGREGATE
LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE
AMOUNT PAID BY YOU TO OBTAIN CASH ITEMS.
M. INDEMNIFICATION.
As a condition of your access to and use of the Service and/or Site, you agree
to indemnify, defend and hold the Company, our parents, affiliates,
subsidiaries, independent contractors, licensors, suppliers, advertisers,
partners, sub licensees and sponsors, and our and their directors, officers,
employees, consultants, agents, attorneys and other representatives, harmless
from and against any and all claims, damages, losses, liabilities, costs
(including reasonable attorneys' fees) and other expenses that arise directly or
indirectly out of or from (i) your access to and use of the Service and/or Site
and the content therein, including, without limitation, any allegations that any
content you submit or transmit while using the Service infringes or otherwise
violates the copyright, trademark, trade secret or other intellectual property
rights, privacy or publicity rights or other rights of any third person or
party; (ii) your violation of this Agreement, the Privacy Policy, any applicable
law or the rights of any other person; (iii) any dispute you have or claim to
have with one or more users of the Service and/or Site; (iv) the Company's
resolution (if any) of any dispute you have or claim to have with one or more
users of the Service and/or Site; (v) your improper authorization for the
Company to collect, use or disclose any data or content provided by you; and
(vi) any disclosures made with your permission (including, without limitation,
your consent that the Company disclose your personal information and other
information collected as set forth in our Privacy Policy).
N. QUESTIONS/COMMENTS.
If you have any questions, comments or complaints regarding this Agreement or
the Service, please contact our customer service department at
my.koggames.com/support. For inquiries related to business matters such as
licensing or merchandising, please contact us at bizdev@koggames.com. For
inquiries related to marketing, advertising, press, etc., please contact our
marketing department at marketing@koggames.com.
O. NOTICE FOR CALIFORNIA USERS.
Under California Civil Code Section 1789.3, users of the Service from California
are entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or
(800) 952-5210.
P. LIQUIDATED DAMAGES.
You acknowledge and agree that you are not permitted for any reason or under any
circumstances to hack, attempt file decryptions, crack encryptions, use cheats
and/or memory altering scripts or codes or utilize unauthorized third-party
manipulations programs, re-packer programs, game or client altering software or
client re-interpretation methods or codes to alter the play experience or gain
an unfair advantage in any of the KOG Games games. You also are prohibited from
doing the following: (1) use any type of hacks, bypass, decryptions (including
but not limited to file decryption software/methods), cheats and/or memory
altering scripts or codes to gain an unfair advantage over other users in any
KOG Games game; (2) manipulate and/or alter the game client and/or server memory
in order to gain unearned and unjustified K-Chings, in-game currency and/or any
other Items from any KOG Games game ; and (3) elevate your ranking in any KOG
Games game fraudulently or by any wrongful or unauthorized means. In addition
you agree not to create, design, reverse engineer, modify, disseminate, link,
distribute, provide access to or use any third party programs, bots, scripts,
codes, bypass, memory scanning software, hacks or cheats designed to alter the
game play or to modify the code to play the game differently than it was
intended by means of programs not permitted or authorized by KOG Games, which
include, but are not limited to: hacks, private servers, cheat engines, memory
altering scripts or codes (including but not limited to disconnection hacks),
auto clickers, any type of bots and/or game cheats. Any use, dissemination or
design of such programs shall be deemed a material breach by you of these Terms
of Service for which you will be liable to KOG Games for any resulting damages.
Because the damages resulting therefrom are difficult to ascertain, You agree
that if you host or operate a private server of a KOG Games game or host or
operate a hack site that sells hacks to a KOG Games game or if you distribute,
disseminate, design, code, moderate and/or provide free or paid access to
private forums that sell or distribute hacks, or assist in the design of any
private servers or third party programs (such as hacks) that alter the game play
of any KOG Games game, you shall pay the Company, as liquidated damages and not
as penalty, the sum of Two Hundred Thousand ($200,000) Dollars for each such
program (including patches) and versions thereof . You also agree that if you
use such a program to play any of the KOG Games games, or engage in the use of a
private server, you will have the unconditional obligation to pay KOG Games the
sum of Five Thousand ($5,000) Dollars, as liquidated damages and not as penalty,
for each time you use such a program, which shall be due and payable immediately
upon notification to you of said infraction.
Q. MISCELLANEOUS.
This Agreement is governed by and construed in accordance with the laws of the
State of California, United States of America, without regard to principles of
conflicts of laws that would result in the application of the law of a different
jurisdiction. You agree to submit to the exclusive jurisdiction of any State or
Federal court located in the County of Orange, United States of America, and
waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of this Agreement is found to be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining
provisions. Except as otherwise specifically provided herein, this is the entire
Agreement between us relating to the subject matter herein and supersedes any
and all prior or contemporaneous written or oral Agreements between us with
respect to such subject matter. This Agreement is not assignable, transferable
or sublicensable by you except with the Company's prior written consent. The
failure of the Company to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. Any heading,
caption or section title contained in this Agreement is inserted only as a
matter of convenience and in no way defines or explains any section or provision
hereof. The United Nations Convention on the International Sale of Goods is
explicitly excluded from this Agreement.
Terms Of Use (Version 1.06)
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ONLINE PRIVACY POLICY
KOG Games Inc. and its affiliated companies (“KOG Games", the "Companies," "we,"
"us") offer this web site (the "Site") and all Site-related services and
products, including, without limitation, massively multiplayer online
role-playing and multiplayer online casual games (the "Service") solely for
playing purposes. Our foremost goal is to create and maintain measures to
protect the privacy of our customers. Customer satisfaction is a great priority
for us and we realize that our success is dependent on respecting our customers’
rights. KOG Games respects the privacy of all visitors who visit the Site and
use the Service. However, we may collect certain information from visitors. This
Privacy Policy governs your interaction with the Site and your registration for
and use of the Service. Except as set forth within this Privacy Policy and our
Terms of Use and End User License Agreement or other published guidelines, we do
not release personally identifiable information about users without their
permission. By using the Service, you imply your acceptance to this Privacy
Policy, our Terms of Use, End User License Agreement, and other KOG Games rules,
policies, notices, agreements and guidelines. KOG Games reserves the right to
change its privacy policies as needed. If there any material changes to this
Privacy Policy, they will be posted on the Service and/or in an updated Privacy
Policy. Customer usage of our Service after the changes will be understood as
your acceptance of the changes.
The Company may gather the following types of information from the users:
1. Personal information provided by you on a voluntary basis. You may visit the
Site without providing us with any personally identifiable information.
However, if you sign up for an account or send us an e-mail, we require that
you provide us with certain personally identifiable information. If you make
purchases in connection with your use of the Service, you will be required
to provide us with your credit card information (including a valid credit
card number, expiration date and shipping and billing addresses). You will
be notified each time your personally identifiable information will be
collected by a third party payment service (or other third party). If you do
not wish to provide your personally identifiable information to any such
third party, you may choose to not provide your information at that time.
This Privacy Policy itself serves as notice to you that we collect
personally identifiable information at certain times during your use of the
Service
B. Non-personal information. Other than the personal information, when you
use the Service, we may collect information telling us which pages of the
Service you visit, the order in which you visit them and which hyperlinks
you "click." Collecting such information can involve logging your IP address
(i.e., the unique number assigned to your server or Internet Service
Provider ("ISP")), your MAC address, operating system specifications,
identification of your hard drives and other storage devices, and browser
software used to access the Service. We reserve the right to scan and obtain
information from your computer, software, and parts or portions thereof,
including, but not limited to, your computer's random access memory, video
card, central processing unit, hard drive(s) and any other storage devices
in order to assist our efforts in policing users who may implement programs
and/or scripts used to develop and/or use "hacks" and/or "cheats" to gain
advantage over other users. The scan shall detect the use of such programs,
including, but not limited to packet editors and cheat engines which are in
violation of KOG Games Terms of Use. These types of information are not
generally personally identifiable. We can determine from an IP address your
ISP and the geographic location of your point of connectivity. When you sign
up for any account, you also are asked to provide us with a username,
password and a Forum name. You must also provide a character name whenever
you create a character for your account.
The company uses "cookies" which are the customer identification cards for
the computers, or servers, that placed them there. Cookies are only read by
the server that placed them, and are unable to create any harmful codes or
viruses. We use cookies on our website. Insofar as those cookies are not
strictly necessary for the provision of our website and services, we will
ask you to consent to our use of cookies when you first visit our website.
KOG Games does not control the actions of our customers. Any information our
customers post in a bulletin board, chat room, or the Forum while visiting
our games may be used by other users. Any information disclosed will be at
your own risk; we are not responsible for information that you choose to
disclose on the Service, or for the actions of other users. We reserve the
right (but shall have no obligation) to monitor your use of bulletin boards,
chat rooms, guest books or other forums.
USE OF THE INFORMATION
When you give us your personal information, that allows us to fulfill your
product or service orders (by us or through third parties), alert you to new
products or services, features or enhancements, respond to your questions
and notify you about relevant contests and offers, and other services for
your benefit. KOG Games may combine the personally identifiable information
collected from you with data from third parties. We may share the
information that we collect from you with our affiliates, advertisers and
other business partners for a variety of purposes, including for the purpose
of such parties providing you with advertisements, promotions, marketing
materials or other materials or information related to products and services
which might be of interest to you.
KOG Games may use non-personal information to build a better and more
efficient online services by analyzing the collective characteristics and
behavior of our users, and by measuring demographics and interests regarding
specific areas of the Service. KOG Games also uses non-personally
identifiable information for security or debugging purposes, technical
support and to protect against user abuse. We use cookies to determine the
type of content and pages to which you link, the length of time you spend at
any particular area of the Service and/or the parts of the Service that you
choose to access or use. Cookies also allow KOG Games to serve you better
and more efficiently in providing you advertisements in which you may be
interested, and to personalize your experience while using the Service
(e.g., by "remembering" your username or password). We may provide
statistical information based on this non-personally identifiable
information or data to advertisers, affiliates and other current and
potential business partners. We may also use this information to inform
these parties as to the number of users who have seen and/or clicked on
links to their web sites. We may also combine your non-personally
identifiable information with your personally identifiable information for
these purposes and to provide you with "targeted" advertisements.
If you are a visitor from outside the United States, the personal
information you provide may be transferred to, stored, and processed within
the United States where we maintain facilities and business operations.
Transfers to the United States will be protected by appropriate safeguards,
namely the use of standard data protection clauses adopted or approved by
the European Commission, a copy of which can be obtained from
https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.
You acknowledge that personal data that you submit for publication through
our website or services may be available, via the internet, around the
world. We cannot prevent the use (or misuse) of such personal data by
others.
ILLEGAL ACTIVITIES
We reserve the right to release and/or use all information contained within our
databases, access logs or other records concerning you if you violate our Terms
of Use, End User License Agreement or other rules, policies, notices, agreements
or guidelines, or intentionally or unintentionally partake (or are reasonably
suspected of engaging) in any illegal activity, including, but not limited to,
hacking, even without a subpoena, warrant or other court order, and to release
such information in response to court and governmental orders, civil subpoenas,
discovery requests and as otherwise required by law, and/or to initiate our own
legal proceedings. We cooperate with law enforcement agencies in identifying
those who may be using the Service (or any part thereof) for illegal activities.
We also reserve the right to report any suspicious or suspected illegal activity
to law enforcement individuals or entities.
REMOVING PERSONAL INFORMATION; BUSINESS TRANSFERS
To remove your personal information removed from KOG Games databases, please
contact our customer service department at support.Elswordonline.com and we will
use reasonable efforts to comply with your request. However, there may be
residual information that will remain within KOG Games' databases and other
records, which may contain such personally identifiable information. This
information will not be used by us for commercial gain. However, we may contact
former users of the Service for qualify control and improvement purposes. If we
sell or transfer assets or portions of our business or our entire business to
our affiliated companies or third parties, user information (whether
non-personally identifiable or personally identifiable) may constitute one of
the transferred business assets and you hereby agree to all such transfers. In
addition, in the event we reorganize, file for bankruptcy or engage in similar
events (whether voluntarily or otherwise), user information (whether
non-personally identifiable or personally identifiable) may be transferred to
our successors and assigns.
CHILDREN
We do not knowingly collect or store personally identifiable information from
children (defined herein as minors younger than thirteen (13) years of age). The
Children's Online Privacy Protection Act imposes certain requirements on web
sites directed toward children under 13 that collect information on those
children, or on websites that know they are collecting personally identifiable
information from children under the age of 13. It is currently our policy not to
collect personally identifiable information from any person under 13 and we
request that children under the age of 13 not to provide any personal
information to us via the Site. Children under the age of 13 years old are
prohibited from creating their own account; but may use the Site and Service
under the strict guidance and supervision of their parents or guardian and only
when using their parent's or guardian's Service account. If we learn that we
have inadvertently gathered personally identifiable information from children
under 13 years old, we will attempt to notify such child's parent or guardian as
the owner of the account and erase such information from our records.
If you are the parent or guardian of a child who is between the ages of thirteen
and eighteen (18) who has created his or her own account or is authorized by you
to use your account (if under the age of 13), we urge you to instruct your child
to NEVER give out his or her real name, address, phone number or other
personally identifiable information while using the Service. If you are under
the age of eighteen (18), you should encourage your parents or guardian to
review this policy and to contact us with any questions. If you are under the
age of thirteen (13) years old, you should not attempt to register for an
account and should not otherwise access this Site or Service without the
unequivocal permission of your parents or guardian.
PROMOTIONS, CONTESTS & SWEEPSTAKES
At times, KOG Games will host or sponsor promotions, contests, sweepstakes, or
other third party events and promotions in conjunction with the Service. All
policies and regulations for such promotions, contests or sweepstakes will be
posted in conjunction with the applicable, official rules.
WEB SITE LINKS
The Site may contain links to other Internet web sites. Unless otherwise
explicitly stated, we are not responsible for the actions or the privacy
practices or the content of such web sites.
YOUR CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits
customers of KOG Games who are California residents to request certain
information from the Company regarding its disclosure of personal information to
third parties for their direct marketing purposes. To make such a request,
please write to us at:
By email: marketing@koggames.com
QUESTIONS OR COMMENTS
Questions or comments regarding this Privacy Policy should be directed to our
customer service department at my.koggames.com/support
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