OVERVIEW
These terms and conditions, as amended from time to time
("Terms of Service" or this
"Agreement"), are a legal agreement between
Aither Entertainment Limited ("Company" or
"Aither") and you (or the
"User"). Please read these terms and
conditions, including Aither's' privacy policy, before you use
any of Aither's websites, including www.aitherentertainment.com,
www.aitherhk.com, www.aither.world and www.aither.pw
(collectively, the "Sites") or any Aither game
provided on an iOS and/or Android mobile platform (collectively,
the "Service").
Before accessing or using the Service, including browsing any
Aither website or accessing a game, you must agree to these
Terms of Service and the Privacy Policy. You may also be
required to register an account before usage of the Service (an
"Account"). By registering for an Account or
otherwise using the Services, you represent that you are age 13
or older. If you are between the ages of 13 and 17, you
represent that your legal guardian has reviewed and agreed to
these Terms of Service. If you access the Service from a Social
Networking Site ("SNS"), such as Facebook or
Google+, you shall comply with its terms of service /usage as
well as these Terms of Service. If you do not agree to these
Terms of Service and the Privacy Policy, please do not install,
use or access the Service.
Aither reserves the right to change, modify, add or remove
portions of these Terms of Service and the Privacy Policy at any
time upon notice by e-mail or on its Sites. You will be deemed
to have accepted such changes by continuing to use the Service.
If at any point you do not agree to any portion of the
then-current version of Terms of Service and Privacy Policy,
your license to use the Service shall immediately terminate, and
you must immediately stop using the Service.
SECTION 1 - LICENSE
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License Grant. Subject to the User's
agreement and continuing compliance with these Terms of
Service and Privacy Policy, Aither grants the User the
non-exclusive, non-transferable, non-sublicensable, revocable,
limited right to access the Service for User's non-commercial
entertainment purposes. The User agrees not to use the Service
for any other purpose. Unless otherwise authorized, the User
may not use, copy, reproduce, modify, publicly perform or
display, create derivative works of, sell, auction, loan,
lease, rent, distribute, transfer or disclose all or any part
of the Service (including, without limitation, any
screenshots, videos, documentation or manuals relating to the
Service), except as provided in this Agreement. All other
rights are reserved to Aither.
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Login information and Account. The User may
be required to select a password for Account or the User may
also use other credentials to access the Account ("Login Information"). The User shall neither share the Account nor the Login
Information, nor let anyone else access the User's Account. In
the event the User becomes aware of or reasonably suspects any
breach of security, including without limitation any loss,
theft, or unauthorized disclosure of the Login Information,
the User must immediately notify Aither and modify the User's
Login Information. The User is solely responsible for
maintaining the confidentiality of the Login Information, and
all uses of the Login Information, including purchases. The
User is responsible for anything that happens through the
Account. Aither reserves the right to remove or reclaim any
usernames at any time and for any reason, including but not
limited to claims by a third party that a username violates a
third party's rights.
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License Restrictions. Unless otherwise
authorized by this Agreement or Aither in writing, the User
shall not:
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Sublicense, transfer, transmit, distribute, or permit
usage of the Service to or by, any third party;
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Engage in any act that Aither deems to conflict with the
spirit or intent of the Service or make improper use of
Aither's support services.
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Reverse engineer, decompile, or disassemble, decipher any
aspect of the Service and Aither's games, including
setting up competing networks such as shadow servers, gray
shards, or pirate servers;
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Transmit or communicate any data that is unlawful,
harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
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Impersonate any person or entity or falsely state or
otherwise misrepresent the User's affiliation with a
person or entity;
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Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any data transmitted to other
users;
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Transmit, access or communicate any data that the User
does not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside
information, proprietary and confidential information
learned or disclosed as part of employment relationships
or under non-disclosure agreements);
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Transmit, access, or communicate any data that infringes
any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
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Transmit or communicate any data that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
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Disrupt, interfere with or otherwise adversely affect the
normal flow of the Service or otherwise act in a manner
that may negatively affect other users' experience when
using the Service or playing Aither's games. This includes
but are not limited to win trading and any other kind of
manipulation of rankings, taking advantage of errors in
the Service to gain an unfair edge over other players and
any other act that intentionally abuses or goes against
the design of the Service.
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Disrupt, overburden, or aid or assist in the disruption or
overburdening of any computer or server used to offer or
support the Service or any Aither's game environment.
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Monitor traffic or make search requests in order to
accumulate information about individual users;
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"Stalk" or otherwise harass another person in Aither's
game environment or when using the Service;
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Unless otherwise approved by Aither in writing, upload,
post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation;
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Use the Service in any way related to gambling or illegal
lotteries or illegal sweepstakes;
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Harm the Service including but not limited to the using of
any programs or other mechanisms to slow or "crash" the
network or server used by AIther;
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Engage in any activity or install any software to
facilitate activities which are or can be considered
cheating or hacking so as to gain an advantage over other
users as judged by Aither;
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Use the Service to engage in any activity that is obscene
or overtly sexual;
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Use or take part (directly or indirectly) in the use of
cheats, exploits, automation software, bots, hacks, mods
or any unauthorized third-party software designed to
modify or interfere with the Service or Aither's game;
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Modify or cause to be modified any files that are a part
of the Service or any Aither's game without Aither's
express written consent;
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Institute, assist, or become involved in any type of
attack, including without limitation distribution of a
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;
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Attempt to gain unauthorized access to (i) the Service,
(ii) Accounts registered to others or (iii) Aither's
computers, servers, or networks which are connected to the
Service; by any means other than the user interfaces
provided by Aither, 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;
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Post any information that is abusive, threatening,
obscene, defamatory, libelous, or racially, sexually,
religiously, or otherwise objectionable or offensive or
engage in ongoing toxic behavior, such as by repeatedly
posting information on an unsolicited basis;
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Post any information that contains nudity, excessive
violence, or offensive subject matter or that contains a
link to such content;
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Attempt to, or harass, abuse, or harm, or advocate or
incite harassment, abuse, or harm of another person,
group, third parties, including Aither's employees as well
as Aither's customer service representatives;
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Solicit or attempt to solicit Login Information or any
other login credentials or personal information from other
users of the Service or any of Aither's games;
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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;
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Allow usage by others in such a way so as to violate this
Agreement or in Aither's sole discretion to be
unacceptable to Aither.
Notwithstanding the above, Aither reserves always the right to
determine what conduct it considers to be in violation of the
rules of use. Aither furhter reserves the right to take action
as a result, which may include terminating the User's Account
and prohibiting the User from using the Service in whole or in
part.
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Indemnification. The User (i) agrees to
indemnify, defend and hold harmless, and (ii) hereby releases,
Aither, its licensors, and their direct and indirect parent,
subsidiary and affiliated corporations, and their respective
officers, directors, employees, and agents from and against
any and all losses, liabilities, claims, obligations, costs
and/or expenses (including reasonable legal fees) which result
from, arise out of or in connection with the User's use of the
Service or activities related thereto or the User's actual or
alleged violation of this Agreement.
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Technical Information; Monitoring; Privacy Issues.
The
User shall be required to provide to Aither, or allow Aither
to collect on an ongoing basis, as a condition of using the
Service, certain information, including, but not limited to,
certain specifications of User's hardware, DxDiag DirectX (or
similar Macintosh or Linux) diagnostic information, video
cards, drivers, operating system and software (collectively
"Technical Information") and the User hereby
specifically grants Aither the right to upload or collect such
Technical Information from the User's computer system during
his or her use of the Service, for the purpose of evaluating
and improving the Service. Aither' retention and use of all
Technical Information shall be subject to Aither' posted
Privacy Policy, as that policy may be modified by Aither in
its discretion from time to time. Without in any way limiting
Aither's rights with respect to such information as set forth
in the privacy policy, the User acknowledges that subject to
this Agreement, any and all world content and data that is
stored and is resident on Aither' servers, and any and all
communications that he or she makes within the Service
(including, but not limited to, messages solely directed at
another player or players) or traverse through Aither'
servers, may or may not be monitored by Aither personnel.
Aither has the right, but not the obligation to monitor the
User's activities thereon, including the User's
communications. Aither may remove or edit any of the User's
information, communication, or other contributions associated
with the usage of the Service.
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Term of the Agreement. The grant of license
herein, may be terminated by Aither at any time, for any
reason or for no reason, in Aither' sole and absolute
discretion. Aither may or may not provide written, electronic
or emailed notice to User regarding termination of account.
The User may, at any time and for any reason or for no reason,
terminate this Agreement by uninstalling the Service. At
termination, the User shall erase all copies of the Service
from the User's hardware.
Notwithstanding the above, Aither reserves the right to stop
offering and/or supporting the Service or a particular game or
part of the Service at any time, at which point user's license
to use the Service or a part thereof will be automatically
terminated. In such event, Aither shall not be required to
provide refunds, benefits or other compensation to the User in
connection with such discontinued Service.
Termination of an User's Account can include disabling access
to the Service or any part thereof, including any content user
submitted or others submitted.
SECTION 2 - OWNERSHIP
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Aither's Intellectual Property. Except for
the revocable, limited license expressly granted hereunder,
Aither retains all rights, title and interests in and to all
intellectual property rights associated with the Service and
all copies thereof, use thereof by the User, and all world
content and data in connection therewith including any
information or data collected from the Users. These rights
include, but are not limited to, all intellectual property and
other rights in and to the User's suggestions or comments,
including those that may be used in modifying the Service. The
Service is copyrighted and is protected by Hong Kong copyright
laws and international treaty provisions as well as all other
relevant and applicable laws. The User acknowledges that the
Service contains valuable trade secrets of Aither, and that
Aither and/or its licensors own all intellectual property
rights in and to the Service, including, without limitation,
all patent rights, copyrights, inventions, trade secret
rights, trade dress rights, trademark rights and intellectual
property rights therein and thereto. The User may not remove
the copyright and other proprietary rights notices from the
Service. The User agrees that this Agreement shall be retained
with all copies of the Service and documentation constituting
the Service. The User agrees to prevent any unauthorized
copying or distribution of the Service. Except for the license
as expressly provided herein, Aither does not grant the User
any express or implied right in any patents, copyrights,
trademarks, or trade secret information of Aither and/or its
licensors.
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Licensed Intellectual Property. Aither,
through arrangements with licensors, use the Service to
incorporate certain external intellectual property ("Licensed Intellectual Property") into the Service. This Licensed Intellectual Property
shall remain the property of the licensors and any and all
intellectual property rights thereto shall remain with the
licensors.
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Games and Service. All rights, title and
interest in and to the Service (including without limitation
any games, titles, computer code, themes, objects, characters,
character names, stories, dialogue, catch phrases, concepts,
artwork, animations, sounds, musical compositions,
audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile
information, recordings of games played using a Aither's game
client, and the Aither's game clients and server software) are
owned exclusively by Aither. Aither reserves all rights,
including without limitation, all intellectual property rights
or other proprietary rights, in connection with its games and
the Service.
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Accounts. Notwithstanding anything to the
contrary herein, the User acknowledges and agrees that he or
she shall have no ownership or other property interest in the
Account, and the User further acknowledges and agrees that all
rights in and to the account are and shall forever be owned by
and inure to the benefit of Aither.
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Virtual Items. Aither owns, has licensed, or
otherwise has rights to use all of the content that appears in
the Service or in Aither's games. Notwithstanding any
provision to the contrary herein, the User agrees that he or
she has no rights to or titles in or to any content that
appears in the Service, including without limitation the
virtual goods or currency appearing or originating in any
Aither's game, whether earned in a game of Aither's or
purchased from Aither, or any other attributes associated with
an Account or stored on the Service.
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Third Party Sites. The Service may also be
hosted on or served through certain third-party web sites. The
User agrees to be responsible for reading and complying to the
terms of such third-party web sites.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Aither is not responsible if information made available on its
Sites are not accurate, complete or current. The materials
appearing on the Sites are provided for general information only
and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on
the materials on the Sites is at the User's own risk.
The Sites may contain certain historical information. Historical
information is not necessarily current and is provided for
reference only. Aither reserves the right to modify the contents
of the Sites at any time, but it shall have no obligation to
update any information on the Sites. The User thereby agrees
that it is his/ her own responsibility to monitor changes to
Aither's Sites.
The User understands that the Service is an evolving one. Aither
may require that the User accepts updates to the Service and to
Aither's games which the User has installed on the User's device
or computer. The User acknowledges and agrees that Aither may
update the Service and Aither's games, with or without notifying
the User. The User may need to update third party software from
time to time in order to receive the Service and play Aither's
games.
SECTION 4 - USER CONTENT
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Submission of User Content. "User Content"
means any communications, images, sounds, and all the
material, data, and information that user upload or transmit
through a Aither's game client or the Service, or that other
users upload or transmit, including without limitation any
chat text. By transmitting or submitting any User Content
while using the Service, the User affirms, represents and
warrants that such transmission or submission is (a) accurate
and not confidential or misleading; (b) not in violation of
any laws, contractual restrictions or other third party
rights, and that the User has permission from any third party
whose personal information or intellectual property is
comprised in the User Content; and (c) free of viruses,
adware, spyware, worms or other malicious code.; The User
further acknowledges and agrees that any of the User's
personal information embedded within such User Content will at
all times be processed by Aither in accordance with its
Privacy Policy.
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Content Screening. Aither assumes no
responsibility for the conduct of any user submitting any User
Content, and assumes no responsibility for monitoring the
Service for inappropriate content or conduct. Aither does not,
and cannot, pre-screen or monitor all User Content. The User's
use of the Service is at the User's own risk. By using the
Service, the User may be exposed to User Content that is
offensive, indecent or otherwise not in line with the User's
expectations. The User bear all risks associated with the use
of any User Content available in connection with the Service.
At Aither' discretion, Aither's representatives or technology
may monitor and/or record the User's interaction within the
Service or communications (including without limitation chat
text) when the User uses the Service.
By entering into these Terms of Service, the User hereby
provides Aither his /herirrevocable consent to Aither's
monitoring and recording of User Content. The User
acknowledges and agrees that he or she has no expectation of
privacy concerning the transmission of any User Content,
including without limitation chat text or voice
communications.
Aither reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete, disable access to or
otherwise make unavailable any User Content without notice for
any reason or for no reason at any time. If at any time Aither
chooses, in its sole discretion, to monitor the Service,
Aither nonetheless assumes no responsibility for User Content
and assumes no obligation to modify or remove any
inappropriate User Content. Aither has the right, but not the
obligation, in its sole discretion to edit, refuse to post, or
remove any User Content.
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Information Use by Other Members of the Service
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Public Discourse. The Service may
include various forums, blogs and chat features where the
User can post User Content, including the User's
observations and comments on designated topics. Aither
cannot guarantee that other members will not use the ideas
and information that the User shares. Therefore, if the
User has an idea or information that the User would like
to keep confidential and/or does not want others to use,
the User should not post it on the Service. Aither shall
have no responsibility to evaluate, use or compensate the
User for any ideas or information which the User may
choose to submit.
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Responsible For User's Own Content. The
Users are solely responsible for the information that each
User posts on, through or in connection with the Service
and that the User provides to others. Aither may reject,
refuse to post or delete any User Content for any or no
reason, including, but not limited to, User Content that
in the sole judgment of Aither violates these Terms of
Service.
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User's License to Aither. The User hereby grants to Aither
an irrevocable, perpetual, transferable, fully paid-up,
royalty-free, worldwide license (including the right to
sublicense and assign to third party) and right to copy,
reproduce, fix, adapt, modify, create derivative works
from, manufacture, commercialize, publish, distribute,
sell, license, sublicense, transfer, lease, transmit,
publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer
memory, and use and practice, in any way, the User's User
Content as well as all modified and derivative works
thereof in connection with our provision of the Service,
including marketing and promotions of the Service. The
User also hereby grants to Aither the right to authorize
others to exercise any of the rights granted to Aither
under these Terms of Service. The User further hereby
grants to Aither the unconditional, irrevocable right to
use and exploit User's name, likeness and any other
information or material included in any User Content and
in connection with any User Content, without any
obligation to User. Except as prohibited by law, the User
waives any rights of attribution and/or any moral rights
which the User may have in the User Content, regardless of
whether User Content is altered or changed in any manner.
Aither does not claim any ownership rights in the User
Content and nothing in these Terms of Service is intended
to restrict any rights that the User may have to use and
exploit his or her User Content. Aither has no obligation
to monitor or enforce User's intellectual property rights
in or to any of the User Content.
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User Interactions. The Users are solely responsible for
the User's interactions with other users of the Service
and any other parties with whom User interact through the
Service and/or Aither games. Aither reserves the right,
but has no obligation, to become involved in any way with
these disputes. The User will fully cooperate with Aither
to investigate any suspected unlawful, fraudulent or
improper activity, including, without limitation, granting
Aither access to any password-protected portions of User's
Account.
If the User has a dispute with one or more other users,
the User releases Aither (and Aither's and its
subsidiaries', joint ventures' and affiliated
corporations' respective officers, directors, agents, and
employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such
disputes.
SECTION 5 - FREES AND PURCHASE TERMS
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Purchases. In the usage of the Service, the
User may purchase, with "real world" money, a limited,
personal, non-transferable, non-sublicensable, revocable
license to use (a) "virtual currency", including but not
limited to virtual cash or golds, all for use in Aither's
games; (b) "virtual in-game items" (together with "virtual
currency", "Virtual Items"); and (c) other
goods or services ("Merchandise"). User are
only allowed to purchase Virtual Items from Aither or Aither's
authorised partners through the Service, and not in any other
way.
Aither may manage, regulate, control, modify or eliminate
Virtual Items and/or Merchandise at any time, with or without
notice. Aither shall have no liability to the User or any
third party in the event that Aither exercises any such
rights.
The transfer of Virtual Items and Merchandise is prohibited
except where expressly authorized in the Service. Other than
as expressly authorized in the Service, the User shall not
sell, purchase, redeem or otherwise transfer Virtual Items or
Merchandise to any person or entity or attempt any of the
aforesaid, including but not limited to Aither, another user
or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH
THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Aither's games is a
service provided by Aither that commences immediately upon
acceptance by Aither of the User's purchase of the relevant
Merchandise and/ or Virtual Items.
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Payment of Fees. The User agrees to pay all
fees and applicable taxes incurred by User or anyone using an
Account registered. Aither may revise the pricing for the
goods and services offered through the Service at any time.
THE USER ACKNOWLEDGES THAT AITHER IS NOT REQUIRED TO PROVIDE A
REFUND FOR ANY REASON, AND THAT THE USER WILL NOT RECEIVE
MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN
ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
INVOLUNTARY.
SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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No Warranty. THE USER ACKNOWLEDGES THAT THE
SERVICE MAY WELL CONTAIN ERRORS AND DEFECTS. THE SERVICE IS
PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF
ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
SERVICE LIES WITH THE USER. SHOULD THE SERVICE PROVE DEFECTIVE
FOLLOWING THE RECEIPT BY THE USER, USER AND NOT AITHER ASSUMES
THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. WITHOUT
LIMITING THE FOREGOING, AITHER DOES NOT ENSURE CONTINUOUS,
ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE.
THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF
THIS AGREEMENT.
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No Liability For Damages. TO THE GREATEST
EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL AITHER, ANY
PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY, OR ANY OF ITS
RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY
OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST
PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE APPLICATION EVEN IF ANY OF THE ABOVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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No Support. Aither does not provide any
guaranteed support for the Service. However, Aither may
provide an e-mail address, certain documentation, and/or forum
for the User to send any questions and/or comments regarding
the Service. Aither does not, however, make any
representations or warranties as to the accuracy of any
statements or advice provided in documentation or response to
User's e-mail(s) and/or board postings.
SECTION 7 - INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Aither
and Aither's parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, damages or other losses,
including reasonable attorneys' fees, made by any third-party
due to or arising out of or in connection with the User's breach
of these Terms of Service or the documents they incorporate by
reference, or the User's violation of any law or the rights of a
third-party.
SECTION 8 - SEVERABILITY
In the event that any provision of these Terms of Service or of
the Privacy Policy is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these
Terms of Service or the Privacy Policy and such determination
shall not affect the validity and enforceability of any other
remaining provisions.
SECTION 9 - TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this
agreement for all purposes. These Terms of Service are effective
unless and until terminated by either the User or Aither. The
User may terminate these Terms of Service at any time by
notifying Aither that the User no longer wishes to use Aither's
Services.
SECTION 10 - ENTIRE AGREEMENT
These Terms of Service and Privacy Policy contain the entire
understanding of the User and Aither, and supersede all prior
understandings of the parties hereto relating to the subject
matter hereof, whether electronic, oral or written, or whether
established by custom, practice, policy or precedent, between
the User and Aither with respect to the Service.
SECTION 11 - FORCE MAJEURE
Aither shall not be liable for any delay or failure to perform
resulting from causes outside the reasonable control of Aither,
including without limitation any failure to perform hereunder
due to unforeseen circumstances or cause beyond Aither's control
such as acts of God, war, terrorism, riots, embargoes, acts of
civil or military authorities, fire, floods, accidents, strikes,
or shortages of transportation facilities, fuel, energy, labor
or materials.
SECTION 12 - EQUITABLE REMEDIES
The User acknowledges and agrees that a breach or threatened
breach of any covenant contained in this Agreement would cause
irreparable injury, that money damages would be an inadequate
remedy and that Aither shall be entitled to temporary and
permanent injunctive relief, without the posting of any bond or
other security, to restrain the User, from such breach or
threatened breach. Nothing in this Section shall be construed as
preventing Aither from pursuing any and all remedies available
to it, including the recovery of money damages from the User.
SECTION 13 - GOVERNING LAW
These Terms of Service and Privacy Policy under which Aither
provides the Users the Services shall be governed by and
construed in accordance with the laws of, the Special
Administrative Region of Hong Kong.
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at in
writing to either 21/F., Park Avenue Tower, 5 Moreton Terrace,
Causeway Bay, Hong Kong or [email protected].