You must be at least 18 years of age to use the Services. If you are under 18 years of age, the Website and game are not intended for you.
1. LEGAL AGREEMENT
You must also accept and comply with all rules of external platforms applicable to specific Game, including but not limited to, PlayStation®4 licenses and other Sony rules. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of the Terms of Service by you.
2. DESCRIPTION OF USE/SERVICE
PARK ESM provides a free-to-play, multi-player online Game to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access the Game, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that PARK ESM is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. PARK ESM does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
In order to use the Services, you will need to create a community account (an "Account"). To create an Account, you must have an email address and will be required to provide certain information. You agree that you will provide all information truthfully and accurately, so that we have correct details about you and your Account.
Specifically, in order to access the Services for PlayStation®4 Games, you need to have a Sony Entertainment Network account.
When creating an Account which involves forming a unique user identity ("User ID") and password, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely responsible for your User ID. PARK ESM will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, PARK ESM may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service including the official Operation7 Revolution forums.
PARK ESM is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold PARK ESM harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and PARK ESM is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify PARK ESM of any unauthorized use of your Account or any other breach of security in relation to the Website. PARK ESM provides you with the choice to change your password in order to safeguard your Account.
The Account you create is personal to you and PARK ESM does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by PARK ESM) may result in suspension or termination of your Account.
You may terminate your Account at any time, for any reason or no reason, by requesting to PARK ESM Support
4.LIMITED USE LICENSE
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services ("Interactive Areas") in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of PARK ESM. PARK ESM strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to PARK ESM all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and PARK ESM shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following.
1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity.
5. Unsolicited promotions, political campaigning, advertising or solicitations.
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
7. Viruses, corrupted data or other harmful, disruptive or destructive files.
8. User Content that violates the Rules of Conduct or that, in the sole judgment of PARK ESM, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose PARK ESM or its users to any harm or liability of any type.
You understand and agree that when you communicate with other players within the Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through PARK ESM servers, and PARK ESM may, but is not obligated to, monitor all such communications and postings, including those that are designated as "private." You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
7. LINKS AND HYPERLINKS
The Website and/or the Service may contain links to websites operated by other parties. PARK ESM provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of PARK ESM, and PARK ESM is not responsible for the content available on the other sites. Such links do not imply endorsement by PARK ESM of information or material on any other site, and PARK ESM disclaims all liability with regard to your access to and use of such linked websites.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray PARK ESM or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PARK ESM logo or other proprietary graphic of PARK ESM to link to this Website without the express written permission of PARK ESM. Further, you may not use, frame or utilize framing techniques to enclose any PARK ESM trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without PARK ESM's express written consent.
8. UPDATES AND MODIFICATIONS
YOU DO NOT HAVE TO PAY ANY REGISTRATION FEES TO CREATE AN ACCOUNT. IF YOU ARE PLAYING OUR GAMES ON SONY PLAYSTATION PLATFORMS, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THIS PLATFORM. THE CHARGING AND BILLINGIN SUCH GAMES ARE SUBJECT TO RULES OF THE THAT PLATFORM. PARK ESM DISCLAIMES ANY LIABILITY OF ANY NATURE FOR SUCH PLATFORM’S ACTIONS.
PARK ESM may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items ("Virtual Goods") ANY APPLICABLE VIRTUAL GOODS, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. VIRTUAL GOODS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. You agree that you will provide accurate and complete payment information to the third-party payment provider used by PARK ESM for purchasing Virtual Goods or other fee-based activities in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. PARK ESM may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. If there is a dispute regarding payment of fees to PARK ESM, your Account may be closed without warning or notice at the sole discretion of PARK ESM.
10. INTERRUPTION OF USE/SERVICE
1. PARK ESM reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that PARK ESM will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
2. You acknowledge that the Use/Service may be interrupted for reasons beyond the control of PARK ESM, and PARK ESM cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. PARK ESM shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
3. PARK ESM has the right at any time with or without reason to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.
4. PARK ESM is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Use/Service by reason of any of the circumstances described in paragraph (1) or (2).
11. ACCOUNT TERMINATION
PARK ESM MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
PARK ESM may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. PARK ESM retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. PARK ESM considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of PARK ESM. Notwithstanding the foregoing, PARK ESM always retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you herby acknowledge that PARK ESM has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact PARK ESM with a full detailed explanation.
You have the right to terminate or cancel your Account at any time by delivering notice to PARK ESM Extremes.
You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of:
(a) any term of this Agreement or PARK ESM's enforcement or application of this Agreement
(b) the User Contents
(c) your ability to access and/or use the Service or the Website
(d) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no credits (e.g., golds or OP-Cash in the game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before PARK ESM may allow you to register again.
13. WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. THE USE/SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PARK ESM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE USE/SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. PARK ESM DOES NOT REPRESENT OR WARRANT THAT THE USE/SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. PARK ESM ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. PARK ESM AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. WHILE PARK ESM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, PARK ESM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
5. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY PARK ESM.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL PARK ESM BE LIABLE TO YOU OR ANY OTHER PERSON 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), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF PARK ESM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PARK ESM BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO PARK ESM FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of PARK ESM shall be limited to the fullest extent permitted by applicable law.