Terms of Use for Riida.com's Games

Last Updated: December 1, 2011

Thank you for using service of Riida.com (“we” or “us”). The purpose of these Terms of Use for Riida.com's Games (“Terms of Use” or “TOU”) is to provide and stipulate rights, obligations between you and us, and necessary matters concerning the use of Riida.com's Games (“Service”). Riida.com shall mean the service that makes our various services available for you to access through one account.

These Terms of Use shall not substitute for other terms of use or agreements for specific and particular service and shall be applied along therewith.

Please carefully read these Terms of Use and determine to whether agree or not.

1. Scope of Application

        These Terms of Use shall be applied to the use of our various services, including, but not limited to, our website, on-line game service, social network service such as Riida.com's games.

2. Agreement and Modification to TOU

     A.  You will gain a membership for our Service by your agreeing to these Terms of Use and fulfilling the procedure for joining. These Terms of Use shall be effective from the last updated date set forth above and be applied between you and us from the date when you gain a membership for our Service.

     B.  We will place and publish these Terms of Use on the bottom of our website (www.pocketsummoner.com in order to enable you to easily check and verify these Terms of Use.

     C.  In the event that we, at our sole discretion, determine and judge that the modification of these Terms of Use is necessary, these Terms of Use may be modified whether in whole or in part, from time to time. Whenever these Terms of Use are modified, we will notify the content, cause and effective date of modification to you within prior fifteen (15) days from the effective date of the modified Terms of Use, or prior thirty (30) days therefrom if they will have an important effect on your rights and/or obligations.

     D.  In spite of our modification notice that are including the sentence “if you express your opposite intention to us within fifteen (15) days from the receipt date of this notice, you are deemed to agree to the modification of these Terms of Use” or other sentences that which have the same intent, in the event that you don’t express your opposite intention to us during such period, you will be deemed to agree to the modification of these Terms of Use.

     E.  You shall have the obligation to pay attention to the modification of these Terms of Use from time to time by visiting our website using the language that you can read or checking your e-mail provided by you to us.

3. Account

     A.  You have to create your own account for gaining a membership. The account is composed of (a) information that enable us to identify you and (b) information that enable us to certificate you. The former information (a) is your e-mail address. The latter information (b) is called and written as PASSWORD, and shall be combination of alphabet and number.

     B.  You may simply access and use our various services through one account. If we grant any merits or mileage to your account, such merits or mileage belongs to respective account and shall not be combined.

     C.  In the event we request that you go through an e-mail certification process selected as your ID, you shall follow our instruction for the e-mail certification.

     D.  Your ID or nick name will be limited, deleted or modified without prior notice, in the event that your ID or nick;

        (i) infringes or damages rights, reputation, credit of third parties; or

        (ii) raises any confusion, misunderstanding such as you are a celebrity or operator of the Service, or have an aim to do so; or

        (iii) uses or includes curse, abuse, obscene words or expression; or

        (iv) has commercial or for-profit purposes; or

        (v) repulses, revokes, shocks other members; or

        (vi) is, at our sole reasonable discretion, determined or judged not to inappropriate or be improper in the course of using the Service.

     E.  You shall have sole responsibility for securing or protecting and we shall not be responsible for abusing or illegally using your account by other persons without our willful or gross negligence.

4. Approval and Use of Service

     A.  We will approve your application for joining a member, provided that there are no technical, commercial, legal problems or issues. We, however, shall reserve rights to deny your application or suspend our approval in the case that;

        (i) you illegally use, abuse, steal any third party’s name; or

        (ii) you provide false or third party’s information or don’t provide or fill out any information necessary in connection with using the Service; or

        (iii) you use the Service with intent to infringe, damage, disturb the public order, social security, beautiful and fine customs or for the purpose of commerce, business, profit; or

        (iv) your application dose not complete or meet any requirement of these Terms of Use; or

        (v) you violate any provisions of these Terms of Use; or

        (vi) there is not available equipments, facilities; or

        (vii) there is termination record about you within lately one (1) month; or

        (viii) you violate or don’t comply with any laws, regulations, rules or terms and conditions of these Terms of Use.

     B.   We will provide and maintain the Service twenty-four (24) hours per day, twelve (12) months per year, provided that there are no technical, commercial, legal problems. We may discontinue, suspend providing the Service at any time for any duration because of, including, but not limited to, inspection for system, change or substitution of equipments, facilities. In the case, we will announce or notify you of it reasonably prior to discontinuation or suspension unless absolutely compelled.

     C.  We may, if necessary at our sole discretion, modify, change, discontinue the contents of Service. This modification or discontinuation will be notified or announced to you in reasonable advance. We shall not be responsible for any problems occurring after the notice or announcement.

5. Use of Minor and Consent of Parents

     A.  If you are minor, under the legal age of majority in state, country of your residence, you shall obtain consent from one of your parents and/or your legal guardians for joining member and using this Service. You may be requested the proof or verification of your age or such consent by us.

     B.  If you are minor and agree to these Terms of Use and join a member without the consent of your parents and/or guardians, you, your parents and/or your guardians may cancel agreement for joining a member and/or any deals occurring in the course of using the Service. However, you may not cancel if you pretend to be majority or gain consent from your parents and/or guardians, unless it is invalid or void under the laws of state or country of your residence. In the event that there is the age limit in connection with using the Service, you may be request the check or verification of your age and if you are under the limited age, we may limit or prohibit you from using the Service.

6. Service Fee

     A.   Use of this Service will basically be free of charge but we may provide any specific service with fee. Charged service will be provided under the obvious consent or verification from you, and in no event shall we provide charged services or claim any payment under the circumstances that you are not able to recognize or confirm to be paid.

     B.   You may use charged service in compliance with the procedure and payment means established by us. In the event that we use cyber money or virtual cash by the means of payment, you may be requested to agree to other terms of use or agreement for using such cyber money or virtual cash.

7. Mileage

        We may award any merits or mileage in accordance with frequency, grade, type of your use of Service. Such mileage will vary in different services. Provision, use, exhaustion and extinction will be otherwise notified or announced on the different services.

8. Ownership and Limited License

     A.   All rights, ownership, intellectual property rights, including, but not limited to, patents, trade mark, trade name, trade dress, design, copyright, know-how, data, information, in connection with this Service are solely owned by us or original owner.

     B.   You may only gain a non-exclusive, time-limited, revocable, non-transferable, non-sublicensable rights and license to use the Service from us. You may use any contents, programs, software, information, data, materials, including, but not limited to, text, image, sound, video, character, story, provided, distributed, transmitted by us, solely for your own non-commercial entertainment, shares or acquisition of information purposes. You may not modify, damage such contents, programs, software, information, data, materials or, use them for other purposes. You shall not use auto, hack, macro programs not approved by us in connection with use of or access to the Service.

9. Distributing Productions with Riida.com's Content

     A.   As a community content creator, you are permitted to create video productions or images using Riida.com's Content, and to distribute them freely on your website, or on other websites where viewers can freely view your Production.

     B.   Note that Riida.com's restriction that Productions be limited to "non-commercial" uses also means that you may not license a Production you have created to another company for a fee, or for any other form of compensation, without specific written permission from Riida.com to do so. Riida.com reserves the right to use its products for all commercial purposes. The only exceptions to this rule are if you participate in partner programs with YouTube, Justin.tv, Blip.tv, Own3d.tv, or Ustream.tv (the "Production Websites") whereby a Production Website may pay you for views of a Production if you are accepted into their partner program.

10. User Contents

     A.   "User Contents” means contents created and provided, transmitted to us or uploaded on our websites, Service by you, including, but not limited to, images, texts, sounds, videos, communications, and other materials. You hereby grant a perpetual, irrevocable, worldwide, royalty-free, non-exlcusive, sublicensable rights and license to use, modify, create derivatives, display, distribute, transmit, release, publish, broadcast User contents to us. We may not sell your User Contents for the commercial purposes without your consent.

     B.   You shall be sole and all responsible for your User Contents. In the event that your User Contents infringe rights, intellectual property rights, reputation, credit, frame of any third parties, you agree to indemnify, defend and hold us harmless from any claims, demand, damages or other losses, including reasonable attorney’s fee, legal cost, compensation for settlement or agreement with the said third parties in connection with or arising out of your User Contents.

     C.   You agree that we reserve not obligations but rights to modify, replace, delete your User Contents for any reasons, without prior notice, in the event that your User Contents;

        (i) infringe, damage, harm rights, reputation, credit, frame of third parties; or

        (ii) use or include curse, abuse, obscene words or expression; or

        (iii) have commercial or for-profit purposes; or

        (iv) repulses, revokes, shocks other members; or

        (v) are not relevant, correspond to purpose, usage, category of the Service; or

        (vi) distribute, transmit or include, whether automatically or not, computer virus, illegal program, false information, commercial advertisement; or

        (vii) raise any confusion, misunderstanding, miscomprehension such as you are celebrity or operator of Service; or

        (viii) are, at our sole and reasonable discretion, determined, judged not to be proper, appropriate to the Service.

11. Obligations

     A.   Obligations of Riida.com

        (i) Riida.com will do its commercially best endeavors to provide stable Service and comply with any laws, regulations, rules and these Terms of Use.

        (ii) Riida.com will be equipped with secure system, facilities to protect your personal information in order for you to securely use our Service.

        (iii) Riida.com will not disclose, distribute, release your personal information without your prior consent, less lawful, authorized order from government, court, investigative agency.

        (iv) Riida.com will provide and disclose various and new information necessary for using the Service through proper methods and procedure.

     B.   Obligations of Members

        (i) Members will sincerely comply with relevant laws, regulation, rules, these Terms of Use, public notice, announcement in connection with specific service.

        (ii) Members will not sell, market, promote or link illegal or commercial goods and services through the Service.

        (iii) Members will not sell, assign, transmit, rent, furnish as security any and all contents, items, awards, mileage, account obtained in the course of using the Service for “real” money in the real world without our written permission.

        (iv) Responsibilities for your account shall be sole possessed to you and you shall not share, inform your account information with or of third party. In the event that you violate such obligations, we shall have no responsibility for any problem, disputes, damages in connection with or arising out of your violation. You will immediately inform us of it and follow the direction of us if you recognize, acknowledge and recover any abuse, illegal use of your account.

12. Personal Information

     A.   We may collect your personal information in order to provide better Service and comply with relevant laws and regulations under your consent. The collection, use and disuse of your personal information will be applied to by our Privacy Policy.

     B.   In the event that any specific requirements, procedures or conditions such as the consent of parents and/or guardians exist under the law of state, country of your residence for collection of your personal information, you may be requested the fulfillment or confirmation of such requirements, procedures or conditions by us.

     C.   You may verify and modify your personal information collected by us at any time. You agree that you have an obligation to update and modify your personal information for keeping such information the latest and we have no responsibility if you delay or fail to fulfill such obligation.

     D.   We may collect other technical information on your device such as personal computer, handset in order to check, verify and improve the stability of Service, whether infected or not with computer virus or malignant code.

     E.   We may use the technology which enables us to transmit or distribute our program, software and/or data necessary for our Service to other members using resources or stories of your device, called Grid Computing or distributed processing system in order to provide more high-qualified Service, and you agree it.

13. Consent of Advertisement

     A.   You agree that we may display, publish, insert any advertisement to or into our program, contents and/or software in the process of providing Service.

     B.   We have no responsibility for any communications, deals that occur in connection with or arising out of the advertisement of third parties.

     C.   In the event you agree to receive the information or advertisement in the progress of joining member, we may notice, transmit or send useful information on our products, services, games by e-mail or SMS. You may, at your sole discretion, cancel your consent or agreement to the receipt of such information at any time.

14. Termination and Restriction of Use

     A.   You may, at your sole discretion, terminate this agreement in accordance with these Terms of Use or apply to cancel your membership. We will deal with such your termination or application upon verification of your real intention.

     B.   In the event that you conform to the following causes, we may terminate this agreement made with you in accordance with these Terms of Use or restrict your use of Service for a certain period of time with prior notice. In the cause of, however, (ii), (vi), (viii), (x) set forth as below, we may notice the termination or restriction ex post facto.

        (i) in case you fill out, input or register false information; or

        (ii) in case you abuse, illegally use or steal other’s information or account without such other’s consent; or

        (iii) in case you intentionally disturb, interrupt or obstruct the provision, operation of Service; or

        (iv) in case you do harm, damage, infringe rights, reputation, frame, credit of us or other third parties; or

        (v) in case you transmit, distribute, publish numerous information, data or any advertisement not approved by us for the purposes of disturbing, interrupting our Service; or

        (vi) in case you transmit, distribute, spread computer virus, malignant code, illegal programs possible to cause misuse, malfunction, destruction of equipment, facilities, data; or

        (vii) in case you use, reproduce, modify, distribute, transmit any information, contents or data obtained in the course of using our Service without our prior consent; or

        (viii) in case you display, distribute, transmit, publish obscene materials or links to obscene website through or on our Service; or

        (ix) in case you sell, assign, rent, furnish as security any contents, mileage, virtual items, virtual money, awards, account for the commercial purposes; or

        (x) in case we need to terminate agreement with you or restrict your use of service because of reasonable causes such as material breaches or violation of the laws, regulations and these Terms of Use.

15. Compensation for Damages

        We and you shall compensate and pay for damages each other’s damages occurring in connection with or arising out of any breaches of the laws, these Terms of Use or tort. YOU AGREE THAT RIIDA.COM IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTI WITH FREE OF CHARGED SERVICE EXCEPT FOR SUCH DAMAGES OCCURING BECAUSE OF WILLFUL OR GROSS NEGLIGENCE OF RIIDA.COM.

16. Objection

        You may claim or raise a formal objection to action or restriction of Riida.com in accordance with the laws, regulations and/or these Terms of Use through call center, e-mail. We will investigate and judge your objection on the basis of the information, data, proof provided by you to us, and then notify the decision and conclusion to you. We will do our commercially best endeavors to fairly examine and judge your objection for the protection of your rights.

17. Representation, Warranty and Limitation of Liability

     A.   IN NO EVENT THAT WE REPRESENT AND WARRANT THAT THE SERVICE HAS THE FITNESS FOR PARTICULAR PURPOSES OR MERCHANTIBILITY. THE SERVICE WILL ONLY BE PROVIDED “AS IS” BASIS AND WE SHALL NOT WARRANT THAT THERE ARE NOT ANY BUG, DEFAULT, MALFUNITON OF SERVICE, PROGRAM, CONTENT, SOFTWARE PROVIDED BY RIIDA.COM. YOU ACKNOWLEDGE AND AGREE THAT THERE MAY BE EVENTS OR CIRCUMSTANCES YOU CAN NOT SERVICE DUE TO PLACE OF YOUR RESIDENCE, TIME, YOUR DEVICES, NEVETHERELSS WE WILL DO OUR COMMERCIALLY BEST ENDEAVORS TO ENABLE YOU TO USE OUR SERVICE WHENEVER YOU WANT OR WHEREVER YOU ARE.

     B.   IN NO EVENT THAT SHALL WE BE RESPONSIBLE FOR ANY DELAY OR FAILUER TO PERFORM RESULTING FROM CAUSES BEYOND OUR CONTROL, SUCH AS FORCE MAJEURE, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FIRE, FLOODS, WARS, EARTHQUAKE, MODIFICAITON OF LAWS, CHANGES OF GOVERNMENT POLICY, SAFEGUARDS, PROBLEM OF COMMUNICATION NETWORKS.

     C.   WE SHALL ONLY LIABILE FOR DIRECT DAMAGES AND OUR LIABILITIES ARE LIMITED SUCH AMOUNT PAID BY YOU TO US WITHIN LASTES SIX (6) MONTHS. IN NO CASE SHALL WE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF THE SERVICE.

18. Miscellaneous

     A.   Governing Law
          These Terms of Use shall be governed and construed by the laws of Hong Kong without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

     B.   Costs
          You shall solely bear any and all fees for the use of communication and/or internet. UNLESS OTHERWISE EXPRESSED HEREIN, THE CHARGE FOR THE USE OF OUR SERVICE SHALL NOT INCLUDE ANY COST OR FEES FOR THE USE OF COMMUNICAITON AND/OR INTERNET.

     C.   Assignment
          You shall not assign or transfer any rights and obligations, in whole or in part, to any third party without our prior written notice. You acknowledge and agree that our rights and obligations may be assigned or transferred to third party without your consent in the event of mergers or transfer of business in whole or in part with or to any third party. We may entrust, delegate our works or tasks in whole or in part to any third party for the purpose of the provision of Service.

     D.   Severability
          Nevertheless any provisions of these Terms of Use are determined or judged to be invalid or unenforceable by the jurisdiction, such invalid or unenforceable provisions shall be severed and not affect other provisions, and may be replaced and substituted other alternative provisions on the basis of the governing laws or commercially reasonable practices, and then we will modify, change these Terms of Use.

     E.   Waiver
          Any failure or delay to enforce our rights and provisions in these Terms of Use shall not deemed or construed to be a present or future waiver of such rights and provisions, unless otherwise expressed in writing.

     F.   Notice
          Any notices by us to you under these Terms of Use shall be sent by e-mail in accordance with personal information collected from you.

     G.   Settlement of Dispute
          Any disputes, differences, controversies between you and us in connection with or arising out of these Terms of Use and/or Service shall be settled by the jurisdiction in accordance with the laws of Hong Kong. In the event that you and we agree to settle such disputes, differences, controversies by the alternative settlement such as arbitration, such agreement shall be applied.

If you have any question about these Terms of Use, please contact us at info@riida.com.