Terms and
Conditions
This
site is owned and/or operated by CYAGAME and its affiliated companies
(collectively, the “Company”), and provides its services to you subject to the
following conditions. If you visit or shop at www.cyagame.com, you affirmatively
accept the following conditions. Continued use of the site constitutes the
affirmative agreement to these terms and conditions. The Company reserves the
right to change the terms, conditions, and notices under which its websites and
services are offered, including but not limited to the charges associated with
the use of the Company’s websites and services. You are responsible for
regularly reviewing these terms and conditions and any additional terms and
conditions. Your continued use of the Company’s websites and services
constitutes your agreement to all such terms, conditions, and notices (see
TERMS & CONDITIONS and the PRIVACY POLICY). Please read them carefully.
PRIVACY
Please
review our PRIVACY POLICY, which also governs your visit to the Company’s
websites.
ELECTRONIC
COMMUNICATIONS
When you visit the Company's websites or send
e-mails to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All
content on this site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the
property of the Company or its content suppliers and is protected by domestic
and international copyright laws. The compilation of all content on this site
is the exclusive property of the Company and is protected by domestic and
international copyright laws. All software used on this site is the property of
the Company or its software suppliers and is protected by domestic and
international copyright laws.
LICENSE AND
SITE ACCESS
The
Company grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of the Company. This license does
not include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction services. This site or
any portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of the Company. The use of spiders, robots, scrapers or
any other means, whether through the use of automated software or through a
physical or mechanical system, is strictly prohibited.You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
the Company and our affiliates without express written consent. You may not use
any meta tags or any other "hidden text" utilizing the Company's name or
trademarks without the express written consent of the Company. Any unauthorized
use terminates the permission or license granted by the Company. You may not
use any Company logos or other proprietary graphic or trademark as part of the
link without express written permission.
YOUR
ACCOUNT
If
you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. If you are under 18, you may use the Company's services only with
involvement of a parent or guardian. The Company and its affiliates reserve the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
DESCRIPTION
OF SITE AND SERVICES
Through
this website, the Company provides you with access to a variety of resources,
including the purchase and sale of virtual items and accounts. Such services,
including any updates, enhancements, new features, and/or the addition of any
new Web properties, are subject to these Terms and Conditions.The
Company may also provide links and pointers to Internet sites maintained by
third-parties. Neither the Company, it's parent or subsidiary companies, nor
their affiliates operate or control in any respect any information, products or
services on these third-party sites. We are not responsible for examining or
evaluating, and we do not warrant the offerings of, any of these businesses or
individuals or the content of their websites. The Company does not assume any
responsibility or liability for the actions, product, and content of all these
and any other third parties. You should carefully review their privacy
statements and other conditions of use.The material
in this site and the third-party sites are provided "as is" and without
warranties of any kind either expressed or implied. To the fullest extent
permissible pursuant to the applicable law, the Company disclaims all
warranties, expressed or implied, including, but not limited to, implied
warranties of merchantability and fitness for particular purpose.The
Company makes no representation or claims to any title for any accounts or
virtual items purchased or sold through this site. The Company furthre makes no
representations regarding the transferability, use, and ownership of any such
accounts or virtual items. The Company is not affiliated with any publisher or
developer of any game, including without limitation, Blizzard Entertainment,
Battle.net, Sony Online Entertainment Inc., Sony Computer Entertainment America
Inc., Ncsoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP
Games, Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm
Entertainment Company Ltd., and Sqare Enix CO., LTD.
PRICE
MATCHING
This
site does not currently support Price Matching. If you find a better price at
another online store we will do our best to beat it.
SATISFACTION
GUARANTEE
The
Company offers a 100% satisfaction guarantee that permits you to return any
goods undamaged for a full refund within 24 hours of purchasing.
PRICE
PROTECTION POLICY
The
Company currently offers a price protection when making purchases. If you
purchase a product or service from the Company and the price is lowered within
24 hours of that purchase, you may contact the Company through the Live Help
with your order number to receive additional products to make up for the
difference.
PRODUCT
DESCRIPTIONS
The
Company and its affiliates attempt to be as accurate as possible in describing
a product or service. However, the Company does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by the Company itself is not as
described, your sole remedy is to return it within 24 hours of purchase.
SHIPPING
& HANDLING
Shipping & Handling is included unless
specified.
BILLING
Please
note that we do NOT charge your credit card until your order enters the
shipping/delivery process. We verify prices and stock as part of our shipping
procedures. If an item's correct price is lower than our stated price, we
charge the lower amount and ship you the item. If an item's correct price is
higher than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of such
cancellation.
RESTRICTED
USERS
No
person, employee, agent or entity affiliated in way to any game publisher or
developer, including without limitation, Blizzard Entertainment, Battle.net,
Sony Online Entertainment Inc., Sony Computer Entertainment America Inc.,
Ncsoft Corporation, Turbine, Ubisoft, Codemasters, Electronic Arts, CCP Games,
Atari, Webzen, Acclaim, Mythic Entertainment, Inc., Lucasfilm Entertainment
Company Ltd., and Sqare Enix CO., LTD., is authorized to use or access this
site or to utilize the services provided herein.
REVIEWS,
COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors
may post reviews, comments, and other content; and other communications; and
submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing on intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam". You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content.The Company reserves the right
(but not the obligation) to remove or edit such content, but does not regularly
review posted content.If you do post content or
submit material, and unless we indicate otherwise, you grant the Company and
its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant the Company and its affiliates and sub
licensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you indemnify the
Company and its affiliates for all claims resulting from content you supply.
The Company has the right but not the obligation to monitor and edit or remove
any activity or content. The Company takes no responsibility and assumes no
liability for any content posted by you or any third party.
COPYRIGHT
COMPLAINTS
The
Company and its affiliates respect the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please contact our legal department (cyagame@gmail.com) about making
claims of copyright infringement.DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY:THIS SITE IS
PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES.
INDEMNIFICATION
You
agree to indemnify and hold the Company and any of its parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of these Terms and Conditions or any terms and
conditions it incorporates by reference, or your violation of any law or the
rights of a third party.
DISPUTES
Any
dispute relating in any way to these Terms and Conditions, your visit to the
Company's websites or to products and/or services you purchase through the
Company shall be exclusively submitted to arbitration in Hong Kong, except
that, to the extent you have in any manner violated or threatened to violate
the Company's intellectual property rights, the Company may seek injunctive or
other appropriate relief in any court in the World, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under these Terms
and Conditions shall be conducted under the rules then prevailing in
Hong Kong. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under these Terms and Conditions shall be joined to an arbitration involving
any other party subject to these Terms and Conditions, whether through class
arbitration proceedings or otherwise.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please
review our other policies, such as our PRIVACY POLICY, posted on this site.
These policies also govern your visit to the Company's websites. We reserve the
right to make changes to our site, policies, and these TERMS & CONDITIONS
at any time. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
WAIVER
The
failure of the Company to enforce any provision of these Terms and Conditions
shall not be construed as a waiver or limitation of the Company’s right
subsequently to enforce and compel strict compliance with every provision of
these Terms and Conditions.
REMEDIES
You
acknowledge that violation of these Terms and Conditions could cause
irreparable harm for which monetary damages may be difficult to ascertain or an
inadequate remedy. You therefore, agree that the Company shall be entitled, in
addition to its other rights, to seek and obtain injunctive relief for any
violation of these Terms and Conditions without the filing or posting of any
bond or surety. Furthermore, in the event a lawsuit or action is brought by any
party under these Terms and Conditions to enforce any of its terms, it is
agreed that if the Company shall be deemed to be the prevailing party as
determined by final judgment, not subject to appeal, of a court of competent
jurisdiction, the Company shall be entitled to recovery of reasonable
attorney's fees, expert fees, litigation expenses and court costs in addition
to any other relief granted by the court.
SEVERABILITY
If
any term or provision in these Terms and Conditions is found to be void,
against public policy, or unenforceable by a court of competent jurisdiction
and such finding or order becomes final and non-appealable, then, the offending
provision shall be deemed modified to the extent necessary to make it valid and
enforceable. If the offending provision cannot be so modified, then the same
shall be deemed stricken here from in its entirety, and unless such term or
provision is material to the performance of these Terms and Conditions, the
remainder of these Terms and Conditions shall survive with the said offending
provision eliminated.