活久见，索尼再次要给任天堂Switch发行游戏 - 简理财资讯平台
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育碧主机移植大作刺客信条身份手机版
PS2时代电影化游戏精品幻象杀手
ARPG游戏虚荣，苹果发布会演示游戏
实时解读金融相关行业资讯，关注手机理财应用市场，科技金融引领者
新鲜的科技资讯，实用的理财方法，还有各种理财福利相送当前位置：&>>&
任天堂首款手游《Miitomo》宣布5月9日关服
文章来源：网络
　　《Miitomo》是任天堂推出的一款主打社交的手游，同时也是任天堂推出的首款手游，玩家可以在游戏中建立虚拟形象，互动聊天、分享心情。游戏在2016年3月开服，但在近日，任天堂公布了《Miitomo》关服的消息。
　　据悉，《Miitomo》将会在日关闭服务器，目前已经停止游戏内货币道具购买。现在很少有手游能运营超过三年，任天堂在手游上的尝试还需要继续努力。
　　说起来，这款游戏的人物换装社交玩法，和任天堂后期推出的《动物之森》手游也有不少共通之处，玩家可以移步下载体验。56被浏览36,729分享邀请回答119 条评论分享收藏感谢收起164 条评论分享收藏感谢收起人不能活的太虚荣，日子过的开心就好，偶尔还能去华美做微调
娇俏齐刘海，
黄土山沟金，
横七八竖摄，
脸识无线充。
相信各位小仙女
在今日早上的朋友圈/微博上
被新推出的iphone8/iphonex
黑科技秀了一脸
时不时告诫自己卡上余额不足
对新一期的iphne具体功能参数
相信在今日凌晨果粉发布会上
吃瓜群众们看过了瘾
小美在这也不一一介绍了
（此图乱入）
大家可以不用放心上
其中被吐槽最多的还是FaceID功能
小美最担心的还是妹纸们，因为
先天条件不足的小仙女们
你们可长点心
如今已经是看颜值的时代
还不来绍兴华美整整
更不用担心整出来
跟韩国脸同出一辙
因为绍兴华美
为每一个小仙女
量身定制不一样的蜕变方案
而且，在绍兴华美花一部iphone x的钱
可以做隆鼻、双眼皮、吸脂
脱毛、水光针、超声刀
洁牙、水氧美肤、祛痘祛斑...
这个理由似乎很充分！
就算你不微调，用上了iphone x又能怎样？
嗯哼？.gif
责任编辑：
声明：本文由入驻搜狐号的作者撰写，除搜狐官方账号外，观点仅代表作者本人，不代表搜狐立场。
今日搜狐热点Game | Vainglory
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Vainglory Is A Free To Play MOBA Perfected For Touch
Outplay real opponents in this deep, uncompromising real-time MOBA. Fight with lightning-fast controls using powerful heroes. Destroy the enemy Vain crystal and claim glory! Watch the preview video now to see real gameplay of 3-vs-3 multiplayer battles.
ipad / iphone 5+
tablet / phone
Play for free
Exciting MOBA Gameplay on Your Touch Screen Device
Dive into intense MOBA action by developers formerly at Riot Games & Blizzard Entertainment. Blaze through fast-paced, 20-min matches with intuitive precision controls. Play in 3v3 matches with friends or queue up in our matchmaking system and challenge others!
Core Gaming Redefined.
Vainglory is a game of true laning, ganking/objective-taking and teamfighting phases. Play powerful heroes with unique abilities and explore immense variety and flexibility in build paths for each hero.
60 Frames / Second
Sub-30ms Control Responsiveness
1.3 M Polygons
Superb Graphics with the E.V.I.L. Engine
Immerse yourself in a vivid world with ultra-high fidelity graphics at 60 frames per second. The MOBA perfected for touch boasts sub-30ms control responsiveness with 1.3 million polygons in the game map!
Welcome to the Halcyon Fold
In one way or another, each hero is here because of the Halcyon Well. This ancient energy source provides incredible power for both technology and magic. However, the well only releases this energy on rare occasions, and these heroes must fight for control if they want to capture the energy. The stakes are too high to fight alone. Some heroes arrive with family or faction, while others form uneasy alliances. Together they forge three-person teams ready to meet their opponents in battle.
Drag to explore
An item shop is available at the Sanctuary. Make sure to spend your gold anytime you&re visiting.
Vain Crystals
At the center of each team’s base is a massive Vain crystal. These crystals are both rare and fragile, so our heroes — as well as factions throughout the world — have constructed elaborate defenses. If you can shatter the enemy Vain crystal, you will be victorious.
Turrets serve a wide variety of purposes in Vainglory. Among other things, allied turrets give you a safe place to fight from early on during the match, particularly when dealing with very aggressive opponents.
Minion Mines
Your team can capture a Minion Mine by killing its miner. Each mine you control will increase the strength of newly summoned minions in the lane. If your team controls both mines, your minions will be at maximum strength.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
The Gold Mine
Your team can capture the Gold Mine by killing its miner. When captured, everyone on your team receives a cut of the gold bounty currently in the mine. Keep track of the size of this bounty by watching the dial in the center of the mini-map.
The Jungle Shop
The shop at the center of the jungle offers a convenient place for both teams to buy items without having to return to the Sanctuary. This shop stocks the same items as the shops inside each base.
A team can capture the Kraken by attacking it, though this will often require the help of teammates. The team that strikes the final blow is the team the Kraken will fight for, so heroes should also be aware of where their enemies are.
The lane is the long stony path along the top of Halcyon Fold that connects each base.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Minion Mines
Your team can capture a Minion Mine by killing its miner. Each mine you control will increase the strength of newly summoned minions in the lane. If your team controls both mines, your minions will be at maximum strength.
Vain Crystals
At the center of each team’s base is a massive Vain crystal. These crystals are both rare and fragile, so our heroes — as well as factions throughout the world — have constructed elaborate defenses. If you can shatter the enemy Vain crystal, you will be victorious.
An item shop is available at the Sanctuary. Make sure to spend your gold anytime you&re visiting.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Jungle Monsters
Monsters are neutral creatures that live in camps throughout the jungle. They have no loyalty to either team and prefer to keep to themselves.
Game page.
More About Halcyon Fold
In one way or another, each hero is here because of the Halcyon Well. This ancient energy source provides incredible power for both technology and magic. However, the well only releases this energy on rare occasions, and these heroes must fight for control if they want to capture the energy. The stakes are too high to fight alone. Some heroes arrive with family or faction, while others form uneasy alliances. Together they forge three-person teams ready to meet their opponents in battle.
Vain Crystals
The Jungle
The Jungle Shop
Jungle Monsters
The Gold Mine
Minion Mines
Welcome to the Halcyon Fold
In one way or another, each hero is here because of the Halcyon Well. This ancient energy source provides incredible power for both technology and magic. However, the well only releases this energy on rare occasions, and these heroes must fight for control if they want to capture the energy.
The stakes are too high to fight alone. Some heroes arrive with family or faction, while others form uneasy alliances. Together they forge three-person teams ready to meet their opponents in battle.
The Jungle Shop
The Gold Mine
Vain Crystals
Jungle Monsters
The Jungle
Minion Mines
Pick Your Play Style
Explore immense variety and flexibility in item builds for each hero.
Assassins are deadliest when striking their target from the shadows. Masters of s heroes of this class are quick yet fragile.
Mages use spells to lay waste to their enemies. A typical mage deals damage from long range, however, are weak up close.
Protectors are most powerful when fighting alongside allies. Heroes of this class get close and personal. They are built to disrupt and bully in a team fight.
Snipers excel at taking down enemies from a distance. Heroes of this class are weak in close range but dominate from afar.
Warriors are strongest at the center of a fight. Heroes of this class focus on damage and usually equipped with heavy armor. They tend to be powerful, yet slow.
Meet the Heroes of Vainglory
Meet the heroes, find your play style and join your team in the Halcyon Fold.
mageVaryaShocking valkyrie who chains massive damage across enemy teamslaneWe recommend leveling and earning gold in the Lane.mageThis hero is a Mage. Mages use spells to lay waste to their enemies.protectorLorelaiBackline support, excelling at zone control and team utilityjungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.warriorChurnwalkerChurnwalker is a disruptor who throws multiple skillshot hooks, chaining victims to him.jungleWe recommend leveling and earning gold in the Jungle.warriorThis hero is a Warrior. Warrios are strongest at the center of a fight.assassinRezaA fast, devastating fire mage with a demon netherformjungleWe recommend leveling and earning gold in the Jungle.assassinAssassins are deadliest when striking their target from the shadows.protectorGraceA powerful paladin with a massive healjungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.mageBaptisteBaptiste dictates battle by striking fear into the heart of his enemies. Reaping the souls of his opponents, he both sustains himself and empowers his attacks and abilities. He commands his army of shades to either lock down unsuspecting victims or terrorize entire teams, forcing them to flee from him.jungleWe recommend leveling and earning gold in the Jungle.mageThis hero is a Mage. Mages use spells to lay waste to their enemies.warriorGrumpjawGrumpjaw is a durable fighter, able to last in battles while maintaining stacks of his Living Armor through basic attacks. Grumpjaw can charge headlong into a fight, heavily damaging and slowing enemies at the end of his charge. Once he breaks through enemy lines, Grumpjaw can easily turn the tides of battle by devouring one of his enemies and briefly removing them from the fight.jungleWe recommend leveling and earning gold in the Jungle.warriorThis hero is a Warrior. Warrios are strongest at the center of a fight.assassinIdrisIdris shifts through battle, piercing his targets with his spear and chakrams. When building weapon items he excels at assassinating vulnerable targets at close range, while crystal items allow him to dance around the fight, keeping his distance. Whether building weapon, crystal, or a combination of the two, Idris brings extraordinary damage and agility to any fight.jungleWe recommend leveling and earning gold in the Jungle.assassinAssassins are deadliest when striking their target from the shadows.protectorFlickerFlicker is a sneaky trickster able to disrupt foes with his debilitating abilities. Utilizing his stealth, Flicker can plunge deep into enemy lines causing mayhem or grant his team stealth to initiate on unsuspecting prey.jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.sniperGwenGwen moves swiftly across the map, picking off enemies from a distance. She can shake off negative effects inflicted by her enemies, turning the tables in her favor. Gwen is best played in the lane where she can earn gold and gear up for big fights.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.sniperBaronBaron rains destruction on his opponents. When building crystal items, he becomes mobile artillery, laying siege to enemy teams. His weapon path enables aggressive in-your-face tactics. No matter how he builds, he brings incredible range and powerful burst damage to any team.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.mageSamuelSamuel is a dark mage who controls large areas with his abilities. Samuel is able to deal damage on the move, but he may be caught out of position if played too aggressively. He is well suited in the lane, able to bully his victim while draining health and energy to sustain himself.laneWe recommend leveling and earning gold in the Lane.mageThis hero is a Mage. Mages use spells to lay waste to their enemies.protectorLyraDrawing upon her training as a Gythian battlemage, Lyra uses healing and protective magic to turn enemy positions into powerful zones for her allies. Her portals also allow her team to bypass these positions entirely, avoiding defenses and terrain. Utility and defense items improve her role as a healer, while crystal items provide a devastating but fragile mage path.jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.protectorLanceLance depends on both his courage and his wits to protect his allies. With his unique polearm-and-shield combat style, he breaks enemy lines and creates opportunities for his friends. Lance can build crystal or utility items to excel in his role as a protector, or he can build weapon items to deal more damage during battle.jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.warriorAlphaAlpha hunts and terminates her targets with ruthless precision. No longer bound to the rules of mortality, she engages in battle without fear or caution. Alpha performs well in the jungle and can take down her targets built either weapon or crystal.jungleWe recommend leveling and earning gold in the Jungle.warriorThis hero is a Warrior. Warrios are strongest at the center of a fight.mageReimReim is a grumpy old winter mage who freezes everyone who crosses him. Though he moves slowly, he deals heavy damage to opponents while being surprisingly resilient himself. He holds his own in the lane, but he’s particularly effective in the jungle where he can go toe-to-toe against most opponents that he can catch.jungleWe recommend leveling and earning gold in the Jungle.mageThis hero is a Mage. Mages use spells to lay waste to their enemies.sniperKestrelKestrel is an elite Stormguard archer who takes down targets from a distance. When building weapon, she deals rapid, sustained damage and uses stealth to find better footing when enemies get too close. Kestrel’s crystal path affords longer stealth times, which sets up aggressive tactical plays. She’s best in the lane where she can use the protection of her turret to safely collect gold.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.assassinBlackfeatherBlackfeather is a striking duelist who pierces the hearts of his opponents. When building weapon items, he becomes a powerful assassin. Building crystal and utility items instead unlocks powerful effects for himself and his team. He performs well in the lane where he can focus on accumulating gold early in the match. &laneWe recommend leveling and earning gold in the Lane.assassinAssassins are deadliest when striking their target from the shadows.protectorPhinnPhinn is an unstoppable tank who brings the fight to him. He pairs incredibly well with other heroes who don’t back down from battle. Phinn is strongest with defense and utility items, and he’s able to absorb immense amounts of punishment, protecting teammates while they dish out damage.jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.sniperSkyeSkye is a swift sniper able to dance at the edge of fights or dive deep into the enemy backline to kill key targets. Skye’s unique strafing attacks change the complexion of fights, and her ability to chase down and catch opponents is unparalleled.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.protectorFortressThis Halcyon Well guardian is a snarling, frightening sight in the jungle. He stalks prey, closes in with teammates, flanks targets and creates challenging, multi-front confrontations. Stay near your allies and bite and claw your way to kills.jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.freeThis hero is free to play.warriorRonaRona is a deadly berserker who is always ready to leap into battle. She holds her own in melee combat, unleashing enormous damage. Rona is best played in the jungle, pairs well with protectors and works well with both weapon and crystal builds.jungleWe recommend leveling and earning gold in the Jungle.warriorThis hero is a Warrior. Warrios are strongest at the center of a fight.warriorJouleJoule is a hardened front-line fighter with built-in defensive plating. All of Joule's abilities require proper aim to hit the intended target, but they have a devastating effect if you can aim properly. Pick Joule if you can predict enemy movements.jungleWe recommend leveling and earning gold in the Jungle.warriorThis hero is a Warrior. Warrios are strongest at the center of a fight.protectorArdanArdan is a damage-soaking protector who dramatically changes the landscape of teamfights. Able to rescue friends from certain death and turn lost battles around with his powerful terrain-changing ultimate, Ardan brings immense utility to the team. jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.mageSkaarfSkaarf blazes his way through the fold, incinerating everything in his path. He specializes in powerful abilities that set his enemies on fire, bringing them down from a distance.laneWe recommend leveling and earning gold in the Lane.mageThis hero is a Mage. Mages use spells to lay waste to their enemies.assassinOzoQuick and nimble, Ozo leaps from hero to hero as he bounces around the battlefield. He is at home in the center of a chaotic fight where he can deal large amounts of area-of-effect damage. Remember to build defensive items to maximize the amount of time he can stay in combat.jungleWe recommend leveling and earning gold in the Jungle.assassinAssassins are deadliest when striking their target from the shadows.assassinTakaTaka weaves through the battlefield, eliminating targets with his switchblades. He lives on the knife's edge, compensating for fragile defenses with agility and stealth.jungleWe recommend leveling and earning gold in the Jungle.assassinAssassins are deadliest when striking their target from the shadows.freeThis hero is free to play.warriorKrulKrul is a jungle nightmare who dominates in 1v1 duels. Able to absorb massive amounts of damage and recover large portions of health, Krul can bring the pain and survive a beating.jungleWe recommend leveling and earning gold in the Jungle.warriorThis hero is a Warrior. Warrios are strongest at the center of a fight.sniperSAWSAW has arguably the highest damage potential in the game ... but at the huge expense of mobility. Excellent at sieging important locations, SAW zones, slows and damages with Suppressing Fire.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.freeThis hero is free to play.sniperPetalPetal plants seeds that slowly heal her and her friends. She can grow these seeds into minions that fight alongside her, and she can blow them up to obliterate vulnerable targets.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.freeThis hero is free to play.warriorGlaiveGlaive is a devastating powerhouse, instantly dashing into the action and knocking enemies into danger. His damage is devastating, but he is vulnerable to slippery opponents.jungleWe recommend leveling and earning gold in the Jungle.warriorThis hero is a Warrior. Warrios are strongest at the center of a fight.assassinKoshkaKoshka is an in-your-face assassin adept at getting the kill and then getting out. She should focus on assassinating weak targets and locking down the most lethal enemy. jungleWe recommend leveling and earning gold in the Jungle.assassinAssassins are deadliest when striking their target from the shadows.freeThis hero is free to play.protectorAdagioAdagio can heal. He can amplify damage. He can stun and nuke the entire enemy team. This master manipulator of large-scale battles brings shines through area-of-effect damage and team-saving abilities.jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.sniperRingoRingo is often played as the primary damage dealer for his team. He can shoot at blinding speeds and finish off fleeing enemies with an epic fireball that follows foes across the battlefield.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.freeThis hero is free to play.protectorCatherineCatherine brings the most reliable stun and disruption skills to teamfights and ganks. Hard to kill and great at chasing, she can secure kills and turn around fights that would otherwise be lost.jungleWe recommend leveling and earning gold in the Jungle.protectorProtectors are most powerful when fighting alongside allies.mageCelesteCeleste lights the way for her team, calling upon her stars for both artillery and long-range reconnaissance. Though fragile, she is well-suited to fighting from the furthest edges of battle.laneWe recommend leveling and earning gold in the Lane.mageThis hero is a Mage. Mages use spells to lay waste to their enemies.freeThis hero is free to play.sniperVoxVox is a mobile sniper with a high-energy playstyle, able to quickly and frequently dash around the battlefield. Vox deals significant damage either to a single target or to groups of enemies depending on his build. This allows Vox to react to the needs of his team.laneWe recommend leveling and earning gold in the Lane.sniperSnipers excel at taking down enemies from a distance.
&Vainglory is selected as an Apple Design Award winner because it delivers beautiful, high-fidelity graphics and animations, offers an incredibly polished and immersive experience, and enables a fast-paced, endless multiplayer experience on iOS that’s all about the highs, lows, excitement, anticipation, friendships, and competition.&
Apple Design Award –Apple, WWDC 2015
&We've been waiting for a game like Vainglory to come along on touch screens. It's not just the best touch screen MOBA it's a completely legit core game in its own right. Once you play it, you'll understand why we got excited about it!&
MOBAFire CEO M. Scott Reinders
&Immersing you in a colorful and beautifully realized world, Vainglory gives you fast-paced and intense 20-minute matches on the go. Pick a hero and duke it out with unique abilities played with intuitive precision controls.&
&&when it comes to bridging the gap between PC and mobile, Vainglory might actually be the missing link.&
&This is one of the best multiplayer experiences on mobile. Vainglory is a totally legit MOBA experience, available any time in the palm of your hand.&
&Vainglory is the first mobile game to be a legitimate competitor with the best of the best PC MOBA&
iPhone Life
Vainglory Guide
Discover the latest hero builds, strategy guides and wikis!
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Compatible Devices
Vainglory runs on
iPads 2 and up
iPhones 5 and up
Requires iOS 7 and above
High-end Android devices with 2GBs of RAM or more
Requires Android 4.4.2 Kitkat or newer
& Super Evil Megacorp. All rights reserved. Apple and Apple logo are trademarks of Apple Inc., registered in the US and other countries. Apple is a service mark of Apple Inc. Android& is a trademark of Google Inc. Google Play& is a trademark of Google Inc.
Terms Of Use Agreement
Last Modified: September 8, 2014
Vainglory& (the &Game&) is a free-to-play, session-based, multiplayer online battle arena game developed and operated by Super Evil MegaCorp (&Super Evil&). For purposes of this Agreement (defined below), &you& and &your& mean the user of the platform on which the Game will be or has been installed.
PLEASE READ THIS TERMS OF USE AGREEMENT (THIS &TERMS OF USE& OR "AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW, OR BY PARTICIPATING IN THE GAME, OR BY USING THE
WEBSITES AND RELATED WEBPAGES (THE &SITE&), YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT (IF APPLICABLE) AND DO NOT PARTICIPATE IN THE GAME OR USE THE SITE.
I. LIMITED USE LICENSE
The Site and the Game are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. In addition to this Agreement. The Site, and the Game (collectively, the &Properties&) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Super Evil, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.
II. REQUIREMENTS
In using the Site, and/or by clicking &accept& when you install the Software, you acknowledge that you have read, understand and agree with the terms of this Agreement.
You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Game.
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2. By You. You may terminate your Account at any time, for any reason or no reason, by contacting Super Evil at .
IV. OWNERSHIP
A. Intellectual Property. All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and methods of operation) are owned by Super Evil or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. Super Evil and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Super Evil. Additionally, except as otherwise set forth in this Section IV.A, Super Evil does not authorize you to make any use whatsoever of any Super Evil trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the "Super Evil Marks") under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
B. Game Assets, Virtual Items. When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by Super Evil as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You further acknowledge and agree that Super Evil has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Super Evil does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Super Evil, including without limitation the Game Assets associated with your Account.
C. Unsolicited Idea Submissions. Super Evil values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither Super Evil nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to Super Evil or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when Super Evil’ products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to Super Evil or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant Super Evil and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to Super Evil as specified above are valid, effective and enforceable. You also give up any claim that any use by Super Evil and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
V. CODE OF CONDUCT
While using any of the Properties, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain additional rules that govern your use of the Properties (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Super Evil reserves the right to modify this Code of Conduct at any time, as well as take appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Properties, regardless of whether a specific behavior is listed here as prohibited.
The following are examples of behavior that warrant disciplinary measures:
A. Impersonating any person, business, or entity, including an employee of Super Evil, or communicating in any way that makes it appear that the communication originates from Super E
B. Posting identifying information about yourself, or any other user, to the Site or within the G
C. Harassing, stalking, or threatening any other users in the G
D. Removing, altering or concealing any copyright, trademark, patent or other proprietary rights notices of Super Evil contained in the Site, the Game and/or the Software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-
E. Transmitting or communicating any content which, in the sole and exclusive discretion of Super Evil, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethnically, or oth
F. Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or
G. Spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings
H. Participating in any action which, in the sole and exclusive judgment of Super Evil, "exploits" an undocumented aspect of the Game in order to secure an unfair advant
I. Participating in any action which, in the sole and exclusive judgment of Super Evil, defrauds any other user of the Game, including, but not limited to, by "scamming" or "”
J. Using any unauthorized third party programs, including but not limited to "mods," "hacks," "cheats," "scripts," "bots," "trainers," and automation programs, that interact with the Software in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and Super Evil and any unauthorized third party programs that collect information about the Game by reading areas of memory used by the Software
K. Accessing or attempting to access areas of the Game or Game servers that have not been made ava
L. Selecting a name that is falsely indicative of an association with Super Evil, contains personally identifying information, infringes on the proprietary or non-proprietary rights of third parties, or that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent this restriction on name choices. Super Evil may modify any name which, in the sole and exclusive judgment of Super Evil, violates this provision without further notification to you, and may take further disciplinary measures, including Account termination, for or
VI. USER CONTENT
A. Ownership. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site or the Game, or that other users upload or transmit, including, without limitation, any Forum (defined below) postings.
You hereby acknowledge and agree that you remain fully responsible for and are the owner of any and all Content. However, you grant Super Evil from the time of uploading or transmission of the Content through any channel, non-exclusively, all now known or hereafter existing copyrights and all other intellectual property rights to all Content of every kind and nature, in perpetuity (or for the maximum duration of protection afforded by applicable law), throughout the universe and you hereby grant Super Evil as a present non-exclusive license of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Content is not licensable, you hereby grant to Super Evil and its licensors, including, without limitation, its respective successors and assigns, a perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, transmit, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. To the extent necessary, you agree that you will undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Content granted to Super Evil as specified above are valid, effective and enforceable. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction to the maximum extent permitted by the laws of your jurisdiction. You represent, warrant and agree that none of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Super Evil and Super Evil will not be liable for any use or disclosure of any Content. You further acknowledge and agree that you shall not upload or otherwise transmit on or through the Site or the Game any Content that is subject to any third-party rights.
B. Consent to Monitoring. Super Evil does not, and cannot, pre-screen or monitor all Content. However, its representatives may monitor and/or record your communications (including, without limitation, Forum postings and/or Chat) when you are playing the Game or using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Super Evil does not assume any responsibility or liability for Content that is generated by users of the Site and/or Game. Super Evil has the right but not the obligation, in its sole discretion, to edit, refuse to post, or remove any Content. Furthermore, Super Evil also reserves the right, at all times and in its sole discretion, to disclose any Content for any reason, including, without limitation (i) to satisfy any applicable law, regulation, legal process or
(ii) to enforce the terms of this Agreement or (iii) to protect the legal rights and remedies of Super E (iv) where someone’s health or safe or (v) to report a crime or other offensive behavior. Please take care to not provide any personally identifiable information in the Chat or the Forums and to abide by the Code of Conduct, understanding that you do not have an expectation of privacy in the Content you provide in the Chat or Forums, and that members of Super Evil and the Community, outside of those you play directly with or against in the Game, might have access to the information in the Chat or the Forums at any time.
C. Forums. If you have a valid and active Account, you may post communications and other content to the “forums” section of the Site (the “Forums”). You agree to abide by the Code of Conduct, as well as the policy concerning Links (found below) while participating in the Forums. You understand that much of the information included in the Forums is from other players who are not employed by or under the control of Super Evil. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Super Evil neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Super Evil. Super Evil is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Super Evil be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum, the information 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. Super Evil reserves the right to, but has no obligation to, monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly or to comply with legal obligations or governmental requests.
VII. UPDATES AND MODIFICATIONS
A. Agreement. Super Evil reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the P provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at the bottom of the Site. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If at any time you do not agree with any portion of the then-current version of a particular Super Evil policy, including but not limited to this Agreement, you must immediately stop using the Properties.
B. The Properties. In an effort to improve the Properties, you agree that Super Evil may change, modify, update, suspend, “nerf,” or restrict your access to any features or parts of the Properties, including purchased or unlockable content, and may require that you download and install updates to the Software, at any time without notice or liability to you. You also understand and agree that any such changes or updates to the Properties might change the system specifications necessary to play the Game, and in such a case, you, and not Super Evil, are responsible for purchasing any necessary additional software and/or hardware in order to access and play the Game.
VIII. LINKS
The Site may contain links to websites operated by other parties. Super Evil 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 Super Evil, and Super Evil is not responsible for the content available on the other sites. Such links do not imply endorsement by Super Evil of information or material on any other site, and Super Evil disclaims all liability with regard to your access to and use of such linked websites.
Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and Super Evil, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Super Evil’ and/or its licensors’
(ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Super E (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking S and (iv) Super Evil reserves the right to revoke its consent to the link at any time and in its sole discretion.
Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Super Evil. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Super Evil 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. Super Evil may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Super Evil, your Account may be closed without warning or notice at the sole discretion of Super Evil.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
X. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Super Evil user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Super Evil Copyright Agent with the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the ow
B. A description of the copyrighted work that you clai
C. The URL of the location on the Super Evil Site containing the material that you
D. Your address, telephone number,
E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and
F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Super Evil’s Copyright Agent can be reached by mail at: Super Evil Mega Corp, 400 1st Avenue, San Mateo, CA 94401, ATTN: Copyright A or by email at: . Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that Super Evil may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.
XI. WARRANTY DISCLAIMER
THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPER EVIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. SUPER EVIL DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XII. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUPER EVIL FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT. Super Evil reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Super Evil in asserting any available defenses.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Super Evil 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 Super Evil KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Super Evil BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Super Evil 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 Super Evil shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that Super Evil would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Super Evil shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XV. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW
A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Super Evil agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.F below). Super Evil will send its notice to the address it has on file to the extent that you have provided additional contact information to Super Evil (e.g. by participating in a promotion or survey, or contacting a customer services representative). Otherwise, Super Evil will send its notice to the email address associated with your Account. You will send your notice to Super Evil Mega Corp
400 1st Avenue, San Mateo, CA 94401, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
B. Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or Super Evil may elect to have the Claim (except as otherwise provided in Section XV.F) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. Both the AAA Rules and the AAA Consumer Rules can be found at the AAA website, www.adr.org. In the event of a conflict between the terms set forth in this Section XV.B and either the AAA Rules or the AAA Consumer Rules, the terms in this Section XV.B will control and prevail.
Except as otherwise set forth in Section XV.F, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Super Evil will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Super Evil may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award enter and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Super Evil ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
C. Arbitration Fees. If we are initiating arbitration for a Claim, we will pay all costs charged by the AAA Rules for initiating the arbitration. Your share of all other fees and costs of the arbitration, including your share of arbitrator compensation, will be charged pursuant to the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. Where your share of the costs is deemed to be excessive by the arbitrator, Super Evil will pay all arbitration fees and expenses.
D. Location. The arbitration will take place in your hometown area if you so notify Super Evil in your notice of arbitration or within ten (10) days following receipt of Super Evil’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in San Mateo, California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.
E. Limitations. You and Super Evil agree that any arbitration shall be limited to the Claim between Super Evil and you individually. YOU AND Super Evil AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
F. Exceptions to Negotiations and Arbitration. You and Super Evil agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Super Evil’ intellec (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
G. Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.
H. Severability. You and Super Evil agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV.F is found to be illegal or unenforceable then neither you nor Super Evil will elect to arbitrate any Claim falling within that portion of Section XV.F found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.
XVI. TERMINATION
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Super Evil may terminate this Agreement at any time for any reason or for no reason. Termination by Super Evil will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Super Evil at
as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.
XVII. MISCELLANEOUS
A. Assignment. Super Evil may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Super Evil’s prior written consent, and any unauthorized assignment by you shall be null and void.
B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Super Evil for any other reason, please contact Super Evil support at , or visit the “support” tab on the Site.
C. Entire Agreement. This Agreement represents the complete agreement between you and Super Evil concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Super Evil.
D. Force Majeure. Super Evil shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Super Evil, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Super Evil’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.
E. Location. The Site and the Game are operated by Super Evil in the United States. Those who choose to access the Site and/or the Game from locations outside the United States do so on their own initiative and are responsible