Welcome to xseedgames.com (the “Site”)! These
our Site, so please read them carefully. They do not alter in any way the
terms or conditions of any other written or online agreement you may have
with us. We reserve the right to change or modify any of the terms and conditions
contained in these Site Terms or any policy or guideline of the Site, at
any time and in our sole discretion. If the Site Terms are changed, we will
post the new terms on the Site and change the posting date accordingly. Any
changes or modification will be effective upon posting of the Site Terms
as revised, and your use of the Site following the posting of such changes
or modifications will constitute your acceptance of the Site Terms as revised.
By accessing, browsing, and using this Site, you agree to be bound by the
terms and conditions described herein and all policies and guidelines incorporated
If you have any question regarding the use of the Site,
please e-mail us at firstname.lastname@example.org, or contact us at XSEED JKS,
Inc., Inc., 3655 Torrance Blvd, Suite 140 Torrance, CA 90503
Index of Provisions
- Incorporated Policies
- License and Site Access
- Third-Party Content
- Export Restrictions
- Limitation on Liability
- Applicable Law
Inc.”) believe strongly in protecting user privacy and providing you
notice of XSEED JKS, Inc.’s collection and use of data, including personally
identifying information, collected from the Site. Therefore, XSEED JKS,
XSEED JKS, Inc. uses and collects information.
XSEED JKS, Inc. grants you a limited license to make personal
use only of the Site. Such grant does not include, without limitation: (a)
any resale or commercial use of the Site or content therein; (b) the collection
and use of any product listings or descriptions; (c) making derivative uses
of the Site and its contents; or (d) use of any data mining, robots, or similar
data gathering and extraction methods. Except as noted above, you are not
conveyed any right or license by implication, estoppel, or otherwise in or
under any patent, trademark, copyright, or proprietary right of XSEED JKS,
Inc. or any third-party.
You may not use, frame or utilize framing techniques to
enclose any trademark, logo or other proprietary information (including
the images found at this Site, the content of any text or the layout/design
any page or form contained on a page) of XSEED JKS, Inc. without XSEED
JKS, Inc.’s express written consent in advance. Further, you may not use
tags or any other “hidden text” utilizing any name, trademark,
or product name of XSEED JKS, Inc. without XSEED JKS, Inc.’s express written
consent in advance.
Any unauthorized use of this Site will terminate the permission
or license granted by these Site Terms and may violate applicable law including
copyright laws, trademark laws (including trade dress), and communications
regulations and statutes. All violators will be prosecuted to the fullest
extent of the law.
All copyrighted and copyrightable materials on this Site,
including, without limitation, the XSEED JKS, Inc. logo, XSEED Games logo,
designs, text, graphics, pictures, software, sound files and other files,
and the selection and arrangement thereof (“Materials”) are ALL
RIGHTS RESERVED Copyright c2005 XSEED JKS, Inc. Co., Ltd. and/or its licensors.
Except as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
photocopying, recording, or otherwise, without the prior written permission
of XSEED JKS, Inc. or the respective copyright owner. Permission is granted
to display, copy, distribute and download the Materials on this Site for
your personal use, non-commercial use, and informational use only; provided
that, you may not, without the permission of XSEED JKS, Inc. or the respective
copyright owner, (a) copy, publish, or post any Materials on any computer
network or broadcast or publications media, (b) modify the Materials, or
(c) remove or alter any copyright and other proprietary notices contained
in the Materials.
XSEED JKS, Inc., XSEED Games, products, including WILD ARMS
4, and SHADOW HEARTS FROM THE NEW WORLD, described in this Site are either
trademarks, service marks or registered trademarks of XSEED JKS, Inc. and
its suppliers and licensors, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of XSEED JKS, Inc.
or its suppliers or licensors. In addition, all page headers, custom graphics,
button icons, and scripts are service marks, trademarks, and/or trade dress
of XSEED JKS, Inc., and may not be copied, imitated, or used, in whole or
in part, without the prior written permission of XSEED JKS, Inc.. All other
trademarks, registered trademarks, product names and company names or logos
mentioned herein are the property of their respective owners.
This Site may include discussion forums and interactive
areas, including bulletin board services (“BBS”). The forums
and interactive areas shall be used only for non-commercial purposes. By
the forums or interactive areas, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this
Site any message, data, information, text or other material (“Content”)
that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, harassing, threatening, harmful, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or
encourage a criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national, or international
Upload or transmit any Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or proprietary right
of any party. By posting any Content, you represent and warrant that you
have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity; and
Without XSEED JKS, Inc.’s written permission, distribute
or publish unsolicited promotions, advertising or solicitations for funds,
goods or services, including junk mail and spam.
XSEED JKS, Inc. takes no responsibility and assumes no liability
for any Content posted or uploaded by you or any third-party, or for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography
or profanity you may encounter. As a provider of the interactive services
portion of this Site, XSEED JKS, Inc. is only a forum and is not liable for
any statements, representations, or Content provided by its users in any
public forum. Children under the age of 13 may view, but may not use, the
forums or interactive areas on this Site or submit any personal information
to XSEED JKS, Inc..
Enforcement. XSEED JKS, Inc. has the right, but not the
obligation, to monitor any activity and Content associated with its forums
and interactive areas. XSEED JKS, Inc. may investigate any reported violation
of its policies or complaints and take any appropriate action that it deems
appropriate. Such action may include, but is not limited to, issuing warnings,
suspension or termination of service, and/or removal of posted Content. XSEED
JKS, Inc. reserves the right and has absolute discretion, to remove, screen
or edit any Content that violates these provisions or is otherwise objectionable.
In order to cooperate with legitimate governmental requests, subpoenas or
court orders, to protect XSEED JKS, Inc.’s systems and customers, or to ensure
the integrity and operation of XSEED JKS, Inc.’s business and systems, XSEED
JKS, Inc. may access and disclose any information it considers necessary
or appropriate, including, without limitation, user profile information (i.e.
name, e-mail address, etc.), IP addressing and traffic information, usage
history, and posted Content. XSEED JKS, Inc.’s right to disclose any such
Responsibility for Your Conduct. You shall remain solely
liable for the Content of any messages or other information you upload or
transmit to this Site, including the discussion forums or interactive areas
of the Site. You agree to indemnify and hold harmless XSEED JKS, Inc. from
any claim, action, demand, loss, or damages (including attorneys’ fees) made
or incurred by any third-party arising out of or relating to your conduct,
your violation of these Site Terms, or your violation of any rights of a
Links to the Site. You are granted a limited, non-exclusive
right to create a hyperlink to this Site provided such link does not portray
XSEED JKS, Inc. or any of its products and services in a false, misleading,
derogatory or otherwise defamatory manner. You may not “deep link” or
link to any other pages of this Site except the introductory page. You
may not use any logo or other proprietary graphic or trademark of XSEED
Inc. to link to the introductory page of this Site without the express
written permission of XSEED JKS, Inc.. This limited right may be revoked
at any time.
Third-Party Links. XSEED JKS, Inc. makes no claim or representation
regarding, and accepts no responsibility for, the quality, content, nature
or reliability of sites accessible by hyperlink from this sites, or sites
linking to this Site. Linked sites are not under the control of XSEED JKS,
Inc. and XSEED JKS, Inc. is not responsible for the content of any linked
site or any link contained in a linked Site, or any review, changes or updates
to such sites. XSEED JKS, Inc. is providing these links to you only as a
convenience, and the inclusion of any link does not imply affiliation, endorsement,
or adoption by XSEED JKS, Inc. of the Site or any information contained therein.
When leaving the XSEED JKS, Inc. Site, you should be aware that XSEED JKS,
Inc.’s terms and policies no longer govern, and, therefore, you should review
the applicable terms and policies, including privacy and data gathering practices,
of that site.
You agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes, drawings, original
or creative materials or other information, provided by you in the form
of e-mail or submissions to XSEED JKS, Inc., or postings on this Site, are
property of XSEED JKS, Inc.. XSEED JKS, Inc. shall own exclusive rights,
all intellectual property rights, and shall be entitled to the unrestricted
use of these materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. The submission of any materials
to XSEED JKS, Inc., including the posting of materials to any forum or interactive
area, irrevocably waives any and all “moral rights” in such materials,
including the rights of paternity and integrity.
Any software and all underlying information and technology
downloaded from this Site (collectively the “Software”) by you
may be subject to U.S. export controls, including the Export Administration
Act (50 U.S.C. Appx. �߬� 2401 et seq.) and the Export Administration Regulations
(“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export
or import regulations in other countries. You are responsible for complying
with all trade regulations and laws both foreign and domestic. Except as
authorized by law, you agree and warrant not to export or re-export the
Software to any county, or to any person, entity, or end-user subject to
controls, including without limitation persons or entities listed on the
U.S. Department of Commerce Bureau of Export Administration’s Denied Parties
List and the U.S. Department of Treasury’s Specially Designated Nationals.
You further represent and warrant that no U.S. federal agency has suspended,
revoked, or denied your export privileges.
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED
HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS
INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED
FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. XSEED JKS, INC. DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS
TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE.
XSEED JKS, INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. XSEED JKS, INC.
IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT, OR PHOTOGRAPHY. WHILE XSEED JKS, INC. ATTEMPTS TO ENSURE YOUR ACCESS
AND USE OF THE SITE IS SAFE, XSEED JKS, INC. CANNOT AND DOES NOT REPRESENT
OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL
XSEED JKS, Inc. reserves the right to change any and all
content contained on this Site at any time without notice. Reference to any
products, services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by XSEED JKS, Inc..
IN NO EVENT SHALL XSEED JKS, INC. BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
Certain laws do not allow limitations on implied warranties,
or the exclusion or limitation of certain damages. If these laws apply, some
or all of the above disclaimers, exclusions, or limitations, may not apply
to you, and you may have additional rights to those contained herein
These terms and conditions shall be governed by and construed
in accordance with the laws of the State of California, applicable to agreements
made and entirely to be performed within the State of California, without
resort to its conflict of law provisions. You agree that any action at law
or in equity arising out of or relating to these terms and conditions shall
be filed only in state or federal court located in Los Angeles County, California,
and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, XSEED
JKS, Inc. reserves the right, without notice and in its sole discretion,
to terminate your license to use the Site, and to block or prevent future
access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the validity
and enforceability of any remaining provisions.