MAYN INTERACTIVE PTE LTD, END USER LICENSE AGREEMENT - TWELVESKY 2 EUROPE

Last updated: January 12, 2009

THIS AGREEMENT DESCRIBES THE TERMS UNDER WHICH MAYN INTERACTIVE PTE LTD (“WE” OR “MAYN”) OFFERS YOU, THE USER, ACCESS TO AN ACCOUNT (THE "ACCOUNT") AND THE SERVICE TO ALLOW YOU TO PLAY THE COMPUTER GAME TWELVESKY 2 EUROPE ONLINE AND ITS EXPANSION PACK(S) AND UPDATES (THE "GAME"). BY CLICKING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS WHICH ARE LISTED BELOW. BY CLICKING THE "DECLINE" BUTTON, YOU DECLINE OUR CONTRACT, IN WHICH CASE YOU MUST NOT USE THE SOFTWARE AND SHOULD COMMENCE TO DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER IF NOT ALREADY DONE SO.

1. Account IDs which grant access to MAYN products and services may only be registered by those of at least 13 years of age. If you, the individual, is under our legal registration age, henceforth referred to as a “minor”, a parent or legal guardian, at their discretion,  may complete the registration process, at which point he or she takes on full responsibility and obligations under this Agreement. By clicking the "I Accept" button, you confirm that all stated personal details are truthful and that you are an adult and are accepting this Agreement either on behalf of yourself or your child. Please note that the account does not belong to you, the individual, but instead to MAYN, and that you are simply leasing the account from us. At any time, or at the instance of a contractual breach, MAYN may reclaim the account and revoke access from you. Additionally, you may not transfer, share, or sell, your account or accesses to anyone, except that if you are a parent or legal guardian, you may permit the use of one minor instead of yourself. Corporations or other organizations are forbidden from acquiring non-authorized accounts.

2. In order to play the Game, you must: (i) have an Account in good standing; (ii) have access to a Personal Computer which meets System Requirements; and (iii) have an Internet connection (which we do not provide or pay for) to access your Account. Furthermore, you are responsible for any fees described herein, including all applicable taxes (including those we are not required to collect) and any hardware, software, service or cost you may incur in order to access your Account. In addition, you understand that we may update or enhance the game through updates and/or expansions and make no obligations that you will always have access or always be able to play our game as through the course of time and technology, games evolve and our system requirements may change with or without notice. At such time, MAYN also takes no liability or responsibility in assuring continued access to your Account or our services.

3. At our sole discretion, we reserve the right to amend and revise this Agreement without notice and shall be effective upon sign in. If you no longer agree to the terms of this contract, please sign out of your account immediately and cease future access in addition to the uninstallation/deletion of all related software and files.

4. Upon registration at our website and services, you will be prompted to select an account name, handle, and password. For your safety, it is highly suggested that you use an alias or pseudonym for this stage only. You may not choose an ID which violates anyone’s trademarks or breaches a MAYN agreement between yourself and the company. Additionally, you may not disclose your password to any third party and be sure to take appropriate measures regarding keeping your account accesses and information private and secure, especially when using a publicly accessible Personal Computer.

5. MAYN provides free-to-play and free-to-download software; however we also offer elective services and products to our users. These extra services and products are completely optional, and are not necessary for purchase by the users in order to experience a basic level of access.  If a user wishes to purchase these additional products and services for an enhanced experience, they may review all fees and procedures associated in doing do so by visiting our website located at http://www.12sky2.com (“the Game Site”). All fees and billing procedures set forth on the Game Site and/or within the game itself are subject to change at any time without notice. All fees and prices are stated in U.S. dollars unless otherwise specified. All fees are prepaid and are not subject to refunds. Upon purchase of these services (etc), we (and our billing vendors) have the right to charge your credit card or other means of purchase associated fee plus any applicable taxes are required to collect, and you authorize us to do so. If at any time we are unable to obtain the appropriate fees, we may revoke your account access or set forth other such sanctions in order to protect ourselves from fraudulent purchases and claims. If you wish to terminate your Account for whatever reasons, you may do so by emailing User Services at support [@] mayngames.com (please remove the brackets and spaces between support, the @ symbol, and mayngames.com) with your request, and we will comply. Additionally, at no time are we liable or required to issue full or partial refunds even if your account is in good standing.

6. MAYN reserves the right to terminate this Agreement and/or suspend your Account without prior notice: (a) if you violate any terms or Agreements, including this document; (b) if you infringe on any third party copyright or intellectual property rights; (c) if you provide us with any false or inaccurate information; (d) if you violate any of our game or Community Rules of Conduct (either of which we may alter without prior warning); or (e) if you enhance any in-game play, chat, or other activity that we, MAYN, at our discretion, determine to be inappropriate and/or undermining the spirit of the Game. Upon account termination or suspension, you may lose access to your Account for the set duration of the action, and may not be entitled to any possible services including prepaid virtual currency, goods, or content. We may also terminate this Agreement if we decide, at our sole discretion, to discontinue the servicing of the Game and/or its services with or without prior notice.

7. You acknowledge that you agree and are bound by these terms and conditions as set forth by us. You acknowledge and agree that you do not have any intellectual property rights or other such rights, including the manipulation or exploitation, of any kind, in regards to the software, programming, artwork, music, character and item data, or other, without limitation. You are not authorized to use third-party software to run or automate our software or connect to our services. You may not create or facilitate in any way other means through which the Game may be played by others, such as through emulators or unauthorized clients; furthermore, you may not impose an unreasonably large or disproportionally large load (as determined by us) on our infrastructure and technology, nor buy, sell, or auction (or facilitate such activities) any Account or Game data, which includes Game characters, items, credits, and other copyrighted or intellectual property as owned by us or our business partners without written consent.

8. As part of our online services, you may be entitled to upload content to our servers. Such content may include bulletin board messages (“Forums”), screenshots, in-game chats, and other user-to-user features which henceforth are collectively called your “Content”. By willfully contributing your Content to our services you hereby grant to our licensors and us an exclusive, universal, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all rights of any kind or nature associated with your Content to perform, without limitation, marketing, merchandising, or interactive media rights whether known or unknown. All submitted content may not: (a) infringe on any third party copyrights or other such intellectual rights; (b) violate any state and national law or regulation; (c) be inappropriate in any way that we deem; (d) contain malicious intentions such as viruses, trojans, or other computer programming routines that are intended to damage, interfere, decrypt, intercept, or extract data. Additionally, we may take any appropriate actions, whether internal or through local law enforcement, if we believe that any of your Content becomes a liability for our business partners or us or may cause us to lose (in whole or in part) the services of our business partners or providers.

9. Although we will strive to keep all private and personal communications and other data private, at no point do we fully guarantee non-disclosure. You give us the right to disclose your personal identifiable information if forced to do so by law enforcement agencies or other government officials as we believe necessary or appropriate in order to investigate or resolve possible issues or inquiries. You also acknowledge and agree that we may transfer certain information to our licensees and agents in connection with servicing the Game. Furthermore, we cannot be held accountable if in the event an unauthorized third party unlawfully intercepts or accesses transmissions or communications.

You are aware that MAYN and its associates may communicate to you via email or other external communication software or services relating to the Game. In addition, you permit us to retrieve and upload non-identifiable information about your computer, such as CPU and Operating System, so that we may analyze an issue you may be experiencing or so we may better optimize your experience.
Solely for the purpose of updating the Game and software to ensure integrity, you grant us the following permissions: (a) upload Game related file information and data from your computer; and (b) download Game files to your computer. All character data is stored and saved on our servers, and any and all communications that you make within the Game (including, but not limited to, messages directed at another player) travels through our servers, and may or may not be monitored by us or our agents. You have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send or receive.

10. We do not promise 100% continuous and error-free connectivity to the Game or services, and do not guarantee a totally secure or virus-free operation of the related software, the Game, your Account, or Server. Additionally, you acknowledge that we cannot be held liable for any changes, errors, delays, or performance failures resulting from the Game or services.

11. IN NO EVENT SHALL MAYN, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND – TO THE EXTENT PERMITTED BY APPLICABLE LAW – DAMAGES FOR PERSONAL INJURY, EVEN IF MAYN, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST MAYN, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE MAYN AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.

12. You agree that you shall comply with all applicable state, national and international laws regarding your use of the Software, the Game, and access to your Account.

13. This Agreement is governed in all respects by the laws of which MAYN Interactive Pte Ltd. is headquartered in, without regard to choice of law principles, and you waive any claim that either such forum is inconvenient.  The application of the United Nations convention on Contracts for International Sale of Goods is excluded.

14. If at any time a provision or statement in this Agreement is held to be invalid, such provision shall be struck and the remaining Agreement shall be enforced. Additionally, shall we fail to act upon a breach of this Agreement to you or someone else, it does not wave our right to act with respect to subsequent or similar breaches. This Agreement in whole sets forth entire understanding of its conditions between you and MAYN and may not be amended except by writing and signed by both parties or by a publishing from MAYN and continued usage of our services by you.

15. If you have any questions regarding your Account or of the Game, please contact User Services at support [@] mayngames.com (please remove the brackets and spaces between support, the @ symbol, and mayngames.com).