• Legal Agreement
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction.
You may be required to create an account (an "Account") to access our Website and our games. Certain portions of our Website and some of our games may contain mat for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
You, as creator of your User ID, are completely responsible for your identity. Proficient City Limited will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID.
Proficient City Limited is not responsible for any misuse of your User ID, you agree to hold and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password. Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will use reasonable efforts to notify you by e-mail before we delete your User ID.
Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but Proficient City Limited will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges.
• Interruption of Service
(a) Proficient City Limited reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Proficient City Limited will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Services may be interrupted for reasons beyond the control of Proficient City Limited, and Proficient City Limited cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. Proficient City Limited shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(c) Proficient City Limited has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion. (d) Proficient City Limited is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c).
• Disciplinary Action/Account Termination
Proficient City Limited MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
Proficient City Limited can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of Proficient City Limited.
For the avoidance of doubt, you herby acknowledge Proficient City Limited has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation.
You may cancel your User ID by delivering notice to Proficient City Limited reserves the right to collect accrued fees and charges and costs incurred by Proficient City Limited before you cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before Proficient City Limited may allow you to register again.
At Proficient City Limited 's request, you agree to defend, indemnify and hold harmless (a) Proficient City Limited, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.
• Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Proficient City Limited AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, Proficient City Limited NTS? , PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMN2PGS, INCLUDING, BUT NOT LIMITED TO, DAMN Proficient City Limited FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF N2PG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMN2PGS), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that Proficient City Limited 's (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that Proficient City Limited cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
• Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Proficient City Limited AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, Proficient City Limited NTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Proficient City Limited AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, Proficient City Limited NTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMN2PG DAMN Proficient City Limited TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• Dispute Resolution
If a dispute arises between you and Proficient City Limited, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly.
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