:: Gameclub ::

Acceptance Of Terms

Welcome to ph.gameclub.com. Gameclub provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us in our sole discretion from time to time without notice to you. You agree that your continued use of the Service (as defined below) after such update will constitute your acceptance of and agreement to be bound by the updated TOS. In addition, when using particular Gameclub services, you and Gameclub shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Gameclub also may offer other services from time to time that are governed by different Terms of Services. These TOS do not apply to such other services.

Description Of Service

Gameclub currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Gameclub properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Gameclub assumes no responsibility for the timeliness, currency, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You acknowledge that Gameclub is not responsible or liable in any way for your access to the World Wide Web. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service.

Your Registration Obligations

In consideration of the Service being made available to you, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gameclub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gameclub has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. Gameclub is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must provide proper guidance. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

Gameclub Privacy Policy

Registration Data and certain other information about you are subject to our Privacy Policy which is incorporated by reference into and made a part of this TOS. By giving the Registration Data and certain other information about yourself to Gameclub, you agree and acknowledge that Gameclub may release such information to third parties as specified in the Privacy Policy, and that you give consent to such disclosure.

Gameclub Account Registration

When you complete a Gameclub registration process, you create a Gameclub Account and become a Gameclub Member (��Member��). Your Account allows you to participate in certain games and activities on Gameclub. To create an Account, you must select a login name and password. Your login name is your Gameclub identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Gameclub Account. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. Gameclub will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your username/password, you can retrieve your username/passwords through our email based username/password recovery system.) You agree to indemnify and hold Gameclub harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join Gameclub again without our express permission. If you wish to rejoin the service, please contact www.ph.gameclub.com/support

eCoin, Virtual Assets, Refunds or Returns

Certain areas of the Site contain functions for purchasing in-game items and avatars ("Items") using on-Site fictional currency ("eCoin"). eCoin is not redeemable for real currency. Fees may also be charged for the right to use Items, and the purchased Items will be terminated within a limited time from the date of purchase as specified upon purchase. You should carefully review your limited right when you purchase the Items. Upon expiration, the Items will be terminated and removed without prior notification. Knowledge of Item expiration is the sole responsibility of each Gameclub Member. You further agree that there are no refunds or restorations available for any intentionally or accidentally lost, sold, traded, misplaced, or deleted Items. If any of your Items are removed or deleted prior to the expiration date due to an Gameclub game update, program upgrade, game policy update, or any other acceptable reasons send a report to Customer Support within seven days of alleged loss and we will investigate the issue and offer a resolution, possibly including compensation in form of an identical or comparable new item or reasonable amount of eCoin. This resolution determined at the sole and absolute discretion of Gameclub will be final. Use of eCoin, Game Currency or the Items for any purposes other than as authorized on the Site, whether online or offline is a violation of these Terms. You agree that Gameclub has the absolute right to manage, regulate, control, modify and/or eliminate such eCoin, Game Currency or Items as it sees fit in its sole discretion, and that Gameclub will have no liability to you based on its exercise of such right. Items can only be used on the ph.gameclub.com or our associated game sites. Offering or advertising the purchase or sale of any content from our Site is strictly prohibited. Specifically, the transfer, resale, exchange, or trade of any eCoin, Game Currency or Items is strictly prohibited and considered a violation of this Agreement. All eCoin, Game Currency and Items are valid for such period as specified. The applicable validity period starts on the date the item is purchased in case of purchased Item. You agree that Game Currency is a functional tool with no real world value that Gameclub technically provides to you for free for the amusement purpose only.

Member Conduct

As with all things, your use of the Program is governed by certain rules of conduct. These rules of
conduct (the "Member Conduct"), maintained and enforced exclusively by Gameclub, must be adhered to by all users of the Service. It is your responsibility to know, understand and abide by these Rules of Conduct. The following rules are not meant to be exhaustive, and Gameclub reserves the right to
determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Gameclub reserves the right to modify these Rules of Conduct at any time.

A. Rules Related to Usernames and Guild Designations.

1. Each user will either select a character name or allow the Program to automatically select a character name at random. Additionally, users may form "guilds�� or ��clans" and such guilds/clans will be required to choose a name for the guild/clan. When you choose a character name, create a guild, or otherwise create a label that can be seen by other players using the Program, you must abide by the following guidelines as well as the rules of common decency. If Gameclub finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Program.

2. In particular, you may not use any name:

	Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of Gameclub;
	That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
	Subject to the rights of any other person or entity without written authorization from that person or entity;
	That belongs to a popular culture figure, celebrity, or media personality;
	That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
	Belonging to any religious figure or deity;
	Related to drugs, sex, alcohol, or criminal activity;
	Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
	Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm", etc);
	Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman", etc)
	That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou", etc)
	That incorporates titles. For purposes of this subsection,"titles" shall include without limitation 'rank' titles (e.g. , "CorporalTed," or "GeneralVlad", etc), monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez", etc), and religious titles (e.g., "ThePope," or "Reverend Al", etc).

3. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name
restrictions.

B.Rules Related to "Chat" and Interaction With Other Users.

Communicating with other Users and Gameclub representatives is an integral part of the Program and is referred to in this document as "Chat." You understand that Gameclub may record your chat sessions and you consent to such monitoring or logging. Your Chat sessions may be subject to monitoring, logging, review, modification, disclosure, and/or deletion by Gameclub without notice to you. Additionally, you hereby acknowledge that Gameclub is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat in the Program, or otherwise utilizing the Program, you may not:

1. Transmit or post any content or language which, in the sole and absolute discretion of Gameclub, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to
circumvent the content and language restrictions listed above;

2. Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;

3. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Gameclub Game environment;

4. Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including but not limited to continuous advertisements to sell goods or services;

5. Communicate or post any user's personal information in the Program, or on websites or forums related to the Program, except that a user may communicate his or her own personal information in a private message directed to a single user;

6. Use bots or other automated techniques to collect information from the Program or any forum or website owned or administered by Gameclub;

7. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Program;

8. Cheat or utilize "exploits" while playing the Program in any way, including without limitation modification of the Program's files;

9. Participate in any action that, in the sole and absolute opinion of Gameclub, results or may result in an authorized user of the Program being "scammed" or defrauded out of eCoin, Game Currency or any other items that user has earned through authorized game play in the game;

10. Impersonate any real person, including without limitation any ";game master" or any other Gameclub agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Gameclub agent or employee.

C.Rules Related to Game Play

Game play is what Gameclub Games are all about, and Gameclub strictly enforces the rules that govern game play. Gameclub considers most conduct to be part of the Game, and not harassment, so player-killing characters on the same or opposite team, including spawn point, is considered a part of the Game. Because the Program is a "player vs. player" game, you should always remember to protect yourself in areas where other players can attack you, rather than contacting Gameclub's customer service representatives for help when you have been killed by other players. Nonetheless, certain acts go beyond what is ";fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

	Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
	Conduct prohibited by the EULA or these Terms of Use and
	Anything that Gameclub considers contrary to the "essence" of the Program.

Liability

Neither ph.gameclub.com, nor its parent, subsidiaries, licensors or affiliates shall be liable in any way for damage or loss of any kind resulting from (a) the use of or inability to use the service including without limitation loss of goodwill, work stoppage, computer failure or malfunction; (b) the loss or damage to player characters, accounts, statistics, inventories, user profile information stored by associated games; or (c) interruptions of service including without limitation ISP disruptions, software or hardware failures or any other event which may result in a loss of data or disruption of service. In no event will Gameclub be liable to you or anyone else for any direct, indirect, incidental, special, exemplary or consequential
damages.