Cubizone - Registration

Cubizone™ : Terms Of Use Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING CUBIZONE TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK "DECLINE." USE OF THE CUBIZONE WEBSITE, CUBINET WEBSITES OR SERVICES SIGNIFIES YOUR ASSENT TO THE TERMS OF USE INDICATED HEREIN.

Welcome to Cubinet Interactive Sdn. Bhd.’s ("Cubinet") "Cubizone®" or "Cubizone®" (the "PORTAL"). The Portal includes two components: (a) the software program(s) along with any accompanying materials or documentation (collectively, the "Program"), and (b) Cubinet’s proprietary game online service (the "Service"). All use of the Program(s) and Service is governed by the terms and conditions contained in this Agreement, including any future revisions. Any use of the Service not in accordance with the Terms of Use is expressly prohibited.
Cubinet currently has the rights and license to host the following “GAME”(s)

WanMei (Perfect World)

Eligibility.
You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create on the Portal.

Ownership.
All rights and title in and to the Program and the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Program, transcripts of the chat rooms, character profile information, recordings of games played on the Program, and the Program client and server software) are owned by Cubinet or its licensors. The Program and the Service are protected by Malaysian and international laws. The Program and the Service may contain certain licensed materials, and Cubinet's licensors may enforce their rights in the event of any violation of this Agreement.

Establishing an Account.
You may establish more than one (1) user account (the "Account") on the Portal. To establish an Account, you will be required to provide Cubinet with certain personal information. Your failure to supply accurate information to Cubinet when requested, or to update that information as it changes, shall constitute a material breach of this Agreement.

During the registration process, you will be required to select a username and a password that are unique to the Account (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Cubinet.

Limitations on Your Use of the Service.
Only Cubinet or its licensees have the right to host the Game(s). You may not host or provide matchmaking services for the Game, or intercept, emulate or redirect the proprietary communication protocols used by Cubinet in connection with the Program, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Program, adding unauthorized components to the Program, or using a packet sniffer while the Program is running.

You agree that you will not (i) modify or cause to be modified any files that are a part of the Program or the Service; (ii) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the Game(s)’s experience; or (iii) use any third-party software that intercepts, "mines", or otherwise collects information from or through the Program or the Service. Notwithstanding the foregoing, you may update the Program with authorized patches and updates distributed by Cubinet, and Cubinet may, at its sole and absolute discretion, allow the use of certain third party user interfaces.

You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Program or the Service.

Cubinet reserves the exclusive right to create derivative works based on the Program. You may not create derivative works based on the Program without Cubinet’s prior written consent.

Rules of Conduct.
As with all things, your use of the Program is governed by certain rules of conduct. These rules of conduct (the "Rules of Conduct"), maintained and enforced exclusively by Cubinet, 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 Cubinet 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. Cubinet reserves the right to modify these Rules of Conduct at any time.

Rules Related to Usernames, Character and Guild Names. 
Each user will create a character name within the Program. Additionally, users may form "guilds" and such guilds will be required to choose a name for the guild. When you create 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 Cubinet 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.
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 Cubinet;

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;

Taken from Cubinet's Game products;

Related to drugs, sex, alcohol, or criminal activity;

Comprised of partial or complete sentence (e.g., "Iamking", "Yousuck", etc);

Comprised of gibberish (e.g., "Asdfsdf", "Rthnien", "Prtyuiop");

Referring to pop culture icons or personas (e.g. " "OJSimpson", "McDonalds", "Cicakman")

That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g. , "SgtSid," or "CptnZed"), monarchistic or fantasy titles (e.g., "LordPisau", "DonMiguel"), and religious titles unless specifically permitted.

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.

Rules Related to "Chat" and Interaction With Other Users. 
Communicating with other Users and Cubinet representatives is an integral part of the Program and is referred to in this document as "Chat." You understand that Cubinet 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 Cubinet without notice to you. Additionally, you hereby acknowledge that Cubinet 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:

Transmit or post any content or language which, in the sole and absolute discretion of Cubinet, 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;

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;

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 Game(s) universe;

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;

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;

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

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

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

Participate in any action that, in the sole and absolute opinion of Cubinet, results or may result in an authorized user of the Program being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in the Program; or

Impersonate any real person, including without limitation any "game master" or any other Cubinet 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 Cubinet agent or employee.

Rules Related to Game Play 
Game play is what the Game(s) is all about, and Cubinet strictly enforces the rules that govern game play. Cubinet considers most conduct to be part of the Game(s), and not harassment, so player-killing the enemies of your race and/or guild, including corpse camping, 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 the members of hostile races or factions can attack you, rather than contacting Cubinet's in-game customer service representatives for help when you have been killed by an enemy. 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,

Anything that Cubinet considers contrary to the "essence" of the Program.

Security of Login Information.
You are responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of your Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify Cubinet by emailing support@cubinet.com.

Cubinet’s Absolute Right to Suspend, Terminate and/or Delete the Account.
CUBINET MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.

Ownership/Selling of the Account or Virtual Items.
Cubinet does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Cubinet owns, has licensed, or otherwise has rights to all of the content that appears in the Program. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. Cubinet does not recognize any virtual property transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of the Game.

Changes to the Terms of Use Agreement or the Program.
Cubinet reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Program, hours of availability, content, data, software or equipment needed to access the Program, effective with or without prior notice; provided, however, that material changes (as determined in Cubinet’s sole and absolute discretion) will be disclosed as follows: Cubinet will provide you with notification of any such changes to the Program through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Program and the Account. Your continued use of the Program following any revision to this Agreement constitute your complete and irrevocable acceptance of any and all such changes. Cubinet may change, modify, suspend, or discontinue any aspect of the Program at any time. Cubinet may also impose limits on certain features or restrict your access to parts or all of the Program without notice or liability.

Termination.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and deleting the Program. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game points or materials pertaining to Cubizone or any of Cubinet’s Games. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Cubinet may terminate this Agreement with or without notice by terminating your Account.

Warranty Disclaimer
THE PROGRAM IS PROVIDED "AS IS" AND CUBINET DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUBINET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability
NEITHER CUBINET 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 PROGRAM OR 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 THE GAME(S); 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 CUBINET BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

Force Majeure
Cubinet shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Cubinet, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Cubinet'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.

Acknowledgments.
You hereby acknowledge and agree that:

WHEN RUNNING, THE PROGRAM MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME(S). AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN CUBINET'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE WAN MEI/PERFECT WORLD INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY CUBINET; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE PROGRAM. IN THE EVENT THAT THE PROGRAM DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE PROGRAM OR SERVICE MAY (a) COMMUNICATE INFORMATION BACK TO CUBINET, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

WHEN THE PROGRAM IS RUNNING, CUBINET MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.

Cubinet may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. Cubinet may use or disclose your personal information if Cubinet believes that doing so may protect your safety or the safety of others.

CUBINET MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.

You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that Cubinet would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Cubinet shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Cubinet may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

Dispute Resolution and Governing Law

Informal Negotiations. 
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Cubinet agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Cubinet will send its notice to your mailing address and email you a copy to the email address you have provided to us. You will send your notice to support@cubinet.com.

Binding Arbitration. 
If you and Cubinet are unable to resolve a Dispute through informal negotiations, either you or Cubinet may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under Malaysian law. The determination of whether a Dispute is subject to arbitration shall be governed by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the related Rules and Laws and, where appropriate, limited by Malaysian Consumer Rules. If such costs are determined by the arbitrator to be excessive, Cubinet will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Cubinet may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Restrictions.
You and Cubinet agree that any arbitration shall be limited to the Dispute between Cubinet and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration. 
You and Cubinet agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Cubinet’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

Location. 
If you are a resident of Malaysia, any arbitration will take place at any reasonable location within Malaysia convenient for you. For residents outside Malaysia, any arbitration shall be initiated in Kuala Lumpur, Malaysia. Any Dispute 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 by a court of competent jurisdiction within the city of Kuala Lumpur, Malaysia and you and Cubinet agree to submit to the personal jurisdiction of that court.

Governing Law. 
Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the Laws of Malaysia, without regard to choice of law principles. For our customers who access the Service from Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by Cubinet to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of Malaysia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.

Severability. 
You and Cubinet agree that if any portion is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect. If potions are found to be illegal or unenforceable then neither you nor Cubinet will elect to arbitrate any Dispute falling within that portion found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Kuala Lumpur, Malaysia and you and Cubinet agree to submit to the personal jurisdiction of that court.

Miscellaneous.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Cubinet concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Cubinet; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE PROGRAM AND/OR THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

I have read and fully agree with the Game Policy AND End User License Agreement.