PLEASE READ THESE TERMS OF USER AGREEMENT CAREFULLY! By using "HighStreet 5", you are agreeing to comply with and be bound by the following terms of use.
The Terms of User Agreement ("Agreement") constitutes the entire and only Agreement between you and EAGLEGAME LIMITED. ("EAGLEGAME"), which will be subscribed by registered users or the user of the software, products or services provided by or through the site.
The term "Site" refers to http://www.highstreet5.com or other websites you are visiting for the service of HighStreet 5, the "Software" refers to the product(s) you are using or are about to install, use and operate through our server. By completing the registration on the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a user. If you do not accept all of the terms and conditions of this Agreement please do not register. This Agreement may be amended at any time by EAGLEGAME from time to time without a specific notice to you; you hereby agree to review this Agreement by accessing the Site periodically to become aware of any such revisions. In order to avoid the losses of the user, such amendment or revision will be effective upon the posting of such revised Agreement on the official site of HighStreet 5.
1. Amendment and integrity
EAGLEGAME may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision will be effective upon posting of such revised Agreement on the EAGLEGAME site without specific notice to you. If any revision is unacceptable to you, you may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement will be deemed to be acceptance of all such revisions.
Meanwhile, in accordance with the needs, EAGLEGAME will release related norms, announcement and notice about the products and services, which may also relate to your rights and obligations. These documents will be a subsidiary to the Agreement and have the same effect.
2. Services and restrictions
EAGLEGAME offers HighStreet 5 as a 3D online game service accessible (the "Service") through the internet at "http://www.highstreet5.com ". EAGLEGAME reserves the right to change the URL address of the website at any time and from time to time. Any use of the website is governed by the same Agreement.
You must use the proper way to log in, and pay for all related costs of Internet access. If you use an illegal way to access Internet or game interface, EAGLEGAME possesses the right to restrict, suspend and terminate the services. If you perform, in any form, an illegal invasion or attack of EAGLEGAME servers, we will have the right to immediately prohibit your IP, terminate your account and registered use of eligibility.
Your account must be maintained at least once every 30 days login record. If not, EAGLEGAME will have the right to restrict, suspend and terminate the services; the information in the account will be removed.
Any questions about game operation and other services, please feel free to contact EAGLEGAME with your registered email. We will exert ourselves to assist you. For certain complex technical problems, due to large amount of information taking time for verification, or for losing information which can not be investigated, customer service may not make a timely reply.
3. Account information submission
You are required to complete a registration form containing a user name, email address, contact information and others. In consideration of the use of the service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the Site and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your user profile, as required. If any information provided is not true, accurate, current or complete, or EAGLEGAME has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then EAGLEGAME will have the right to suspend or terminate your right to use the service and refuse to provide any current or future service to you.
Please fill in the registration form with your true, accurate, current and complete information. The effective certificate is required to get to the customer support when your account in question.
To guarantee your rights, your effective certificate will act as the original registration information, and cannot be changed. The original information will be the evidence of your account ownership. If there are some changes of your certificate and original information, a copy of your valid certificate is required. EAGLEGAME will make the amendment according to your latest certificate.
4. Privacy
The personal information you provided to us during registration is used for our internal purposes only. We use the information collected to learn what you like and to improve the service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not sale, exchange, lease or open your name, address, email and any other of your personal information to any third party without your expressed approval. Based on the services provided by the EAGLEGAME, you agree to allow Eagle affiliates or partners to use your personal information for related services. You agree EAGLEGAME can make the statistic of your personal information, and for the public use not involving open your personal identity.
We will open your personal information under the following conditions:
A. Under the requirement of judicial or administrative agencies.
B. To safeguard the legitimate property and rights of EAGLEGAME.
C. Others who want to safeguard their legitimate rights and have offered the preliminary evidence.
D. In case of emergency for the protection of registered users or public safety.
5. Account and password
Each user who has filled out an on-line registration form on the Site is a registered user, and each registered user is assigned a user alias ("User ID") and password ("Password") for log-in access to its own account. At the time your Account is opened, you acknowledge that you agree not to change the name of the account. For the password, you can update it according to the provision. EAGLEGAME (include the Custom Service and the GM) will never ask for your password offline or online, although you will be required to enter your password as part of the log-on process. EALGEGAME does not protect you from unauthorized use of your password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. If you discover that your user name, password or account being illegal used or in a situation imperiling security, you should immediately notify EAGLEGAME to take appropriate measures; but if it is your negligence or failure to comply with the terms to lead to your user name, account or password's unlawful use, EAGLEGAME will bear no responsibility to any loss or damage.
Please take care of your password and account to avoid losing. The following preventive measures are recommended:
A. Please do not set too simplistic passwords, and enter a different one from the account name.
B. Please do not reveal your account, password and other original information to others.
C. Please try to avoid sharing the same computer for account login.
D. Please logout when leaving Internet cafes or other public places.
E. Please do not install illegal programs or use bots.
F. Please do not cursorily disclose your account and password to anyone in any name, and for further enquiry, please visit www.highstreet5.com or call our customer service.
6. Limited guarantee and liability
EAGLEGAME will not take any responsibility for software products and related services on the official site or make any express or implied guarantee (including, but not limited to marketability, whether applied to specific purposes, whether stable or tort), you need to bear all the risk and responsibility.
Any loss or damage you may suffer in use of the software, online gaming network products or other service provided by EAGLEGAME (including, but not limited to goodwill, data loss, computer damage or other loss and damage), EAGLEGAME and its related enterprise, partnership, branch and shareholders will not take any responsibility, even EAGLEGAME has been prior informed the possibility of damage may occur. EAGLEGAME will not take any responsibility for the loss of your personal data, statistic and any other game data. Due to any service interruption caused by ISP, software or hardware, EAGLEGAME will not take any responsibility.
If you trade the game (such as HighStreet 5) with other people in the real world, EAGLEGAME will not take any responsibility for any dispute caused by trading. In addition, damage or any loss caused by force majeure or other non-fault by EAGLEGAME, EAGLEGAME will not take any responsibility.
7. The behavior regulation for online games
As a registered user of our site, installation, operation or use any software product on our server, you must obey all the relevant Philippine's laws and regulations , to comply with the Internet and general moral norms, network protocol, regulation, procedure and practice.
User needs to guarantee not to use the product of EAGLEGAME for any illegal purpose or in any illegal way, and comply with the law or regulation of Philippines and other international common practice of using Internet. You are obeyed to agree not to do anything damage the interest and rights of the related people, enterprise, advertisement host and partnership of EAGLEGAME.
"Spamming," is prohibited. EAGLEGAME may take action on a User's account if any of the following offenses is reported:
A) Posting a similar or identical message to more than 5 bulletin boards;
B) Sending unsolicited mail to more than 30 people or
C) Sending more than two (2) unsolicited emails to a single email address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases "The Company" reserves the right to determine what stern actions of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts.
You are not allowed to do anything in violation of basic principles of the Constitution, including:
A. Endanger national security, leak state secrets, subvert the government, or undermine national unity; damage to national honor and interests; incitement to racial hatred and ethnic discrimination, disobey the state's religious policies, promote cult and feudal superstition; spreading rumors, disturb social order, or undermine social stability.
B. Publish or transmit any defamatory, abusive, threatening, offensive, indecent, obscene, false, contrary to public order or good customs or other illegal language, pictures or any form of files in the game.
C. Act against the reputation of other people, privacy policies, trade secrets, trademarks, copyrights, other intellectual properties etc. Breach the obligation of confidentiality established by law or contract. You are not allowed to use the real names or similar names of party and state leaders or other celebrity's registration, and you must not violate social ethics or civilized habit.
D. Transmission or spread computer virus.
E. Engaging in unlawful trading or posting false, soliciting crime messages.
F. Trafficking in firearms, drugs, pirated software or other prohibited goods.
G. You are not allowed to hack the server of EAGLEGAME, affect the operation of the site, nor interfere with both EAGLEGAME and its users.
H. You should take all the responsibility independently for realizing and disseminating information content of your character and all the activities in the game.
I. You are not allowed to purchase game points or in-game items in an illegal or fraudulent way, e.g. without the permission from the original payment account holder or self-claimed non-delivery etc. EAGLEGAME will restrict, suspend and terminate the game account and retrieve the game points/in game item back without prior notice to user in such a case.
J. You are not allowed to receive any game points or in game items that are purchased in an illegal or fraudulent way. EAGLEGAME will retrieve the game points or in game items from your game account if they are suspected to be illegal or fraudulent.
K. Other improper activities.
You agree that if you violate the aforementioned regulations, EAGLEGAME has the right to suspend or terminate your service, and deprive your qualification of registration. User will be severely punished in violation of announced obligation by EAGLEGAME. For serious cases, EAGLEGAME reserves the right to delete the account and take further lawful actions. EAGLEGAME will not refund you any paid amount; nor take any responsibility for the resulting loss or damage. Also you consent and commit to inform the EAGLEGAME customer service support if you find someone in violation of these regulations.
8. Game management
EALGEGAME reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
EAGLEGAME will provide you 7x24 hours customer service. If you find any problem with the account, please contact GM timely. Our customer service mailbox address is service@highstreet5.com.
We will do our best to ensure the interest of majority game players, in order to maintain a healthy, fair, orderly environment, please read all the following articles carefully and strictly, and comply with the game regulation. To the member who in violation of game regulation, we have the right to terminate their service, please be aware of game regulations to avoid any unnecessary loss.
When we find game players to change or modify the game program, use bots, intercept program of game data, attack server, their account will be closed permanently. Causing serious consequence, we will also pursue their legal responsibility. You are not allowed to use any sort of bugs, bots or any other illegal technical means to disrupt the order; both active and passive users will be punished and their account will be suspended or terminated. If you find any bugs in the game, please inform us timely and we will reward you properly.
Please help us create a harmonious game environment. All the game player are strictly forbidden to attack, slander, and insult or provoke GM staff during their conversation. To the serious case, we will deprive your rights or you are not allowed to play the game.
We do not encourage game player to use real currency trading virtual goods in the game (such as props and special visual effect) .We do not hope you put the advertisement in public chat channel and so on. If you perform illegal trade, we will not take any responsibility for the loss of your account or virtual goods.
If you find your account has been stolen or something wrong has occurred with your password, please contact us timely and send us all proof. We will help you to suspend the account and change the password. We will assist you to check your account but will not be responsible to any loss of your account.
If you have not logged on the game over 12 months, your account will be deleted automatically and cannot be restored.
You are not allowed to name your character by using the word including "EAGLEGAME" "Official" "GM" and "Game administrator" etc. Any nickname against the public morality or insulting the state's leader's name or combine the letter to the name of illegal organization will be strictly forbidden. If you do so, we may suspend or terminate your account (including illicit use of homonyms).
Please do not use any unconventional character to name your character that may cause character data anomaly. We can do nothing but delete your character.
Please be aware of the latest announcement on the top page of our site, and obey all the game regulations, help us to create a harmonious gaming environment.
9. Disclaimer
A. You agree to indemnify, defend and hold harmless towards EAGLEGAME and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, service provider customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your content, your violation of the Agreement or your violation of any rights of another User.
B. EAGLEGAME will not be liable for any irregular service interruptions. The member needs to undertake all the risk and consequence caused, such as unable to record the electromagnetic records resulting from the server overload, poor performance of the ISP network, any data downloading interrupts, and hacker attacks. EAGLEGAME will not live up to any liabilities caused by agreed actions of resetting or suspending server which may lead to the data restoring to the original backup. EAGLEGAME will try their best to avoid such incidents, but in the event of such occurrences, EAGLEGAME will not undertake any responsibility.
C. Any opinions, viewpoints, news and content indicated in the EAGLEGAME official forum are merely standing for the author who will be responsible for that.
D. EAGLEGAME will not recognize any communication on telephone, BBS and so on and are not responsible for any incidents that have taken place in offline transactions.
E. YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
EALGEGAME AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. THE COMPANY AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE COMPANY AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. EAGLEGAME MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIR USES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
10. Link to the third party sites
In order to provide convenient download conditions, we may link third party sites but this does not mean that they have been approved by us. You will need to check and comply with the relevant provisions of the third party sites.
11. Termination
You agree that in the event that you breach this Agreement or any other regulations, EAGLEGAME may suspend or terminate your username, password, account, and all service you are entitled to as well as your personal information modified, transmitted or deleted. In such cases, EAGLEGAME may suspend or terminate the account at any time with or without notice. If there is a system failure, program loophole or mistake, EAGLEGAME is authorized to revert your game data to the previous state to a certain date.
Moreover, you agree, EAGLEGAME will not undertake any responsibility to you or any third party in the aforementioned cases
12. Software use
The network service itself provided to our subscribers is business dealing. The users are accountable to pay for the corresponding fees in connection with the time consumed, and to operate the required computers and network equipment supporting the online games, as well as to bear the costs the surfer needs voluntarily.
The Agreement alleged software products, including without limitation to any computer software, computer codes, animations, drawing and pictures, sounds, musical compositions, audio-visual effects, methods of operation, characters, character names, dialogue, stories, printing materials, electronic documents, JAVA programs, advertisement, emails as well as other materials enjoying the intellectual property rights in accordance with the laws and regulations. The software products also include any updates and supplementary additions to the primary software provided by EAGLEGAME. All other undefined authorized rights are also possessed by EAGLEGAME.
Without the written consent beforehand of EAGLEGAME, you will not sell or sub-license the product completely or partly to others.
Without the written consent beforehand of EAGLEGAME, you may not duplicate, translate, sub-license, remake, derivate sources, reverse engineering, decompile, and disassemble as well as modify or delete the words or marks. But despite this restriction, it has no limit if it is applicable in law.
13. Intellectual property rights
The manufacture copyright of HighStreet 5 is owned by Suzhou Snail Game Electronics Co. Ltd.
The power of attorney for HighStreet 5 is owned by EAGLEGAME INTERNATIONAL LIMITED..
This software product including the software installing by you and the copyright and other rights of any software products in relation to the EAGLEGAME's web server are owned by Snail Game and other licensors. With the use of the accessible stuff in the software products, all the property rights and intellectual property rights belongs to respective obliges.
14. Compensation
You acknowledge that violation this Agreement will lead to irreparable consequence to EAGLEGAME. The retaining fees for arbitration or lawsuit occurring on this Agreement and other loss like the charges for investigation will be borne by the losing party.
15. Miscellaneous
If any provision of this Agreement is unlawful, with void confirmed by any judicature or arbitration facilities, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will 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 EAGLEGAME 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 EAGLEGAME.
Any notice from EAGLEGAME will be delivered to you in the mail address you provided.
The effectiveness, interpretation, fulfillment and dispute will comply with the Philippines laws. If you and EAGLEGAME are unable to resolve a dispute aroused from this Agreement through informal negotiations, either you or EAGLEGAME may elect to have the dispute finally and exclusively resolved by binding arbitration.
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 acknowledgement of my Agreement to be bound by the terms and conditions of this Terms of Use Agreement.
The Agreement is the exclusive integrated agreement reached by you and EAGLEGAME. |
