PLEASE READ THE FOLLOWING LEGAL DOCUMENTS CAREFULLY.
Privacy Policy
Last updated on January 25, 2011
En Masse Entertainment, Inc. ("En Masse", "we," or "our") respects your privacy and is committed to protecting the Personal Information that you may provide us while using our site located at http://tera.enmasse.com (the "Site") and the services and features offered through the Site. Your use of the Site is subject to your agreement to the terms of this privacy policy ("Privacy Policy") and the Terms of Service.
YOUR ACCEPTANCE OF THIS PRIVACY POLICY IS A NECESSARY CONDITION FOR USING THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES EN MASSE PERFORMS ON BEHALF OF ITS AFFILIATES. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY'S TERMS AND CONDITIONS.
1. Personal Information. As used in this Privacy Policy, "Personal Information" is information that would allow someone to identify or contact you, including, for example, your full name, address, telephone number, or email address. Personal Information does not include aggregated information that, by itself, does not permit the identification of individual persons (like statistics about how many persons visited the Site last month, or how many visitors are male and how many are female). En Masse does not collect any Personal Information from you unless you provide it to us voluntarily. If you refuse to divulge your Personal Information when requested, you may not be able to access certain areas of the Site.
2. Site Registration. In order for you to register for an account En Masse may require you to provide us with certain information including your name, birth date, e-mail address, and mailing address. We do not require Personal Information to obtain access to the Site; however, you will not be able to access areas that require registration.
3. Non-Personal Information. In addition to account registration data, En Masse will automatically collect certain non-Personal Information about your use of the Site. We might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your browsing behavior through the Site, and the web site or advertisement that was linked to or from the Site when you visited. To do this, we may use cookies and other technology (see below). Your visits to the Site, and information provided through these technologies, will be anonymous unless you provide us with Personal Information or have provided such information in the past. This information is used to help improve the Site, analyze trends, and administer the Site.
4. Cookie and Related Technologies. En Masse uses cookies and other technologies to collect demographic information, personalize your experience on the Site and monitor advertisements and other activities. Cookies are small files downloaded to your computer (if your browser is enabled to accept cookies) to track movements within web sites. We may link cookie information to Personal Information. We use cookies and other technology to customize your experience within the Site. Personal Information collected through the use of these technologies will be handled according to this Privacy Policy.
Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site may not function properly.
We do not control cookies in third party ads, and you are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads appearing on the Site may be delivered to you by third-party advertising companies. These companies may use information about your visits to this and other web sites in order to provide advertisements on the Site and other sites about goods and services that may be of interest to you.
We also maintain log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. We use log files to monitor traffic on the Site, to report information to our advertisers and to troubleshoot technical problems. In the event of user abuse of the Site, we may block certain IP addresses. IP addresses may be used to personally identify you in order to enforce our Terms of Service and any applicable end user license agreement.
5. Statistical and Usage Data. When you use the Site, we may retrieve information about your hardware system and how our services are used, including your IP address. We use this information to enable you to use the services offered through the Site over the Internet. We also use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services.
6. How Personal Information is Used. The Personal Information collected from you will be used to operate the Site and to provide the products or services or carry out the transactions you have requested or authorized.
In support of these uses, En Masse may use Personal Information to provide you with more effective service, to improve the Site and any related En Masse products or services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information. In order to offer you a more consistent experience in your interactions with En Masse, information collected by the Site may be combined with information collected by En Masse from other sources.
We may use your Personal Information to provide you with information about the product or service that you have purchased or inquired about. Additionally, we may send you information about other En Masse products and services, and/or share information with En Masse partners so they may send you information about their products and services.
We may merge Site-visitation data with demographic information, and we may use this information to provide more relevant content. We may combine Site-visitation data with your Personal Information in order to provide you with personalized content.
En Masse may hire other companies to provide products or services on our behalf, and we may provide such companies with Personal Information to help them perform their duties.
En Masse may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on En Masse; (b) protect and defend the rights or property of En Masse or its affiliates; or (c) act in urgent circumstances to protect the personal safety of En Masse employees or agents, users of En Masse products or services, or members of the public.
Personal information collected on the Site may be stored and processed in the State of Washington or any other state or country in which En Masse or its affiliates or agents maintain facilities, and by using the Site you consent to any such transfer of information to another state or country.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any Personal Information contained in our database for such site, if En Masse or one of its companies assigns all of its rights and obligations regarding the use of your Personal Information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of En Masse's assets to a subsequent owner or operator, or similar event.
Please do not use your real name or the real name of another person when selecting a username. Please note that your username will be available to the Internet's general public while you participate in some services, like message boards or forums, so you should exercise discretion when using these services. We are not responsible for protecting such information that you may disclose to third parties through our services.
7. Children Under the Age of 13. Because the Site is not directed to children under the age of 13, we prohibit registration to persons under age 13. If you are under the age of 13, you may not create an account on the Site. We will not knowingly collect, maintain, or disclose any Personal Information from children under the age of 13.
8. Children Between the Ages of 13 and 18. In order to protect the privacy interests of younger Internet users, En Masse does not allow children under the age of 18 to use our services without the consent of their parents. En Masse complies with the Children's Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet. We do not disclose any Personal Information about children under 18 years of age who have registered on the Site to third parties, or share or disclose Personal Information other than as set forth in this Privacy Policy; provided however, that in the event of a merger, acquisition, bankruptcy, or similar transaction, management of our customer information may be transferred to our successor or assign.
9. Links and Third Party Services. If you click on a link to a third party site, including on an advertisement, you will leave the Site and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your Personal Information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as En Masse. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the Site, you should consult that site's privacy policy before providing any Personal Information.
10. Accessing or Changing Personal Information. To review and update your Personal Information stored with En Masse, please access your account.
11. Security of Personal Information. En Masse follows generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as a credit card number) on the Site, we encrypt that information using secure socket layer (SSL) technology. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
12. Information for People Outside the United States. By accepting this Privacy Policy, you confirm your command and knowledge of English is sufficient to understand the terms and conditions set forth herein. For persons in European Union countries, as used herein, terms such as "Personal Information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). We will not collect any personal data from you unless you provide it voluntarily. By using the Site, you agree that we may transfer your personal data outside the European Union in connection with the purposes stated in this Privacy Policy. Your personal data may be transferred to the United States, and/or other non-EU jurisdictions, as applicable.
13. Other Agreements That Govern Your Use of The Site. In addition to this Privacy Policy, your rights and obligations concerning the use of the Site are governed by our Terms of Service, any end user license agreement, any other supplemental agreements, and other applicable policies, guidelines, and requirements. When you sign up to use the Site, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.
14. Notice of Changes to the Privacy Policy. By using the Site, you signify your assent to En Masse's Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will also revise the "last updated" date at the top of this Privacy Policy, and may attempt to notify you by email, pop-up screen, or by means of a notice somewhere else on the Site. Your continued use of the Site will signify your acceptance of the changes to our Privacy Policy.
End User License Agreement
WHEN YOU USE EN MASSE ENTERTAINMENT, INC.'S WEBSITE AND RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE END USER LICENSE AGREEMENT, THE TERMS OF SERVICE, THE RULES OF CONDUCT, THE PRIVACY POLICY AND ANY OTHER SUPPLEMENTATL AGREEMENTS AND POLICES OF EN MASSE ENTERTAINMENT, INC. THE END USER LICNESE AGREEMENT, TERMS OF SERVICE, PRIVACY POLICY AND ANY OTHER SUPPLEMENTAL AGREEMENTS OF EN MASSE ENTERTAINMENT, INC. MAY BE AMENDED FROM TIME TO TIME AT OUR SOLE DISCRETION.
If you have any questions regarding this EULA, or any supplemental terms, please contact us.
1. Grant of a Limited Use License
By agreeing to this Agreement, you may install the game client software (hereafter referred to as the "Game Client") onto your machine for purposes of playing TERA, and may register for and access an account with the Service (the "Account"). Subject to your agreement to and continuing compliance with this Agreement, En Masse hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on a machine owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only. You hereby agree that all use of the Game Client is subject to this Agreement and to the Terms of Service.
2. Additional Limitations
The license granted to you in Section 1 is subject to the terms and conditions of this EULA and any supplemental terms including the Terms of Service. You hereby agree that any use of TERA in violation of any of the limitations set forth in Sections 1 and 2 will be regarded as an infringement of En Masse's rights in and to TERA, including but not limited to copyrights. You agree that you will not, under any circumstances:
A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on TERA; provided, however, that you may make one (1) copy of the Game Client and the manuals for backup or archival purposes only;
B. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of TERA;
C. exploit TERA or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of En Masse; (b) for gathering in-game currency, items or resources for sale outside the game of TERA; (c) performing in-game services in exchange for payment outside the game of TERA, e.g., power-leveling; or (d) performing advertising or solicitations for a third party;
D. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through TERA or the service, including without limitation any software that reads areas of RAM used by En Masse for TERA to store information about a character or the game environment; provided, however, that En Masse may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
E. access TERA from any Internet protocol addresses, computers or proxies that En Masse may prohibit in its sole and absolute discretion;
F. modify or cause to be modified any files that are a part of the Game Client of TERA in any way not expressly authorized by En Masse;
G. host, provide or develop matchmaking services for TERA, or intercept, emulate or redirect the communication protocols used by En Masse in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;
H. facilitate, create or maintain any unauthorized connection to TERA or related services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by En Masse;
I. sell, grant a security interest in or transfer reproductions of any part of TERA to other parties in any way not expressly authorized herein, or rent, lease or license any party of TERA to others;
J. sell, transfer or assign any Account, or any items incorporated into or part of TERA, including but not limited to any characters; or
K. infringe a third party’s intellectual property or other rights, or violate any law or regulation applicable to you.
3. Separately Licensed Software
TERA may contain third party software and/or content which are licensed to you pursuant to a separate agreement (the "Separately Licensed Software"). You agree that En Masse may install the Separately Licensed Software onto your machine during the Game Client installation process. You agree that you will not copy, reverse engineer, derive source code from, modify, disassemble, or decompile any Separately Licensed Software, create any derivative works based on any Separately Licensed Software, or infringe or misappropriate any intellectual property or other rights embodied in any Separately Licensed Software. You also agree that you will not access or use any Separately Licensed Software until and unless you agree with the end user license agreements provided by the licensors of such Separately Licensed Software. The terms of each such end user license agreement will replace and supersede this Agreement, but only with regard to the applicable Separately Licensed Software referenced in such agreement. For the avoidance of doubt, if any third party software and/or content contained in TERA is deemed not covered by a separate end user license agreement, then it is governed by the terms and conditions of this EULA.
4. Limited Warranty and Disclaimer
TERA AND ALL RELATED SOFTWARE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EN MASSE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, En Masse does not ensure continuous, error-free, secure or virus-free operation of TERA or your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or from country to country.
5. Limitation of Liability
NEITHER EN MASSE ENTERTAINMENT, INC. 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 TERA AND RELATED SOFTWARE AND SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; 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. YOU AGREE THAT EN MASSE WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS, ALL LIABILITY FOR NON-CONTRACT CLAIMS, WHETHER BASED ON NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE. IN NO EVENT WILL EN MASSE BE LIABLE FOR SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE), EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO EN MASSE IN ADVANCE OR COULD REASONABLY HAVE BEEN FORESEEN BY EN MASSE.
6. Acknowledgement
i. WHEN YOU ACCESS OR USE TERA, EN MASSE 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). EN MASSE MAY USE SUCH INFORMATION FOR, AMONG OTHER THINGS, IMPROVING TERA SERVICES OFFERED TO YOU, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS EULA, THE TERMS OF SERVICE, THE PRIVACY POLICY OR ANY SUPPLEMENTAL AGREEMENTS;
ii. En Masse may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if En Masse believes that doing so may protect your safety or the safety of others;
iii. 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 TERA;
iv. you are wholly responsible for the information you decide to disclose to others, including without limitation your real name; En Masse does not encourage users to disclose their personal information to others.
7. Equitable Remedy
In the event that you breach this EULA or any other supplemental terms, including the Terms of Service and the Privacy Policy (collectively the “Legal Agreement” for Section 7 and 8), you hereby agree that En Masse would be irreparably damaged if the Legal Agreement were not specifically enforced, and therefore you agree that En Masse shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Legal Agreement, in addition to such other remedies as En Masse may otherwise have available to it under applicable laws.
8. Dispute Resolution and Governing Law
If a dispute arises between you and EN MASSE, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and EN MASSE agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement or our service (a "Claim") in accordance with one of the subsections below.
(a) The Legal Agreement and the relationship between you and EN MASSE shall be governed in all respects by the laws of the State of Washington without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
(b) You and EN MASSE agree to submit to the exclusive jurisdiction and venue of the courts located in Seattle, Washington, except as provided in subsection 15(c) below regarding optional arbitration. Notwithstanding this, you agree that EN MASSE shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
(c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) All Claims you bring against EN MASSE must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, EN MASSE may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that EN MASSE has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
9. Force Majeure
En Masse is not liable for any failure to perform its obligations if such failure results from Acts of Gods (including, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster), wars, acts of terror, riots, government sanctions, embargos, accidents, labor disputes, strikes, interruption of or failure to receive materials, energy, electricity or Internet service, or any other thing beyond En Masse’s reasonable control.
10. Export Control
TERA and any part of TERA may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Miscellaneous
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Service. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern. The provisions of Sections 2, and 4-11, shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed and the remainder of this Agreement shall be given full force and effect.