background image
Birdy Icon Log In
LOG IN WITH YOUR PLAYER INFORMATION
Username:
Password:
Birdy Icon PLAY FREE
CHOOSE YOUR DEISRED PLAY METHOD:

Terms Of Use Agreement

1. Ownership and Agreement to Terms of Use

Welcome to PerBlue, Inc.'s ("PerBlue", "We", "Our") location-based massively multi-player online role-playing game, Parallel Kingdom ("Game"), and all associated PerBlue services provided at or through Parallel Kingdom (collectively, "PK") including http://www.parallelkingdom.com and http://www.perblue.com however accessed and/or used, whether via personal computers, mobile devices, tablets, handheld devices, or through other interactive services, features, applications, and downloads (collectively, “Websites”).

Subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe (collectively, "use" or "using") to PK ("You", "Your", "Users") do so under this Terms of Use Agreement ("Terms of Use").

Any physical device used by Users to use PK and connect with our servers, regardless of its type or method of connection, will be referred to as “Device” in this Terms of Use policy.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING PK, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU UNDERSTAND THE TERMS OF USE, AND AGREE TO BE BOUND BY THE TERMS OF USE.

PERBLUE RESERVES THE RIGHT, IN OUR SOLE DISCRETION TO MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME ("CHANGES"). IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF PK WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.

IF YOU DO NOT AGREE TO THE TERMS OF USE NOW, OR IF AT ANY TIME THE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF PK IMMEDIATELY.

THE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND PERBLUE.

You may receive a copy of this Agreement by emailing us at: legal@parallelkingdom.com, Subject: Request Terms of Use Agreement.

This Terms of Use Agreement is solely between You and PerBlue, and does not include any of PerBlue's licensors or any third party to which the Website links, any mobile provider, any Device provider, or any advertising network. PerBlue is solely responsible for PK and related content.

The Terms of Use incorporate by reference PerBlue's Privacy Policy located at http://www.parallelkingdom.com/privacy.aspx. Please read the terms of these documents carefully as You agree to them when You agree to the Terms of Use.

As long as You comply with the Terms of Use, PerBlue grants You a personal, non-exclusive, non-transferable, limited privilege to use PK on a Device.

Subject to the Terms of Use, You may become a PK account holder, play the Game, invite others to play the Game, transmit Your Location Information and actions to other Users, allow Users to transmit their Location Information and actions to You and submit text, messages, information and other content and data as permitted by the functionality of the Game or the Website (including Forums, chat, and bulletin boards) ("User Submissions"). Support and maintenance of PK is provided by PerBlue. In no event shall Apple, Google, or any other PerBlue licensors have any obligation with respect to maintenance and support services for PK.

2. Age Restriction

PK’s users must be aged 13 years or older at the time of account creation. If you are under the age of 13, cease using PK immediately.

Players who are 13 or older but under the age of 18 agree to review these terms and conditions with their parent or legal guardian. By using PK, both you and your parent or legal guardian understand and agree to the terms of use, and you agree to have your parent or guardian review and accept the terms of use on your behalf.

If you are a parent or legal guardian of a child 13 years or older, but under the age of 18, whose child wishes to use PK, you must agree to and accept the terms of use and take full responsibility for your child's use of PK, including all financial charges and any legal liability that may result.

If you are a parent or legal guardian of a child who is using PK and you wish PerBlue to disable your child's account, please email PerBlue at legal@parallelkingdom.com, subject: Delete my child's account.

3. Your Conduct

You agree NOT to:
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Game in any form of client or server, including code in any and all programming languages;
  • modify or attempt to modify or in any way tamper with the Game, including without limitation modifying or automating the Game characters or changing, blocking or in any way disrupting Location Information from the Device of any User (including Yours) so that such Location Information no longer reflects the true and correct location of a User;
  • block any advertising in connection with PK;
  • copy or clone the Game
  • use profanity in any communications with other Users in all available channels supported in relationship to PK including chats, personal messages, status messages, profile pictures, and player bios;
  • include any sexually explicit text, picture, or other material or language including references to sexually explicit material in any communication to other Users in all available channels supported in relationship to PK including chats, personal messages, status messages, profile pictures, and player bio;
  • include any personally identifiable information in your user ID or Game alias;
  • use the Game to find the location of any other User other than for purposes of playing the Game;
  • stalk, harass or threaten other Users;
  • physically or emotionally harm other Users;
  • commit any illegal action through use of the Game;
  • sell items, user accounts, or access to user accounts or Game content for valid currency or items of monetary value;
  • share or allow others to use Your account. You are responsible for maintaining the security of Your account, including, but not limited to, login information, password, e-mail, and all activity that occurs on Your account, including, but not limited to, Food purchases, item drops, messages, and chats;
  • transfer an account to any other person or entity for any reason including in the event of death or any disability;
  • maintain more than one account;
  • reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
  • attempt to impersonate any other party whether a person or entity;
  • create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
  • trick, defraud or mislead PerBlue or other Users, especially in any attempt to learn sensitive account information such as passwords and login information;
  • take advantage of any glitch or bug in PK, especially in any attempt to gain monetary value or learn sensitive account information of other Users;
  • make improper use of PerBlue’s support services or submit false reports of abuse or misconduct;
  • engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
  • disparage, tarnish, or otherwise harm, in PerBlue's opinion, PK and/or PerBlue including its owners and employees;
  • disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
  • interfere with or circumvent any security feature of PK or any feature that restricts or enforces limitations on use of or access to PK or User Submissions;
  • engage in cheating or any other activity deemed by PerBlue to be in conflict with the spirit or intent of PK.

4. Disclaimers

You acknowledge and agree that PerBlue has offered PK and entered into the Terms of Use with You in reliance upon these disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the disclaimers and the limitations of liability set forth in the Terms of Use reflect a reasonable and fair allocation of risk between You and PerBlue, and that the disclaimers and limitations of liability set forth in this agreement form an essential basis of the bargain between You and PerBlue. PerBlue provides PK to You with these disclaimers and limitations on liability.

PK is intended only as a location-based Game for Devices. It should not be used or relied on as an emergency locator system, used while driving or operating any vehicle or other means of transportation, or used in any situation where such use could lead to death, personal injury, severe physical injury or property damage. You agree that your use of PK shall be at your sole risk. PK is provided "as is" and without any warranties of any kind.

PerBlue expressly disclaims all warranties, expressed or implied, related to PK and your use thereof, including, warranties of title, merchantability, fitness for a particular purpose or non-infringement or warranties of uninterrupted, timely, secure, or error-free use or operation.

If you purchased the Game from a third party platform (e.g. the Apple App Store or the Google Android Market), your sole remedy is to request a refund from such platform and, consistent with its policies, the platform will refund the purchase price for PK to you. To the maximum extent permitted by law, the platform will have no warranty obligation whatsoever with respect to PK and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of PK.

PerBlue does not warrant or make any representations regarding the use or the results of the use of any PK Location Information, terms of security, safety, correctness, accuracy, reliability, or otherwise. You assume the entire cost of and responsibility for any necessary servicing, repair, or correction related to your use of PK or download of the Game. In no event shall PerBlue or any third party platform be responsible for any such servicing, repairs or corrections. You understand and agree that you access, download, or otherwise obtain PK, or material or data through the use of PK, at your own discretion and risk.

PerBlue assumes no liability or responsibility for (a) errors, mistakes, or inaccuracies of PK; (b) any products or services listed on or purchased through PK; (c) any acts, omissions and conduct of any users, advertisers and/or other parties on or through PK; (d) any unauthorized access to or use of PK servers and/or any and all personal information or other data stored therein; (e) any interruption or cessation of transmission to or from PK; (f) any injuries physical or emotional to you or third parties related to use of PK; (g) any illegal activity in connection with PK; and (h) any bugs, viruses, trojan horses, or the like which may be transmitted to or through PK.

PerBlue does not warrant, endorse, guarantee, or assume responsibility for any product listed or sold by a third party through PK or any hyperlinked website or featured in any advertisements.

To the maximum extent permitted by law, PerBlue expressly disclaims all liability for product defect or failure of PK or the Devices on which it is loaded, claims that are due to normal wear, PK or Device misuse, abuse, modification, improper product selection, non-compliance with any codes, or misappropriation. PerBlue makes no warranties to those defined as "Consumers" in the Federal Trade Commission's Magnuson-Moss Warranty Act.

PerBlue will not be a party to or in any way be responsible for monitoring any transactions or interactions between You and other Users or third-parties. As with use of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

5. Limitation of Liability

To the fullest extent permitted by law: in no event will PerBlue be liable for consequential, indirect, incidental, punitive, reliance, exemplary or special damages arising out of or in connection with (a) these Terms of Use; (b) the use, disclosure, display, or maintenance of Your personal information and Location Information; (c) Your inability to use PK; (d) PK generally; (e) the software or systems that make PK available; (f) your failure to maintain the security of Your account login and password information; or (g) any other interactions with PK, PK Users, or third parties in connection with PK.

The limitations of liability in this section shall apply even if PK or a PK authorized representative has been advised of the possibility of such damages. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this Terms of Use agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.

In no event will PerBlue's aggregate liability arising out of or in connection with the Terms of Use, whether in contract, tort (including negligence, product liability or other theory), warranty or otherwise, exceed the greater of the amount paid by the Users to use PK or $50.

Your sole and exclusive remedy from any use of, or inability to use, PK, shall be for you to discontinue use of PK.

To the extent that there are claims not covered by the disclaimers, limitations of liability and indemnifications herein, PerBlue, not any third party platform, is responsible for addressing any of such claims related to PK or Your possession and/or use of PK, including but not limited to (a) product liability claims; any claim that PK fails to conform to any applicable legal or regulator requirement; and (b) claims arising under consumer protection or similar legislation.

In the event of any third party claim, not covered by the disclaimers, limitations of liability and indemnifications herein, that PK or your possession and use of PK infringes that third party's intellectual property rights, PerBlue, not any third party platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6. Indemnification

You agree to indemnify, defend at PerBlue's request, and hold harmless PerBlue, its affiliates, officers, directors, employees and agents (the "Indemnified Parties") from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, expenses and any other liabilities (including attorney's fees, litigation expenses and settlement amounts) arising from or related to (a) Your use or misuse of any Location Information or PK generally; (b) any violation of the rights of, or injury to, any other person or entity either directly or indirectly caused by You; (c) any breach or violation by You of the Terms of Use; (d) Your use of PK to meet another User in-person; (e) Your use of PK to locate any physical location or attend any offline event; (f) Your use of, or inability to use, PK; (g) any of Your User Submissions; Your infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (h) any acts or omissions by You as a User of the Game or as the organizer of a Game group created by You and made up of other Game Users; (i) any product listed or sold by You in connection with PK, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; (j) Your violation of any law, rule or regulation, whether local, state, federal or international; (k) any other party's access and use of PK or the Game with Your unique username, password or other appropriate security code; or (l) any negligence or willful misconduct by You. You agree not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.

7. Content Ownership

All of the content on PK including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content ("Content"), is owned by PerBlue, its licensors, vendors, agents or content providers. All elements of PK including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes.

PK may only be used for the intended purpose for which PK is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth herein, the Terms of Use only allow You to display, view, play, print, and download Content for Your own personal, informational, and noncommercial purposes. PK and the Content will remain the exclusive property of PerBlue or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on PK.

Modification of the Content or use of the Content for any purpose other than specified in the Terms of Use is a violation of PerBlue's legal rights. For purposes of these Terms of Use, the use of Content on any other website or networked computer environment is prohibited unless explicitly stated otherwise.

8. User Submissions

You hereby acknowledge and agree that PerBlue does not guarantee any confidentiality or anonymity with respect to any user submissions ("User Submissions") in all User editable sections of PK, including, but not limited to, the Game, the Websites including the Forum and Guide, personal messages, chats, profiles, and bug tracking systems. You will be solely responsible for your own User Submissions. You represent and warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize PerBlue to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by PK and the Terms of Use.

You retain all of Your ownership rights in Your User Submissions. However, by submitting User Submissions to PK, You grant PerBlue a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with PerBlue (and its successors' and affiliates') businesses, including for promoting and marketing PK, the Game (and derivative works thereof) in any media formats and through any media channels or platforms now known or hereinafter invented. Such license may also be exercised on behalf of PerBlue by third parties acting on PerBlue's behalf (e.g. technology partners, service providers and independent contractors). You also grant each other User a non-exclusive license to access Your User Submissions through PK, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of PK and under these Terms of Use.

PerBlue reserves the right to remove or decline to post any User Submissions at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that the User Submissions are inappropriate or fail to comply with the Terms of Use. PERBLUE HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER, THIRD PARTY OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. PerBlue is not responsible for the back-up of any of User Submissions or any lost data resulting from the use, operation or discontinuation of any aspect of PK. You are solely responsible for maintaining back-ups of Your User Submissions and any information generated or stored through the use of PK.

PerBlue is not responsible for any User Submission posted in connection with PK. You agree not to: publish, post, distribute, or otherwise disseminate any User Submission that is libelous, defamatory, that invades privacy, or is obscene, pornographic, abusive, harassing, or otherwise unlawful or objectionable or which infringes on any intellectual property or other rights of any entity or person; threaten, harass, stalk, abuse others, or otherwise cause distress or unwanted attention to any person; engage in any unlawful purpose, or use PK in a manner that is contrary to any law or regulation; promote or encourage any illegal activity; transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of PK; impersonate another User, use another User's login, or violate the Terms of Use or the conduct agreements posted in the section labeled ‘Your Conduct’.

9. Virtual Items

PK may also include virtual, in-game digital items (“Virtual Goods”) including but not limited to virtual Food, that may be purchased from PerBlue for valid currency. (a) Regardless of the terminology used, Virtual Goods may never be redeemed for valid currency, goods or other items of monetary value from PerBlue or any other party. (b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods in PK, you have no right or title in or to any such Virtual Goods appearing or originating in PK, or any other attributes associated with use of PK or stored within PK. (c) PerBlue has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Goods as it sees fit in its sole discretion, and PerBlue shall have no liability to you or anyone for the exercise of such rights. (d) Transfers of Virtual Goods are strictly prohibited except where explicitly authorized within PK. Outside of the Game, you may not buy or sell any Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from PK and possible legal action. (e) You agree that all sales of Virtual Goods are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods are forfeited if your account is terminated or suspended for your violation of these Terms of Use or any other misconduct, as determined by PerBlue in PerBlue's sole and absolute discretion, or if PerBlue discontinues providing PK. (f) You agree to not dispute or charge-back any payments for purchases that have been successfully credited to your account within PK or otherwise attempt to defraud PerBlue. Should PerBlue receive notice of any payment disputes or charge-backs for successfully completed purchases which have already been credited to Your account, You agree that Your account will be temporarily suspended until the payment dispute or charge-back is canceled. If the dispute or charge-back is not canceled in time, and the funds from the purchase are reversed by the payment processor, Your account will be indefinitely suspended until You re-pay said funds to PerBlue, in addition to any Fees charged to PerBlue by the payment processor for having reversed the transaction.

10. Platinum Membership Subscriptions

A User may also choose to subscribe to a monthly Platinum Membership subscription ("Subscription" or "Subscriptions") that may be purchased from PerBlue for valid currency. When purchasing a Subscription, the User must use a major credit card through Google Checkout or PayPal in order to register for the service.

Subscriptions that a User purchases from PerBlue through Google Checkout are one-time, non-renewing purchases, which will automatically expire after the length of time of the Subscription interval purchased has elapsed.

Subscriptions that a User purchases from PerBlue through PayPal can be purchased as either one-time non-renewing purchases or in automatically-renewing billing cycles. If purchased via the one-time non-renewing intervals, the Subscription will automatically expire after the length of time of the interval purchased has elapsed. If purchased via the automatically-renewing billing cycles, the Subscription will remain active on the User’s account indefinitely, or until canceled by the User, and will automatically re-bill their PayPal account at the beginning of each new billing cycle.

A User can cancel the automatic renewal of their Subscription through PayPal at any time prior to its renewal date by clicking the ‘cancel’ button on their Profile in-game, or by visiting their profile from the Website, logging in with their PK account name and password, and then clicking the ‘cancel’ button.

By purchasing a Subscription you agree that a) all sales of Subscriptions are final. No refunds will be given, except in our sole and absolute discretion; b) PerBlue has the absolute right to manage, regulate, control, modify and/or eliminate such Subscriptions as it sees fit in its sole discretion, and PerBlue shall have no liability to you or anyone for the exercise of such rights; and c) any days of a Subscription that is already paid for and remaining on the account is forfeited if your account is terminated or suspended for any reason, in PerBlue's sole and absolute discretion, or if PerBlue discontinues providing PK.

11. Communications

Users who use the Parallel Kingdom Forum or send email to PerBlue staff are required to agree to the following additional terms and conditions that govern all communications on the Forum between the User, other Users, and/or PerBlue and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Forum:

You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chat room postings, ideas, suggestions, concepts, designs, or other material ("Material") You submit to any physical PerBlue company address, to any website owned or controlled by PerBlue, or to any e-mail addresses contained in or on those web sites (each a "PerBlue Location") and that You submit in your capacity as a User, in PerBlue's sole discretion, shall be the property of PerBlue.

When You submit any Material to a PerBlue Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to PerBlue and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to PerBlue, PerBlue has the right to use the Material for as long as it wants, in any way it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You at any time. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.

You agree to treat any communication or information you receive from PerBlue, through PK posted by PerBlue, in PK in a private forum, through e-mail, or in PerBlue’s bug tracking system as confidential ("Confidential Information") and refrain from sharing it with any third parties, including other Users and PerBlue competitors. Such Confidential Information may include without limitation, previews of designs or models for the Game, software, source code, bug reports, any information provided by PerBlue to beta testers, any information in tech support e-mails, private forum messages, private messages in the Game, and marketing information.

If You do not agree to these additional terms and conditions governing communication, you should not partake in correspondence with PerBlue and should not use the Forum.

12. User Interactions

PerBlue is not responsible for Your interactions with other Users, including playing, communicating, networking, any purchase or sale of goods, and/or any other interactions between You and other Users. All such interactions made using PK should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. PerBlue bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, PerBlue is under no obligation to become involved. You release PerBlue and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, PK and PerBlue.

13. Third Party Websites

PK may contain links to third-party websites that are not owned or controlled by PerBlue. All such links are provided solely as a convenience to You. PerBlue has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. PerBlue does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the PK, You expressly relieve PerBlue from any and all liability arising from Your use of any third-party website.

The Websites also include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to the Websites, and that your use of the third party services is subject to the terms and policies of those services. In some cases, the Websites may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

14. Advertising

PerBlue has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials ("Advertisements") on or in connection with PK for its sole benefit. You will not, and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with PK.

15. Termination and Modification

Deletion. You may delete Your PK account at any time, for any reason, use http://www.parallelkingdom.com/DeleteAccount.aspx

Termination. PerBlue may suspend or terminate Your account or Your use of PK at any time, without notice, for any reason or for no reason. If Your PK account is suspended or terminated, PerBlue also reserves the right to suspend or terminate Your use or access to any other PerBlue product. We may also block Your access to PK or any other PerBlue product in the event that: (a) You breach the Terms of Use; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, Our Users, and/ or PerBlue. PerBlue also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.

Effects of Termination. Upon any such termination, Your rights to access and use PK shall automatically terminate. PerBlue has no obligation to delete, remove, or retain Your User Submissions or any Virtual Items, and they may remain active on PK. In addition, even if User Submissions or Virtual Items are deleted from active display on PK, they may be recorded and saved by PerBlue in its archives.

Modification. PerBlue may at any time modify the Game or Websites, any characters in the Game or Websites, or any physical characteristics of the Game or Websites at any time for any reason (or no reason) and without notice to You.

16. Digital Millennium Copyright Act

PerBlue respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PerBlue's designated Copyright Agent to receive notifications of claimed infringement is: Justin Beck legal@parallelkingdom.com or mail to PO Box 1861 Madison, WI 53701. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.

We may give notice to Our Users of any infringement notice by means of a general notice on any of Our Websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

17. Your Representations and Warranties

You represent and warrant that: (a) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (b) if necessary You have the written consent of each and every identifiable natural person in the User Submission to use such person's name and/or likeness in the manner contemplated by PK and the Terms of Use, and each such person has released You from any liability that may arise in relation to such use; (c) You have read, understood, agree with, and will abide by the terms of the Terms of Use; (d) the User Submission and PerBlue's use thereof as contemplated by these Terms of Use, including on and in PK, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; (e) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (f) You are not listed on any U.S. Government list of prohibited or restricted parties.

18. General

The Terms of Use will be governed by the laws of the State of Wisconsin, without reference to its choice of laws. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Dane County, Wisconsin. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. PerBlue may assign its rights and delegate its duties under this Agreement in their entirety at any time, including in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement.

Nothing in this Agreement shall constitute a partnership or joint venture between You and PerBlue. PerBlue does not guarantee continuous, uninterrupted or secure access to PK, and use of PK may be interfered with by numerous factors outside of Our control. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 4 (Disclaimers); 5 (Limitation of Liability); 6 (Indemnification); 7 (Content Ownership); 8 (User Submissions); 12 (User Interactions); 13 (Third Party Websites), 15 (Termination), 17 (Your Representations and Warranties), and; and 18 (General) shall survive any termination or expiration of this Agreement. Additionally any provision that was, by its nature, intended to survive termination of the Terms of Use will so survive. If any provision of the Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

19. Third Party Beneficiary

You and PerBlue acknowledge and agree that any platform, and their subsidiaries are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, such platform will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary of the Terms of Use.
Copyright 2013. Parallel Kingdom® is a PerBlue product.
Terms | Privacy | Cookies