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Terms of Service
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
Welcome to GamBunny.com. GamBunny.com is a collection of Web site and services operated
by GamBunny Global Sdn Bhd. (collectively “GamBunny” or “we”) who provide the services
offered on GamBunny.com to you subject to the following Terms of Service. Please
read them carefully. Your use of GamBunny.com constitutes your acceptance of these
Terms of Service. GamBunny may modify these Terms of Service from time to time in
its sole discretion. If the changes we make to our Terms of Service are significant,
we will notify you on our website that our Terms of Service have been revised
1. Legal Agreement
By using this Website or accessing any of our games, you agree to accept and be
bound by the terms and conditions appearing in this document, and agree to comply
with any Rules of Conduct, the Privacy Policy (http://www.gambunny.com/policy/privacy)
and any end-user license agreement applicable to our games, as they may be amended
from time to time. In this Agreement, the terms "We/us/our" mean GamBunny
Sdn Bhd "You/your" means you as a user of the Website or any of our games.
You hereby represent that you have the legal capacity to enter into this Agreement
and you are not barred from receiving services offered by the Website under the
laws of the Malaysia or other applicable jurisdiction. You understand that the services
being offered may include certain communications from GamBunny, such as service
announcement, administrative messages or other information, and that these communications
constitute the services being offered by the Website and you may not have the right
to opt out of receiving them.
GamBunny may amend this Agreement, any Rules of Conduct, the Privacy Policy and
any end-user license agreement at any time in its sole discretion. Amendments and
modifications will be effective immediately after publishing them on the Website.
You agree to and are responsible for checking this Agreement, the Rules of Conduct,
the Privacy Policy, and any end-user license agreement periodically so you will
be familiar with their contents as they may be amended or modified from time to
time. By continuing to use the Website and its services, you are signifying your
acceptance of any revised or updated terms.
GamBunny is the owner of the Website. Your use of the Website is subject at all
times to this Agreement, any Rules of Conduct, the Privacy Policy and any end-user
license agreement applicable to our games. All user identities created on the Website
are governed by these terms. This includes, but is not limited to, proper in-game
and out-of-game conduct. This Agreement is in addition to, and does not in any way
replace or supplant, any end-user license agreement that may accompanied the GamBunny
software (the "EULA") and to which the GamBunny software is subject. You
also may be subject to additional terms and conditions that may apply when you use
or purchase certain other GamBunny services, affiliate services, third-party content
or third-party software.
All rights and titles in and to the Website and in any of our published games (including
without limitation any user accounts, titles, computer code, themes, objects, characters,
character names, stories, dialogue, catch phrases, locations, concepts, artwork,
animation, sounds, musical, compositions, audio-visual effects, methods of operation,
moral rights, any related documentation, "applets" incorporated into the
game(s), transcripts of the chat rooms, character profile information, recordings
of game play, and the game(s) client and server software) are owned by GamBunny
or have been licensed to GamBunny.
2. Description of Service
GamBunny Global Sdn Bhd provides free-to-play, high quality games to our members. Additional
contents are also available on our Website. To access our games, you may be required
to download and install certain client software. This entails the use of hardware,
software and Internet access. By using the Website, you acknowledge that hardware,
software and Internet access play a crucial role in your user experience. You agree
that GamBunny is not responsible for any hardware, software or Internet access or
unavailability issues and you agree to hold us harmless for any such issues. GamBunny
does not provide Internet access, and you are responsible for all fees relating
to telephone and Internet access charges along with all necessary equipment, servicing,
repair or correction incurred in maintaining connectivity to the servers.
3. Account
When creating a user identity ("User ID") you agree to (i) provide true,
accurate, current and complete information as requested in the required fields and
(ii) promptly maintain and update such User ID to keep it true, accurate, current
and complete. The information you provided shall be subject to our Privacy Policy.
You, as creator of your User ID, are completely responsible for your identity. GamBunny
will not tolerate offensive or obscene user identities. If a User ID violates any
part of these terms, we may immediately, temporarily, or permanently ban such a
User ID.
GamBunny is not responsible for any misuse of your User ID, you agree to hold Gambunny
and its affiliates harmless for any improper use of such identity including, but
not limited to, improper use by someone to whom you revealed your password.
Your User ID may be deactivated if you do not use it within six months after the
date that it was created or for any continuous period of six months after creation.
If you do not use your User ID for six or more months, it may be removed and deleted
by the Website administrator at their sole discretion. We will use reasonable efforts
to notify you by e-mail before we delete your User ID. If you advise us within 7
days of the notice that you want to keep your User ID active, we will not delete
it. If you do not so notify us, your User ID will be permanently deleted, along
with your User ID records, ranks and service information.
4. Privacy
Our Privacy Policy, which covers the usage and protection of your personal information,
is published on the Website, currently at http://www.gambunny.com/policy/privacy,
and is incorporated herein by this reference.
5. License to Use
Subject to the terms of this Agreement and any applicable EULA, GamBunny grants
to you, for your personal use only, a non-exclusive, revocable, nontransferable
license to use the services offered by our Website, including access to our games
(the "Services"), and a non-exclusive, revocable, nontransferable license
to use any client software (the "Software") in connection with the Services,
without charge.
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software
or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile
the Software, or otherwise attempt to derive source code from the Software; (c)
create any derivative works in respect of the Software or the Service; or (d) otherwise
use the Software or the Service except as expressly provided in this Agreement.
Title to the Software, and all rights with respect to the Software and Service not
specifically granted under this Agreement, including without limitation all rights
of reproduction, modification, distribution, display, disassembly and de-compilation
and all copyright, patent, trademark, trade secret and other proprietary rights
and interests are reserved to GamBunny or its licensor(s).
NEITHER GAMBUNNY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION
WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF
USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE)
RESIDES WITH YOU.
As more particularly described in each applicable EULA, GamBunny and/or its licensors
retain exclusive right, title and interest (including all intellectual property
rights) in and to the Software, copies thereof, and all error corrections, bug-fixes,
patches, updates, derivative works, improvements, modifications thereto (whether
made by GamBunny, its licensors, you, or otherwise), including, but not limited
to, any titles, computer code, themes, objects, characters, character names, stories,
dialog, catch phrases, locations, concepts, artwork, character inventories, structural
or landscape designs, animations, sounds, musical compositions, audio-visual effects,
storylines, character likenesses, methods of operation, moral rights, any related
documentation, and "applets" incorporated into the Software. The rights
described in the foregoing sentence are the copyrighted work of GamBunny and/or
its licensors and are protected by the copyright laws of the United States, United
Kingdom, German, Russia, Hungary, Finland, Sweden, Nederland, China, South Korea,
Japan, Taiwan, Malaysia and Singapore international copyright treaties and conventions,
and/or other applicable laws. All rights are reserved. The Software may contain
certain licensed materials, and the licensors of those materials may enforce their
rights in the event of any violation of the EULA.
6. User Submissions
"Submissions" means all data, text, music, sound, photographs, comments,
feedback, suggestions, postings at forums, chat rooms and similar venues on the
Website, e-mails and similar information or materials that you submit to GamBunny
regarding the games and services of GamBunny or the use or play of those games and
services. User IDs and Submissions are not confidential and will become the property
of GamBunny upon submission. You agree to assign and grant to GamBunny an irrevocable,
transferable, royalty-free, and perpetual right and license to all worldwide, transferable
license and the right to quote, re-post, use, reproduce, modify, distribute, transmit,
broadcast, and otherwise communicate, and publicly display the User IDs and Submissions
in any form, anywhere, with or without attribution to your User ID, and without
notice or compensation to you.
You acknowledge that you are solely responsible for the Submissions that you provide
and for managing your User ID. You, and not GamBunny, have full responsibility for
your Submissions and User ID, including their legality, reliability, appropriateness,
originality and copyright. You understand that by using the Website you may be exposed
to Submissions that is offensive, indecent or objectionable. GamBunny shall not
be liable in any way for any Submission, including, but not limited to, any errors
or omissions in any Submission, or any loss or damage of any kind incurred as a
result of the use of any Submission posted, e-mailed, transmitted or otherwise made
available via the Website.
All materials published in forums, chat rooms and similar venues on the Website
are considered public. Therefore, GamBunny strongly recommends that you not publish
any personal information about yourself or others on or through the Website. As
a matter of policy, GamBunny does not pre-screen or monitor any Submissions. However,
GamBunny reserves the right to screen, refuse or move any Submission that is available
via the Website. GamBunny has the right in its discretion to remove any Submission
deemed objectionable or violates the terms hereof.
Except as expressly stated and agreed upon in advance by GamBunny, no confidential
relationship will be established in the event any user of this Website should make
any oral, written or electronic communication to GamBunny (such as feedback, questions,
comments, suggestions, ideas, etc.). If any GamBunny Website requires or requests
that such information be provided, and that such information contains personal identifying
information (e.g., name, address, phone number), GamBunny shall obtain, use and
maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication
and any information submitted therewith will be considered non-confidential, and
GamBunny will be free to reproduce, publish or otherwise use such information for
any purposes including, without limitation, the research, development, use or sale
of games or services incorporating such information. You are fully responsible for
the content of your communications, including its truthfulness and accuracy and
its non-infringement of any other person's proprietary or privacy rights.
7. Code of Conduct
While using the Service and Software, you agree to comply with all applicable laws,
rules and regulations. We reserve the right, in our sole discretion, to take any
actions we deem necessary and appropriate to preserve the integrity of the Service
and Software. We further reserve the right to determine what conduct is outside
the "spirit" of the Service and games provided therein. While using the
Service, you agree not to:
- Restrict or inhibit any other individual from using the Service, a InGame Item (as
defined below) or the Software, including, without limitation, by means of "hacking"
or defacing any portion of the Service or Software;
- Institute an attack upon any server used in connection with the Service or otherwise
attempt to disrupt such servers; • Use the Service, InGame Items or Software for
any unlawful purpose or in any manner not intended by the Company as contemplated
herein and/or on the Site;
- Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive
or otherwise objectionable behavior, including, without limitation, looting, kill
stealing, making sexual comments and/or cursing;
- Express or imply that any statements you make or actions you take are endorsed
by us;
- Impersonate another person (including celebrities), indicate that you are
a GamBunny employee, representative (including a GM) or attempt to mislead users
by indicating that you represent Gambunny or GamBunny's partners or affiliates;
- Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful,
fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit,
or racially, ethnically or otherwise objectionable, or that could be deemed to be
stalking or constitute an invasion of a right of privacy of another person; (ii)
any content that infringes our or any third party's intellectual property or
other rights, or that you otherwise do not have permission to transmit; (iii) any
software or other materials that contain any viruses, worms, trojan horses, defects,
date bombs, time bombs or other items of a destructive nature; (iv) any material,
non-public information about companies without the authorization to do so; (v) any
trade secret of any third party; or (vi) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding; • Remove, alter or conceal any copyright, trademark,
patent or other proprietary rights notices contained in the Service, Cash Items
or Software;
- "Frame" or "mirror" any part of the Service without our prior
written authorization; • Link to any page of or content on the Site other than the
URL located at http://www.gambunny.com
- Provide a link to any web sites that promote any product or any service;
- Use any robot, spider, site search/retrieval application or other manual or automatic
device or process to retrieve, index, "data mine" or in any way reproduce
or circumvent the navigational structure or presentation of the Service or its contents,
including, but not limited to, Cash Items;
- Harvest or collect information about the Service, visitors to the Site or users
of the Service without their express consent;
- Download, copy, reproduce, republish, upload, post, transmit, modify, distribute
or publicly display any of the content or information contained in the Service except
as expressly authorized by this Agreement;
- Host, provide matchmaking services for, or emulate or redirect the communications
protocols used by us (or our designees) as part of the Service, including, without
limitation, by protocol emulation, tunneling, reverse engineering, modifying the
Software or using a utility program to host the Software;
- Sell, advertise, or post information on hacks for the Software, Cash Items
or Service and/or advertising, posting information on or selling hacks for any other
software or web sites;
- Exploit the Software, Cash Items or the Service for any commercial purpose,
including the provision of "power leveling" services;
- Exploit errors in design, features which are not documented and/or bugs to gain
access that would otherwise not be available or to obtain any competitive advantage;
- Modify the Software, Cash Items or the Service to change "game play,"
including, without limitation, creating cheats and/or hacks or using third-party
software to access files in the Software or Service; • Reverse engineer, decompile
or disassemble all or any portion of the Service, InGame Items or Software;
- Use tools which hack or alter the Software, InGame Items or the Service or
that allow you to connect to the Software's private binary interface or utilize
user or other interfaces other than those provided by us to you;
- Engage in using macros (i.e., "macroing"), a uto-looting or robot play
(i.e., "booting") or any other behavior that allows you (or any character
you are controlling) to automatically function or effect any action in a game with
or without your presence;
- Use "packet sniffing," scripting and/or macroing software for any purpose
whatsoever, or otherwise monitor the Service, the InGame Items or the Software;
- Attempt to obtain a password or other private account information from any other
person or user of the Service;
- (j) "Stalk" or otherwise harass another;
- (k) Collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in the paragraphs above;
- (l) Impede the flow of chat in game, in forums, or in chat rooms with vulgar language,
abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other
disruptive or detrimental methods in an attempt to disturb other users or GamBunny
employees;
- (m) Engage in, encourage, or promote any illegal activity, or any activity that
violates the Terms of Service, the Rules of Conduct, or the Privacy Policy; and/or
- (n) Take any action that may prohibit other users from enjoying the services of
the Website or games.
GamBunny may take any actions and impose any penalties we deem necessary to discourage
and punish any violation of these terms or any other illegal or inappropriate conduct,
all without prior notice or warning. The determination as to whether a violation
has occurred and who is responsible for such act is solely within GamBunny's
discretion, and is based on what we deem best for the community and the Website.
By using the Website, you agree you will be bound by GamBunny's determination
as to whether a violation has occurred and any penalty we choose to implement.
8. Item Mall / InGame Items.
While playing our games, you will have the opportunity to visit our online store
("Item Mall") and use “online cash" ("Bunny Point") to
license a variety of virtual items ("InGame Items") that can be used while
playing various games. In order to obtain Bunny Point , you may be required to provide
us or another payment service designated by us (e.g., Maybank2U) with your e-banking
information and other information related to your e-banking transaction (e.g., your
billing, e-mail address or mobile phone number on record with the applicable bank,
etc.). For each "real world" RM. Ringgit Malaysia that you authorize us
to charge to your credit card, you will be awarded one thousand (1000) units of
Bunny Point; provided, however, that we reserve the right in our sole discretion
at any time to change the number of units you will be entitled to for each "real
world" RM Ringgit Malaysia.
FOR PAYPAL AND CREDIT CARD TRANSACTION YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE
US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN
AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT
LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS
AGREEMENT, TERMINATION OF THE ITEM MALL AND/OR THE DISCONTINUATION OF THE SERVICE.
You may also be awarded points ("Game Points") for use in the Item Mall
or through certain of our promoted events. These Game Points have no "real
world" value, but may be exchanged by you for designated InGame Items in the
Item Mall. Certain InGame Items have an expiration date, while others have no expiration
date ("Lifetime Items"). Each InGame Item that you obtain using Bunny
Point or Game Points will be included in your Account until the earlier of that
InGame Item's expiration date (if it is not a Lifetime Item), your Account's
expiration or termination date, or such date when the Service ends.
REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR INGAME ITEMS, YOU
DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE INGAME ITEMS. We have no liability for "hacking"
or loss of your InGame Items from your Account, provided we will use reasonable
efforts to replace such items under certain circumstances in our reasonable discretion.
We have no obligation or responsibility to and will not reimburse you for any InGame
Item or any experience lost due to your violations of this and any other Company
rules, policies, notices and/or agreements.
You understand that any e-banking and credit card transaction-related information
will be treated by the Company in the manner described herein and in our Privacy
Policy, and, as applicable, in the manner described in the privacy policy of any
third-party payment service that we choose to use. You agree that all information
that you provide to the Company or a designated third-party payment service will
be accurate, current and complete. You hereby agree to pay all charges incurred
by you (or your child, if applicable) resulting from your use of the Service at
the price(s) in effect when such charges are incurred.
You will also be responsible for paying any applicable taxes relating to such transactions.
You understand that we may suspend or terminate your Account if for any reason a
charge you authorize us to make to your credit card cannot be processed or is returned
to us unpaid and, if such event occurs, you shall immediately remit to us payment
for such charge through the use of another credit card or other payment mechanism.
We shall not be responsible or liable for any credit card or bank-related charges
or fees related to any of your transactions.
We reserve the right, without prior notification, to limit the order quantity on
any InGame Item and/or to refuse to provide you with any InGame Item. Verification
of certain information applicable to a transaction involving a InGame Item may be
required prior to our acceptance thereof. Price and availability of the InGame Items
are subject to change without notice.
You agree that you cannot and have no right to sell or otherwise transfer any of
the Game ID, game character, InGame Items, or any other content or information included
in the Service, in whole or in part, to any third person or entity whatsoever, including,
without limitation, on Internet auction sites (e.g., eBay, Lelong) or in return
for anything of value (including "real" money) or otherwise.
9. Third Party Sites
Other websites linked from GamBunny.com are not under GamBunny's control and
GamBunny does not assume any responsibility or liability for any communications
or materials available at such linked sites. The links are provided for convenience
only and GamBunny does not endorse the content, information or other materials made
available via the linked websites. You are solely responsible and liable for any
interactions you may have with any linked websites, their sponsors and other third
parties, including but not limited to, the delivery or and payment for goods and
services, and any other terms, conditions, warranties or representations associated
with such interactions. GamBunny shall not be responsible or liable for any part
of any such interactions.
10. ELECTRONIC COMMUNICATIONS
When you visit GamBunny.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
11. Official Service and Beta Testing
The games are designed for play only as offered through our services at the website.
You agree not to access, create or provide any other means through which the game
may be played by others, such as through server emulators. You agree not to use
any hardware or software, including but not limited to third party tools, or any
other method of support which may in any way influence or give you an advantage
in the use of the Services which is not authorized by GamBunny, including but not
limited to the use of ‘bots’ and/or any other method by which the Service may be
played automatically without human input. You acknowledge that you do not have the
right to create, publish, distribute, create derivative works from or use any software
programs, utilities, applications, emulators or tools derived from or created for
the games, except that you may use the Software to the extent expressly permitted
by this Agreement and the applicable EULA. You may not take any action which imposes
an unreasonable or disproportionately large load on our infrastructure. You may
not sell or auction any game accounts, characters, items, coin or copyrighted material,
nor may you assist others in doing so.
You may be given the opportunity to Beta test new games and Website features.
Your participation as a Beta tester is subject to the terms and conditions below.
Closed Beta tests are confidential. The Beta games, including information about
features and functionality to be offered as part of the games, are confidential.
If you participate in a closed Beta test, you must safeguard and prevent unauthorized
access to, copying, disclosure, and unauthorized use of the Beta games. You will
carry out the testing personally and not provide access to Beta games to any other
person. You agree that breach of the above confidentiality obligations will cause
irreparable harm to GamBunny, and GamBunny is entitled to (in addition to any other
remedies available to it) ex parte injunctive relief without bond to prevent the
breach or threatened breach of your obligations. Your obligation to keep the Beta
games confidential will continue until GamBunny publicly distributes, or has otherwise
disclosed to the public through no fault of yours, each of the games and the content
that you are testing.
As a Beta tester, you are invited to play Beta games for the sole purpose of evaluating
the games and identifying errors. Nothing in this Agreement, or on this Website,
shall be construed as granting you any rights or privileges of any kind with respect
to the Beta games or content that you find here. The Beta games are provided for
testing on an "as is", "as available" basis and we make no warranty
to you of any kind, express or implied.
When playing some Beta games, you may accumulate treasure, experience points, equipment,
or other value or status indicators within the Beta test. This data may be reset
at any time during the testing process, and it may be reset when the particular
game completes this testing phase. In this case, all player history and data will
be erased and each player will return to novice status.
By playing a Beta game, you agree that: (i) playing Beta games is at your own risk
and that you know that the games may include known or unknown bugs, (i) any value
or status indicators that you achieve through game play may be erased at any time,
(iii) GamBunny has no obligation to make these games available for play without
charge for any period of time, nor to make them available at all, (iv) these games
may be available only by subscription once the testing process is complete or at
any time in the future; (v) these terms apply to your use of the games during the
testing phase, and (vi) if it is a closed Beta test, you will keep all information
(including but not limited to functions, features, graphics, and screenshots) about
the Beta games confidential as stated above and not disclose such information to
any other person. Beta test accounts are non-transferable under any circumstances.
11. Interruption of Service
(a) GamBunny reserves the right to interrupt the Services from time to time on a
regularly scheduled basis or otherwise with or without prior notice in order to
perform maintenance. You agree that GamBunny will not be liable for any interruption
of the Services, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Services may be interrupted for reasons beyond the
control of GamBunny, and GamBunny cannot guarantee that you will be able to access
the Services or your Account whenever you may wish to do so. GamBunny shall not
be liable for any interruption of the Services, delay or failure to perform resulting
from any causes whatsoever.
(c) GamBunny has the right at any time with or without reason to change and/or eliminate
any aspect(s) of the Services as it sees fit in its sole discretion.
(d)GamBunny is not be obligated to refund all or any portion of any Account fee
(if any), by reason of any interruption of the Services by reason of any of the
circumstances described in paragraph (a) or (b).
12. Disciplinary Action/Account Termination
GAMBUNNY MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH
OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
GamBunny can and does issue warnings and temporary suspensions and permanent terminations
of user identities for user violations. We retain the sole discretion as to when
and how to impose warnings, penalties and/or disciplinary actions. We consider the
severity of the violation and the number of infractions in making our determination;
however, any determination shall be under the absolute discretion of GamBunny.
For the avoidance of doubt, you herby acknowledge that GamBunny has sole discretion
with respect to penalties and disciplinary actions to terminate your Account, even
if there are credits remaining on your Account. If you feel you or your User ID
has been unfairly warned or disciplined please contact us with a full detailed explanation.
We will reasonably consider your explanation.
You have the right to terminate or cancel your Account at any time by delivering
notice to GamBunny. You understand and agree that the cancellation of your User
Id is your sole right and remedy with respect to any dispute, including, but not
limited to, any related to, or arising out of: (i) any term of this Agreement or
GamBunny’s enforcement or application of this Agreement; (ii) the Submissions; (iii)
your ability to access and/or use the Website; or (iv) the amount or type of fees,
surcharges, applicable taxes, billing methods, or any change to the fees, applicable
taxes, surcharges or billing methods. You may cancel your User ID by delivering
notice to GamBunny. You are responsible for any fees, charges and costs incurred
to third-party vendors or content providers before your cancellation. In the event
your User ID is terminated or canceled for any reason no refund will be granted,
no online time or other credits (e.g., points in an online game) will be credited
to you or converted to cash or other form of reimbursement, and you will have no
further access to your User ID. Any delinquent or unpaid accounts or accounts with
unresolved disputes must be settled before GamBunny may allow you to register again.
13. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE
OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS,
LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE
(INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT
CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR INGAME ITEMS
OR BUNNY POINT), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR
USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY
PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE
COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL
BE THE LESSER OF FIFTY RM RINGGIT MALAYSIA OR THE TOTAL CUMULATIVE AMOUNT PAID BY
YOU TO OBTAIN CASH ITEMS.
14. INDEMNIFICATION.
As a condition of your access to and use of the Service and/or Site, you agree to
indemnify, defend and hold the Company, our parents, affiliates, subsidiaries, independent
contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors,
and our and their directors, officers, employees, consultants, agents, attorneys
and other representatives, harmless from and against any and all claims, damages,
losses, liabilities, costs (including reasonable attorneys' fees) and other
expenses that arise directly or indirectly out of or from (i) your access to and
use of the Service and/or Site and the content therein, including, without limitation,
any allegations that any content you submit or transmit while using the Service
infringes or otherwise violates the copyright, trademark, trade secret or other
intellectual property rights, privacy or publicity rights or other rights of any
third person or party; (ii) your violation of this Agreement, the Privacy Policy,
any applicable law or the rights of any other person; (iii) any dispute you have
or claim to have with one or more users of the Service and/or Site; (iv) the Company's
resolution (if any) of any dispute you have or claim to have with one or more users
of the Service and/or Site; (v) your improper authorization for the Company to collect,
use or disclose any data or content provided by you; and (vi) any disclosures made
with your permission (including, without limitation, your consent that the Company
disclose your personal information and other information collected as set forth
in our Privacy Policy).
15. Acknowledgements
You hereby acknowledge and agree that:
(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM
ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING
CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN
SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON”
OR “MOD,” THAT IN GAMBUNNY’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING
OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT,
AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY GAMBUNNY; OR (iii) INTERCEPTS,
“MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE
EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE
INFORMATION BACK TO GAMBUNNY, 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 AND GAMBUNNY MAY EXERCISE ANY OR ALL OF
ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO
THE USER.
(b) WHEN THE SOFTWARE IS RUNNING, GAMBUNNY 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.
(c) GamBunny 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. GamBunny may use or disclose your personal information if they believe
that doing so may protect your safety or the safety of others.
(d) GAMBUNNY MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED
OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
(e) You may not hold GamBunny responsible for any loss resulting from in- game trading
activitities. You may not hold GamBunny responsible for any information that is
passed between players. GamBunny does not guarantee the safe keeping of information
that is passed between players and will not be held responsible for any resulting
losses or consequences arising from the improper use of said information. You may
not hold GamBunny responsible for any in-game feature or item loss. GamBunny does
not guarantee the availability of any in-game items, any Services or any levels
to players.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE BASIS. GAMBUNNY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) GAMBUNNY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS;
(ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE
IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMBUNNY
OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF USE.
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS
WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
18. General
No delay or failure to take action under these Terms of Service shall constitute
any waiver by GamBunny of any provision of these Terms of Service. If any provision
of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable,
that provision shall be deemed severable and shall not affect the validity and enforceability
of any remaining provision. These Terms of Service are personal to you and may not
be transferred, assigned or delegated to any third party.
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