PT. GRAVITY GAME LINK ("Gravity Game Link", "we", "us", "our") would like to thank you for installing the program for LOST SAGA ORIGIN (also known as Lost Saga or LSO).
This Terms of Service Agreement generally applies to the site (https://lostsaga.gnjoy.id) itself as well as to the use of the online game LOST SAGA ORIGIN (the "Game") operated by Gravity Game Link, collectively referred to as the Gravity Game Link Service (the "Service").
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS "EULA" OR "LICENSE AGREEMENT") CAREFULLY.
BY INSTALLING THE GAME CLIENT SOFTWARE (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, DO NOT COMPLETE INSTALLATION OF THE SOFTWARE.
BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
LIMITED USE SOFTWARE LICENSE AGREEMENT
You aknowledge and agree that you are obtaining a copy of the Software via download only and that you shall not copy or retain the Software except as expressly permitted herein. All users which are installing the SOFTWARE shall periodically review these Terms since Gravity Game Link’s site is a live and evolving community. Gravity Game Link reserves the right, at its sole and absolute discretion, to revise, amend, change, add to, delete, or update these terms and the Service, effective with or without prior notice by publishing the revised or updated Agreements on our website by Gravity Game Link or in the SOFTWARE.
The revised or updated Agreements are effective upon publication and your continued use of the SOFTWARE and the Service following notice and publication of the revised or updated Agreements will constitute your acceptance of the updated terms. If you do not agree with these revised or updated Terms, you are obligated to terminate your User ID immediately and cancel any services for which you have signed up.
1. Grant of Limited License.
Subject to the terms and conditions of this License Agreement and your agreement therewith, Gravity Game Link hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Game (i) the Software and related explanatory materials ("Documentation"); and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, "Updates") licensed to you by Gravity Game Link. The Software and the Game are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Gravity Game Link, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game.
Subject to the terms and provisions of this Agreements and so long as you fully comply at all times with this Agreements, Gravity Game Link grants to you the non-exclusive, non-transferable, revocable and limited right to use the Software only in executable or object code form.
The term "Software" includes all elements of the Software, including, without limitation, data files and screen displays. You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyrights, trademarks or other rights related thereto. For purposes of the first sentence of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device, and means the uses permitted in sections 2 and 4 herein below. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes. Gravity Game Link reserves all rights not granted in this Agreement, including, without limitation, all rights to Gravity Game Link’s trademarks.
2. Limitations on Your Use of LOST SAGA ORIGIN
Your license to use LOST SAGA ORIGIN is limited by a number of factors which are listed here, and which are contained in the Agreements which you were required to accept when you installed or create the account for LOST SAGA ORIGIN and the Site of LOST SAGA ORIGIN. Limitations on your right to use LOST SAGA ORIGIN may include, but not necessarily be limited to, the following:
- Gravity Game Link expressly reserves the exclusive right to create derivative works based on LOST SAGA ORIGIN. This means that you may not create derivative works based on LOST SAGA ORIGIN, without the prior express, written permission of Gravity Game Link.
- Only Gravity Game Link or its licensees have the right to host LOST SAGA ORIGIN. Accordingly, you may not host, provide matchmaking services for, or emulate or redirect the communication protocols used by Gravity Game Link as part of LOST SAGA ORIGIN, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, tunneling, reverse engineering, modifying LOST SAGA ORIGIN, adding components to LOST SAGA ORIGIN, or using a utility program to host LOST SAGA ORIGIN.
- You may not modify LOST SAGA ORIGIN to change game play, including, but not limited to, the creation of cheats and/or hacks, nor may you use any third-party software which is running at the same time as LOST SAGA ORIGIN that accesses files which are part of LOST SAGA ORIGIN, for any reason whatsoever. Additionally, you may not utilize any "packet sniffing" software, regardless of the operating system utilized by such software and regardless of whether or not such tools are running on the same computer as the client or any computer connected to that client or its network, or otherwise monitor LOST SAGA ORIGIN's network connection while you or anyone else is playing LOST SAGA ORIGIN.
- You may not institute an attack upon a LOST SAGA ORIGIN server or otherwise deliberately attempt to disrupt LOST SAGA ORIGIN servers. You may not institute any such attack which results in the disruption of any other player's client.
ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DELIBERATELY DAMAGE LOST SAGA ORIGIN OR UNDERMINE THE LEGITIMATE OPERATION OF LOST SAGA ORIGIN IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, Gravity Game Link RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
- You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation.
- You may not modify any files which Gravity Game Link does not specifically authorize you to modify.
- You may not remove, alter or conceal any proprietary notices or labels on Gravity Game Link without the prior consent, in writing, of Gravity Game Link.
3. Legal Agreement
4. Prohibitions with Regard to the Software.
You, whether directly or indirectly, shall not do any of the following acts:
- rent the Software;
- sell the Software;
- lease or lend the Software;
- offer the Software on a "pay-per-play" basis;
- distribute the Software by any means, except as permitted by section 4 herein below;
- in any other manner and through any medium whatsoever commercially exploit the Software, or use the Software for any commercial purpose, including, without limitation, giving away copies of the Software for free to promote or market any other material;
- disassemble, reverse engineer, decompile, modify or alter the Software;
- translate the Software;
- reproduce or copy the Software, except as permitted by section 4 herein below;
- publicly display the Software;
- prepare or develop derivative works based upon the Software; or
- modify, remove or alter this Agreement or any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software.
5. Permitted Distribution and Copying.
So long as this Agreement accompanies each copy you make of the Software and so long as you fully comply at all times with this Agreement, Gravity Game Link grants to you the non-exclusive and limited right to:
- copy the Software from the download onto your computer hard drive;
- copy the Software from your computer hard drive into your computer RAM;
- copy on one (1) hard disk one
- (1) "back up" or archival copy of the Software; and
- copy the Software and distribute such copies as standalone copies on physical media or in electronic format of the Software free of charge for non-commercial purposes and not in connection with any other material. You shall not distribute copies of the Software as mounted on or attached to the covers or any other part of magazines or other printed material. You shall not copy or distribute the Software in any manner that infringes against, misappropriates or otherwise violates any third-party right or that is libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You shall not receive any postage, shipping, handling or other charge, payment, fee, or other consideration, including items in trade, in exchange for or in connection with copies of Software you may distribute, even if only for reimbursement. You shall not receive any value or consideration in exchange for or in connection with copies of the Software you may distribute. You shall not distribute the Software bundled, co-packaged or together with any material. You shall not distribute the Software in connection with the promotion or marketing of any material. Except as such are included by Gravity Game Link within copies of the Software that you are permitted to make under this Agreement, you shall not reproduce, depict, display or copy the title of the Software, the Gravity Game Link’s name or any screen display or other element or part of the Software. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances and statutes. Gravity Game Link reserves all rights not granted in this Agreement. You shall not commercially distribute the Software and you shall not commercially use of the any derivative works based on LOST SAGA ORIGIN. Gravity Game Link expressly reserves the exclusive right to create derivative works based on LOST SAGA ORIGIN.
6. Intellectual Property Rights.
All rights and title in and to the Software and the Game, and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, Cash/Points, audio-visual works, character likenesses, and methods of operation) are owned by Gravity Game Link or its licensors. The Software and the Game and all content therein are protected by the Indonesian and other international intellectual property laws. Gravity Game Link and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by Gravity Game Link.
You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Gravity Game Link. Please see the Terms of Service for a complete espousal of all of Gravity Game Link ownership rights.
7. NO Gravity Game Link WARRANTIES.
Gravity Game Link DISCLAIMS , AND ITS LICENSOR, PARNETS,AFFILIATES DISCLAIM, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE SOFTWARE IMAGES AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. Gravity Game Link DOES NOT (AND ITS LICENSOR, PARENTS, AFFILIATES DO NOT) WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY Gravity Game Link (OR ANY Gravity Game Link’S PARENTS, AFFILIATES, SUBSIDIARIES) AND SHOULD NOT BE RELIED UPON. THIS SECTION SHALL SURVIVE THE CANCELLATION OR TERMINATION OF THIS AGREEMENT.
IN NO EVENT SHALL Gravity Game Link, ITS LICENSOR, PARENTS, AFFILIATES, SUBSIDIARIES, INCLUING BUT NOT LIMITED TO MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF Gravity Game Link OR ITS OR ITS LICENSOR OR AFFILIATES FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, USER DOCUMENTATION, OR THIS AGREEMENT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR THE SOFTWARE DIRECTLY RESPONSIBLE FOR SUCH DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS SECTION 7 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF Gravity Game Link HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
Gravity Game Link SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE OR THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED TO YOU. Gravity Game Link SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE OR SOFTWARE MEDIA. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE AND THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED AND FOR BACKING UP ANY DATA.
8. General Provisions.
Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Gravity Game Link may assign its rights under this Agreement in Gravity Game Link’s sole discretion. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the maximum extent permitted by applicable law. Failure of Gravity Game Link to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND Gravity Game Link MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. Immediately upon termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall have no right to use the Software or the Service, in any manner, and you immediately shall destroy all copies of the Software and the Service in your possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in Gravity Game Link.
Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this License Agreement ("Claim"), you and Gravity Game Link agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section 'Exceptions to Negotiations' below) before initiating any court proceeding or other administrative action. Negotiations will begin upon written notice from one party to the other. Gravity Game Link will send its notice to the email address associated with your Account. You will send your notice to Gravity Game Link email@example.com.
Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.
Exceptions to Negotiations. You and Gravity Game Link agree that the provisions above regarding negotiations will not apply to the following Claims:
- any Claims relating to the enforcement, protection of, or concerning the validity of any of your or Gravity Game Link's intellectual property rights;
- any Claims related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
- any claim for injunctive relief. You further agree not to bring Claims on a representative or class member basis, or as a private attorney general.
10. Governing Law.
This License Agreement shall be governed by, and will be construed under, the laws of the Republic of Indonesia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You hereby acknowledge that:
- You assume the cost of all Internet access, telephone charges and necessary equipment, servicing, repair or correction for connecting to the Service;
- As part of your registration process and in consideration for the privilege of accessing the Service, Gravity Game Link has the right to send your computer one or more "cookies" without any further notice to you, and Gravity Game Link has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you;
- Gravity Game Link has the right to obtain "non-personal" data from your connection to the Service in order to make certain demographic assumptions regarding the users of the Service without any further notice to you;
- Gravity Game Link has the right to download software program files to your computer system, including but not limited to an ActiveX file for computers operating in the Windows environment, that will record CPU, RAM, operating system, video card, and sound card information from your computer;
- The Service is provided "as is" and Gravity Game Link does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components, and Gravity Game Link expressly disclaims all express or implied, with respect to the Service, including without limitation any warranties of its condition, defects, use, merchantability or fitness for any particular purpose or use, and non-infringement.
- NEITHER Gravity Game Link NOR ITS PARENT, SUBSIDIARIES, LICENSEES(EXCLUDING YOU) OR AFFILIATES (collectively, "AFFILIATES") SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE Service INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SPFURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE SERVICE. Gravity Game Link SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL Gravity Game Link BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you;
- You may not be able to access the Service, whenever you want, and there may be extended periods of time where you cannot access the Service;
- Gravity Game Link shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of Gravity Game Link;
- The service requires the creation and retention of electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, equipment, inventories, etc. ("Game Data"), which are stored by Gravity Game Link. While keeping Game Data safe is a priority of Gravity Game Link, note that Gravity Game Link shall not have any liability for the loss of any Game Data for any reason whatsoever, including but not limited to server failure, telephonic or network interruptions of any kind, defects, viruses or other harmful components, or negligent acts of Gravity Game Link and/or its affiliates. And during the Countdown Test periods which Gravity Game Link announces, all the Game Data shall be reset for the period that Gravity Game Link has decided;
- Gravity Game Link reserves the right, in its sole discretion, to modify or delete any information, including but not limited to Game Data and any other information accumulated, stored or uploaded on the Service; You are entirely liable for all activities conducted through your the Service account, and are responsible for ensuring that any other person who uses your the Service account is aware of the terms of this Agreement and complies with this Agreement. In the event that you become aware of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password, you will notify Gravity Game Link to report the suspected breach of security related to your LOST SAGA ORIGIN account immediately ;
- Gravity Game Link will have no liability for any circumstances arising from the unauthorized use of a User Name, user's password or user's GAME account. Any fraudulent, abusive, or otherwise illegal activity involving your GAME account may be reported to appropriate law-enforcement agencies by Gravity Game Link. The terms of this Agreement shall extend to anyone that you allow to use your LOST SAGA ORIGIN account, User Name, or player character(s), and you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including but not limited to termination of your account, and loss of your User Name and characters.
13. Refund Policy
- Purchased Items are not refundable at any time or for any reason, even if the purchased items have never been in use or withdrawn from a User’s virtual locker.
- You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to any LOST SAGA ORIGIN account. You may not sell, buy or trade characters or items. Any advertising regarding trading of characters or items on message boards may be deleted without notification. Gravity Game Link is not responsible for any problems caused by illegal trading, selling or buying of characters or items.
- Any violation of the terms of the Agreements, License or any other agreement affecting the use of the Service may result in termination or suspension of a user account at the sole discretion of Gravity Game Link. In the event of termination, no refund will be made to the user.
- Unauthorized Child Credit Card Abuse Policy. Gravity Game Link will not refund or reverse purchases made by children using a parent or guardian’s credit card without the parent or guardian’s consent. If there is an unauthorized Child Credit Card Abuse Policy violation, the account will be permanently suspended.
- During the Countdown Test period which Gravity Game Link has defined and announced to the end users for the Service, Gravity Game Link has no liability to refund anything to the users. And you acknowledge that Gravity Game Link has no liability and shall not refund for the reimbursement of the game items and the points provided to the user or accumulated by the user by using the service during the Countdown Test period.
- “Gravity Game Link” means PT. Gravity Game Link corporation. in the Agreements.
- “Site” means https://lostsaga.gnjoy.id which is the official website of LOST SAGA ORIGIN.
- “Gold” is referred as Pts. in LOST SAGA ORIGIN, which are purchased and used by End Users for the Game.