READ BEFORE USING THE SERVICE
Last updated on November 4, 2013
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate websites and will go a long way toward ensuring that your children have enriching experiences online.
We encourage you to spend time online with your children and to become familiar with the types of content available through the Service and the Internet in general. You should regularly oversee the kids’ use of e-mail and other online communication and transactional features.
Modify, suspend or terminate operation of, or access to, any portion, applicable policies or terms, including hours or availability, features or functions of the Service;
Change any fees or charges, if any, related to your use of the Service;
Change the equipment, hardware or software required to use and access the Service; and
Interrupt the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Ganz may find it necessary to update, or reset certain parameters to balance game play and usage of the Service. These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups or items under your control. Ganz reserves the right to make these updates and is not liable to you for these changes.
We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your use of the Service. Although we use reasonable efforts to safeguard personally identifiable information we collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers are vulnerable to attack and cannot be guaranteed to be secure.
C. OTHER SITES
Through the Service, Ganz may provide links to other websites owned and/or operated by Ganz (collectively and individually, “Affiliated Site” and, in plural, “Affiliated Sites”) and other independent third-party websites. Ganz is providing these links to you only as a convenience. GANZ DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITE AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE SERVICE OR THE AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS.
The unaffiliated third-party websites are not part of the Service, and each may be subject to separate terms and conditions, including different policies with respect to the collection, use and disclosure of your personal information. These third-party sites may collect data or solicit personal information from you. We do not have control over such third-party websites. You will need to make your own independent judgment regarding your interaction with them. Furthermore, the trademarks used in connection with such third party websites may not be trademarks of Ganz. Please be sure to review the applicable agreements and policies carefully when visiting any third party websites.
You understand that the Service may feature advertisements from Ganz or third parties. Third party advertising service providers may use cookie-based ad serving technology for the purposes of (i) ad delivery and reporting; and (ii) re-targeting and/or online advanced targeting provided, however, that your visit to our Service shall be excluded from your online profile used for such advertising purposes. Furthermore, to monitor usage or transfer of content to another site or location and to collect advertising metrics, such third parties may include in the content web beacons or clear GIFs. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small and the same colour as the background of the web page, document or e-mail message. Because your web browser must request such content from the third parties’ servers, such third parties can track your usage, or set their own cookies, just as if you had requested a web page from their site.
Although the third party advertising service providers may not have access to tracking technologies set by Ganz, or any of your personal information collected on the Service, they may themselves set and access their own tracking technologies and/or they may otherwise have access to information about you. The use of such technology by these third parties is within their control and not ours. Even if Ganz has a relationship with the third parties, it does not control their sites or policies and practices regarding your information.
We encourage you to investigate and ask questions directly of them in this regard. If you would like more information about the practices used by third party advertising service providers and advertisers and to know your choices about not having the information gathered used by these companies, visit http://networkadvertising.org. Please note that Flash cookies operate differently than browser cookies and cookie management tools available in a web browser will not remove Flash cookies. To learn more about and manage Flash cookies, visit www.adobe.com and make changes at the privacy setting panel. You are always free to decline our cookies if your browser permits, but some parts of the Service may not work properly if you do.
We have given users on webkinz.com (except Alumni and free users) an option of not viewing third party ads. To opt out, parents should visit the “Account Controls” section of the Parent’s Area and turn off the ads. This blocks all third party ads. Please note that this option is not available to free or Alumni Webkinz users, but they may still opt out of third party tracking technologies by following the steps outlined above. Please note that if, after having opted out of 3rd party ads, you clear your computer’s cache and/or cookies, or access webkinz.com from another computer, you will need to opt out of 3rd party ads again in order to prevent 3rd party ads from appearing on the home, login, and logout pages, as well as pages that follow the logout page. If users do not opt out of 3rd party ads again, they will still be opted out of any 3rd party ad campaigns within webkinz.com.
Please note that, in some instances and geographical locations, you may not be able to either view or participate in ad-based activities due to conflicts with your system or internet provider, which are beyond our control.
Subject to your agreement and continued compliance with the Agreement and any relevant Ganz Policy, Ganz grants you a non-exclusive, non-transferable, revocable limited licence to access the Service using Ganz supported web browsers or authorized mobile devices solely for your own non-commercial entertainment purposes.
Your Account. Certain Content, as it is defined below, may be accessed and/or used by you without requiring registration or login. In order to access and use other Content, you must sign up for an account (the “Account”). Some part of the Service may be limited to users over the age of 18 (e-commerce transactions; games available through SNSs and on mobile devices). You agree that you are entirely liable for all activities conducted through the Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GANZ. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. Facebook Credits) by minors. If you have reason to believe that your Account with us is no longer secure, you must immediately notify us of the problem by e-mailing our Customer Service Representative.
Registration Process/Information. You may register and set up an Account for free and should register all secret and feature codes (each, a “Code”) on the same Account. At the time your Account is set up, you may be required to provide us with certain information about yourself, which may include personally identifiable information. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. You agree at all times to provide accurate, current and complete information about yourself as prompted by our registration form or otherwise. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Account and, at our sole discretion, to report you to the appropriate government authorities. Accounts, usernames and passwords are not transferable, even between your other Accounts, if you have more than one, and have no retail value and are not redeemable for cash.
Free Accounts may have limited access to games, game environment, social networking and trading features available on the Service. In order to receive full access to the Service, Free Account users must subscribe to the Service under one of the available subscription plans.
Passwords. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. Ganz will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. We will use your username and password to identify you when you attempt to access the Service.
Screen Name. As part of the registration process, you may be asked to select a screen name. We reserve the right to refuse to grant you or to terminate a screen name that:
(i) impersonates someone else, including, without limitation, another user or a non playing character;
(ii) is or may be
protected by trademark or other proprietary right;
considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any screen name which is sexual in nature;
(iii) is comprised of or includes any of the following
the name of a popular culture icon, persona or media personality, religious deity or figure, or your real name (e.g., “BarbaraWalters” or “JamesBond”);
the names (including “street” names) of any drug, narcotic or other criminal activity;
partial or complete sentences (e.g., “Iwillgetyou”);
gibberish (e.g., “Bgrewazx”);
“Leet” or “Dudespeak” (e.g., OMGnewb, xLOLx);
any rank and/or fantasy titles (e.g., “MajorDude” or “QueenKate”);
special characters (i.e., ASCII codes);
(iv) is otherwise inappropriate, regardless of our software’s ability to disallow such screen names; and/or
(v) which may mislead others to believe that you are affiliated with Ganz.
You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any screen name at any time and for any reason. If your screen name is canceled, and you wish to resume your use of the Service, you will need to re-register and obtain a new screen name.
Beta Tests. From time to time, Ganz may offer you the opportunity to review and evaluate one or more games prior to their commercial release for the sole purpose of evaluating the games and identifying errors. This process is known as a “Beta Test”. The beta games are provided for testing on an “as is” and “as available” basis and Ganz makes no warranty to you of any kind, express or implied, with respect to such beta games. Furthermore, nothing herein shall be construed as granting you any rights or privileges of any kind with respect to the beta games. When playing some beta games, you may accumulate Virtual Items. Such data may be erased when the testing phase is complete. You understand and agree that the pre-release copy and all other Content provided to you by Ganz during the Beta Test are confidential and proprietary information owned by Ganz. You agree as a condition of participating in a Beta Test to safeguard the pre-release Content and prevent its copying, reproduction or unauthorized access, disclosure or use. Your obligation to keep the Beta Test Content confidential will continue until Ganz publicly distributes, or has otherwise disclosed it to the public, through no fault of yours.
All content offered by Ganz through the Service, including but not limited to games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animation, sound, musical composition, audio-visual elements, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games, video, text, graphics, images and information and all other material appearing on or emanating to and/or from the Service, as well as their overall design and appearance, (collectively and individually, “Content”) is owned, controlled or licensed by or to Ganz, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws within and outside of Canada. You acknowledge that any reliance upon any review, advice, opinion, statement, or other Content, is at your sole risk. Such Content is presented for entertainment and informational purposes only and is not intended to be a substitute for professional advice of any sort, including, without limitation, medical, legal, tax, investment or insurance advice.
We take great care and pride in creating the Service and Content posted on the Service. We are always on the lookout for technical glitches that effect how the Service works. When we find them on our end, we will fix them. Unfortunately, your home computer and/or mobile device may cause some glitches that effect how you see our Service and that is beyond our control.
If you experience any unusual behavior, content or ads on the Service, it may be the result of Malware on your computer. Malware is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Service is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Service and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser);
Install a SpyWare Removal Tool to clean your computer of Malware, e.g. Spybot Search and Destroy or AdAware;
Install antivirus software;
Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact our Customer Service team.
F. SALES POLICY
From time to time, Ganz may offer, for “real world” money, licences to use (a) “virtual currency”, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services . You may also be able to obtain a licence to use eStore Items by redeeming third party virtual currency such as Facebook Credits.
Where offered, you may place an order for Virtual Items by visiting the purchase page in the game and following the applicable rules. When you place an order, we may send you a confirmatory e-mail that will contain details of your order. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Ganz keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Ganz is not a party to that transaction.
For Virtual Items, your order will represent an offer to us to acquire a licence which will be accepted by us when we make the Virtual Items available in your Account for you to use in our games or debit your credit card, whichever comes first. If you reside in the European Union and you purchase a product or service from Ganz, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you order Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your order is placed with us.
In-Game Currency and Game Points. In-game currency is not a real currency or any type of financial instrument but rather a virtual token representing contractual permission from Ganz to access various features of the Service. In order to obtain the in-game currency (e.g. eStore Points), you may be required to either use Facebook Credits, redeem a game card or provide us or another payment service designated by us with your credit card information and other information related to your credit card transaction (e.g., your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). You may be awarded virtual currency for playing games and completing in-game challenges, or through certain of our promoted events. When offered, you may be able to exchange virtual currency for virtual currency used on an Affiliated Site, or transfer it to another user of the Service. All Virtual Items obtained from Ganz in-game will be included in your Account until the earlier of your Account’s expiration or termination date, or such date when the Service is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN THEM. NO INTEREST IS PAID OR EARNED ON THE REMAINING VIRTUAL CURRENCY BALANCE.
Order Processing. If you place a Virtual Item order with Ganz, you warrant that (i) you are of the age of majority in your jurisdiction, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate, and (iv) you agree to pay all fees you incur, including all recurring subscription fees unless and until you affirmatively terminate the Service or Account in accordance with the steps outlined by Ganz. Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order. Where offered, you will receive an e-mail receipt from Ganz providing full details of your purchase/subscription as well as have the purchase recorded in your Account History.
Price Changes. Ganz may change prices and fees at any time, without notice. If you pay a periodic subscription fee, Ganz will provide you with notice of any change to the fee or billing method in advance.
G. USER GENERATED CONTENT
DO NOT SUBMIT ANY UNSOLICITED USER GENERATED CONTENT; NO IMPLIED CONTRACT. Our long-standing company policy does not allow us to accept or consider Unsolicited User Generated Content so please do not submit Unsolicited User Generated Content. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Ganz reserves the right to return such Submission without reviewing.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, including the right to sublicense and assign to third parties (collectively, “Intellectual Property Rights“) you own or control to copy, fix, use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, adapt, improve, reformat, manufacture, introduce into circulation, commercialize, publish, create derivative works based on, perform, sell, license, sublicense, transfer, rent, lease, transmit, provide access to electronically, enter into computer memory, and otherwise exploit such User Generated Content, in whole or in part, in any way and in all media formats and channels now known or hereafter devised (including on any of the Affiliated Sites, on third party websites, on broadband and wireless platforms, products and services, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
H. CHAT AND FORUM PARTICIPATION
As part of the Service, Ganz may offer users various social communication features (e.g. discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features which allow you and other users to post information, provide feedback and interact in real-time) that permit users, consistent with applicable laws, to post comments, information and opinions visible to others. To the extent that the Service provides users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the “Postings”), please be advised that such Postings do not necessarily reflect the views of Ganz.
You further acknowledge that a large volume of information is exchanged through such Postings and that people occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the forums/chat rooms by you or other users of the Service.
WHEN USING THE SOCIAL COMMUNICATION FEATURES YOU AGREE NOT TO:
Disclose personally identifiable information of any person, including yourself, under the age of 13;
Disrupt the normal course and pace of postings or chat, including through: (i) use of a macro with large amounts of text; (ii) use of mechanisms causing the forum or chat screen to scroll faster than other users are able to read; (iii) hitting the return key repeatedly; (iv) excessive shouting through the use of the “all caps” key; (v) posting spam messages; and/or (vi) sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages;
Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other user; or
Participate in any action that, in our sole discretion, “scams” or otherwise defrauds any other user, including with respect to any items that a user has earned or otherwise obtained.
Under no circumstances will Ganz, any of its partners, affiliates, related companies, or any of their directors, employees, agents, distributors, licensees and licensors (collectively and individually, the “Ganz Group”) be responsible for any errors or omissions in the Postings, or for hyperlinks embedded in them, or for any loss or damage caused by your use of a social communication feature or reliance on the information posted through such feature. You should be aware that, when you disclose information about yourself in a forum/chat room, the information is being made publicly available and may be collected and used by other Service users. When you disclose any information on the Service, you do so at your own risk.
I. CODE OF CONDUCT
Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Service, disclose your personally identifiable information or any other person’s or user’s personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) without the information owner’s express consent;
Impersonate another person (including celebrity), attempt to mislead others by indicating that you represent the Ganz Group, express or imply that any statements you make or actions you take are endorsed by us;
Sell, advertise, or post information on hacks for the Service, whether for free or for the commercial benefit of you or third parties;
(i) 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 another person’s privacy;
(ii) infringes our or any third party’s Intellectual Property Rights or other rights, or that you otherwise do not have permission to transmit;
(iii) carries viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of destructive nature;
(iv) contains any
material, non-public information about companies without the authorization to do so;
trade secret of third parties;
advertisements, solicitations, chain letters, contests, surveys, spamming, pyramid schemes, investment opportunities, duplicative or other unsolicited communication, commercial or otherwise (except as otherwise expressly permitted by us);
Improperly use in-game support or complaint buttons or make false reports to Ganz;
Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting transmitted through the Service;
Engage in hacking, password “mining” 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 or take steps to change “game play” in any way, including, without limitation, by creating cheats and/or hacks;
10. Use any device, software or routine to access any Content, interfere or attempt to interfere with any transaction being conducted through the Service, or with any other person’s use of the Service; or
11. Probe, scan or test the vulnerability of the Service or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Service, Ganz’s systems or networks, or any systems or networks connected to the Service or to Ganz.
J. NO SPAM
The publication of electronic mail addresses is to facilitate communications relating to the Service and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
K. CONTESTS AND OTHER PROMOTIONS
In any Promotion, the following minimum rules shall apply:
We will tell you the number and type of prizes to be won;
Your chances of winning depend on your skill; your chances of winning also depend on the number of contest participants and their skill;
For some contests, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
Some games may have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
We will clearly advise you of the start and stop times applicable to the contest selected;
There may be limits on the number of times you may participate in the contest, so read the Rules carefully; and
Prizes will be awarded without undue delay.
By entering contests on social networks, you acknowledge having read and accepted privacy policies governing your activities on such social networks and accept the risk of having personal information of yourself or your child disclosed on such social networks.
You further acknowledge and agree that all communications and documents between you and Ganz with respect to your use of the Service may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.
M. DISCLAIMER OF WARRANTY
GANZ PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GANZ WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHICAL LOCATION.
IN ADDITION, THE GANZ GROUP DOES NOT WARRANT THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
N. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY, OR THAT OF THE GANZ GROUP, IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ.
GANZ SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF GANZ, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND GANZ’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR OR MATERIALS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE GANZ GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE THE SERVICE EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE IN RELATION TO THE SERVICE OR (II) USD$100.
Ganz reserves the right to terminate without notice any Account if its user is determined by Ganz, in its sole discretion, to be a “repeat infringer”. You can lose your username and persona as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased Virtual Items associated with your use of the Service, and Ganz is under no obligation to compensate you for any such loss or result.
In addition, Ganz may terminate or suspend your Account and/or access to all or part of the Service in the event Ganz ceases its operations and/or provision of any applicable products or services in connection with the Service.