Genia Terms and Conditions

Last Update: 14 October 2011

Definitions

  • As part of GENIA terms and conditions, the following designations shall be used in reference to the interested parties :
    • GENIA defines all of the products and services it offers including on-line computer games, mobile games, websites, forums, newsletters and any other content or functionality offered by GENIA as either “GENIA”, “GENIA products and services”, “GENIA games” or simply “products and services”.
    • Users of GENIA products and services, whether they be providers of content, players, parent or legal guardian of a player or visitors to GENIA websites are referred to as “Users”.
    • Any entity other than the user or Genia shall be referred to as a “Third party”. Third parties may or may not be under the control and responsibility of GENIA. Either occurrence is defined within these terms and conditions.

Introduction

  • As the user of GENIA products and services, you are subject to the terms and conditions herein. Please read these terms and conditions carefully. GENIA reserves the right to change or add to the contents of these terms and conditions at any time and the user acknowledges this fact.
  • Provision of the game does not include any costs associated with Internet service including ISP and bandwidth usage. GENIA is not responsible for any costs incurred by the user as a result of using any of its products and services.
  • The user must eventually create a user account in order to play or continue playing GENIA games. GENIA will provide user account registration confirmation by email. The user can arrange to have the user account deleted.
  • GENIA products and services (including game credits or the features within games) can continuously be updated, adjusted or modified. The user acknowledges that games and features can change or eventually become discontinued. GENIA therefore reserves the right to discontinue a game, the particular instance of a game or the maintenance of a game.
  • GENIA reserves the right to modify the organization of game serving (e.g., divided into servers, languages, player levels, etc.).
  • Certain GENIA games may not be persistent and, therefore, users must expect to lose all or most resources acquired during such games as they will no longer be active and eventually may become completely reset or removed.
  • The use of GENIA games includes materials and content that is proprietary to GENIA including: text, data, graphics, images and photos, videos, sounds, audio clips, music, animation, simulations and other such content normally associated with video games.
  • GENIA grants the user a limited revocable license to use its products and services under the terms and conditions herein.

Applicability

  1. The terms herein, published on the website(s) of GENIA, and all additional rules including game play and privacy policy are the sole terms applicable to GENIA products and services, unless expressed otherwise in writing by GENIA.
  2. By using the Genia website(s) and/or any of its products and services, the user accepts that these terms apply and that they are binding (whether or not the user has registered or attempted to register).
  3. GENIA products and services shall be used by individual consumers only. Operation of games for profit or commercial purposes is denied.
  4. GENIA products and services are offered and available only to people 18 years of age and older or having attained the age of majority in the place of residence. Users that are minors must be at least 13 years old and have obtained approval from their parent of legal guardian. The use of GENIA products and services confirms that the user is aware of and accepts this.
  5. GENIA reserves the right to update the terms herein in good faith in the future. In such cases, the “last update” information, as identified in the beginning, will be updated. Users are advised to stay informed of the latest version of the terms as well as any applicable rule(s). Users can object to the new terms by writing or emailing GENIA within 1 month, after which the new terms shall become binding for that user. Any objection shall entitle GENIA or the user to initiate the cancellation of an existing agreement. In such cases, the original terms shall continue to be effective until the termination of the agreement.

Trademarks, Copyrights and Intellectual property

  • All content, trademarks, brands, features, documentation and tools that are made available by GENIA products and services are the property of GENIA (unless otherwise specified) and are protected by Canadian and international copyright and intellectual property. Unauthorized use of the content provided in GENIA games is a violation of applicable copyrights, trademarks, and intellectual property. Users and viewers cannot reproduce, display, retrieve, edit, translate, distribute, publish, transmit, sell or license any of this material without written permission from GENIA.
  • Marks that are not owned by GENIA belong to their respective owners.
  • GENIA respects the intellectual property rights of others. If you consider that your IP rights have been violated, please notify us by email and we will respond appropriately.

Limitation of liability and Disclaimers of warranties

  • GENIA will make every effort to ensure the smooth operation of its products and services.
  • GENIA cannot guarantee that customer service or technical support will always be available or free of errors, bugs or viruses.
  • GENIA will not accept liability in excess of $100 USD and disclaims all liability in case of use that is not performed in accordance to the terms and conditions as described herein.
  • GENIA may temporarily interrupt the availability of its game(s) or service(s) without liability.
  • The user agrees and acknowledges that GENIA games, sites and services are provided as is and that use of these products and services is performed at your own risk. The user is responsible for any damage or loss of data on their computer.
  • GENIA is not responsible and will not be liable for the context resulting from links leading outside of the products and services directly under the control of GENIA.
  • No information outside of these terms and conditions alter the disclaimer and limitation of warranty or procures any type of additional guarantee.
  • If the user does not agree with any of the terms set herein, the user should quit using GENIA products and services immediately.
  • As the user of GENIA products and services, you agree to hold GENIA harmless and to indemnify employees from any damages.

Advertising and promotions

  • The user can choose to stop using GENIA products and services or even have his account deactivated. In such cases, GENIA remains entitled to continue to send information to the user by email. The user can then revoke his consent to receive such information by “unsubscribing” via the link provided in these communications.

User Information and privacy policy

  • Genia will handle all user data confidentially, via reasonable security measures and in compliance with relevant data protection regulations. Please refer to our Privacy policy for more detailed information regarding the handling and collection of personal and private information.
  • The user recognizes that GENIA may be required to ask personal information from the user for secured identification and/or payment purposes.
  • The user recognizes that GENIA will be saving and processing personal information from the user.
  • The user agrees to be solely responsible for providing, updating or deleting personal information as well as the accuracy of this information. The user agrees to keep the provided personal information up to date.
  • GENIA reserves the right to modify or delete any information provided by the user (including user name and such) that does not comply with these terms or rules.
  • Genia does not wish to receive confidential or proprietary information and ideas from the user. The user understands that such material should not be provided to GENIA and that, if such a case were to arise, all provided material will be treated as non-confidential and nonproprietary.
  • The user agrees that GENIA may collect navigation and behavioral information relating to the use of GENIA products and services by the user (history of connections, cookies, purchases and other in-game or on-site usage) as well as user-related information such as the user’s computer (ISP, IP address, hardware and software configuration). The user agrees that Genia may use this information for purposes such as monitoring the compliance of the user with the terms herein.
  • The user recognizes that the game account will be deleted as a result of deleting the data pertinent to the user.
  • The user recognizes and accepts that personal information will be submitted and exchanged electronically (e.g. emails, etc.). The user also agrees that this satisfies all legal requirements.

User Responsibilities and Restrictions

  • The user may not have more than 5 accounts in one particular occurrence of a game.
  • The user agrees to keep login information and, in particular, the password secret and reasonably protected from theft or ill-advised use.
  • The user agrees that the security of his user account is solely the responsibility of the user. GENIA shall not be held responsible in any way.
  • The user agrees not to use the account from other users.
  • The user agrees to use means of communications (e.g. in-game chat, etc.) as provided by GENIA only for the purposes of activities relating directly to GENIA products and services.
  • Although GENIA may provide moderation services, the user agrees to take responsibility for any content that he generates including the names of the user, avatar, city and alliance. The user shall observe laws and regulations including no violence, defamation, abusive language, sexism, obscenity, pornography, racism, insults, any type of harassment, intimidation, advertisement, religious or political affinities, disregard of privacy, untruthful allegations about Genia, pretending to be an employee of Genia or anyone of its third-parties, use of legally protected material or illegal content.
  • The user agrees not to create or use programs that do not originate from (or are under control of) GENIA and that could potentially either provide an unfair advantage, decrease, interrupt or impair the capacity or performance of any GENIA games or services, including: spamming, loopholes, use of bugs, server overloading, hacking, cracking, installation or use of pirated software, upload of viruses, macros, cheat utilities, proxy servers, data mining, robots, spiders, crawlers, spyware, extraction tools, disruption of transmissions, packet sniffing, infiltration of game servers, use of meta tags, hiding text or modifying the game.
  • The user agrees to use GENIA products and services only via those Internet browsers as supported by GENIA.
  • GENIA reserves the right to take the necessary means (including the use of software) to detect detrimental or incorrect behavior.
  • The user agrees to provide adequate identification when contacting GENIA (including, but not necessarily limited to user name, email address and server or particular instance of a game if applicable).
  • The user agrees to provide accurately and completely the information required to create an account. This includes, but is not necessarily limited to, a valid email address, user name and password. The user agrees to keep this information current and may also be required to provide additional information such as salutations, date of birth, place of residence, preferred language, and the answer to a secret question for password recovery.
  • The user can and should notify GENIA in case of errors or defects. We appreciate contributions by the user and encourage the user to report any such problems. Please contact us.
  • The user acknowledges that the user account, which includes information such as user name and password, remains the property of GENIA.
  • The user agrees to be reached by GENIA by means of email.
  • The user acknowledges that using GENIA products or services constitutes acceptance by the user of all terms and conditions described herein.
  • The user agrees not to trade or sell any items from GENIA games except where this type of activity is provided and supported by GENIA products and services.
  • The user agrees not to create or organize raffles or any similar type of contest around GENIA game items or activities.
  • The user agrees not to disguise the origin of GENIA content.
  • The user agrees not to attempt to cause, either directly or indirectly, any harm to minors or other users, promote illegal conduct, collect personal data, interfere with GENIA products and services or promote links to sites other than under the control of GENIA.
  • The user acknowledges that cheating is detrimental to GENIA games and agrees not to engage in any fraudulent or dishonest behavior.
  • The user agrees not to attempt to spy on or illegitimately intercept communications held between GENIA and users or between users.
  • The user agrees not to attempt to copy or reverse engineer any of the content or functionality that is offered by GENIA products and services.
  • If the user releases their login information to a third party who then proceeds to perform incorrect or fraudulent behavior, GENIA may then hold the user liable.
  • The user must have reasonably fast access to the Internet in order to operate most products and services from Genia. All costs associated to gaining access to and using the Internet are the responsibility of the user.

Sanctions

  • GENIA reserves the right to take criminal sanctions against the user in cases where the law has been violated.
  • Genia reserves the right to prosecute users trying to gain access to other user’s personal information.
  • GENIA reserves the right to investigate suspect behavior and to involve and cooperate with law officials in cases where this is deemed pertinent. All information obtained by Genia can be used to perform tasks related to prevention and punishment.

Termination

  • These terms and conditions become effective immediately after being deemed accepted (as acceptance is described in these terms) and for the agreed term unless either the user or GENIA terminates it before this time. It is not necessary for the user to expressly terminate this agreement as this can be expressed simply by discontinuing the use of GENIA games and/or services.
  • GENIA may terminate the provision of its products and services with or without prior warning or notice to the user. GENIA may also give notice of cancellation if a user account has not been used for 6 months or more. Such cancellations require a notice of at least 4 weeks. Once canceled, GENIA reserves the right to delete such accounts.
  • The user recognizes that improper use of GENIA products and services or non-respect of these terms and conditions are causes for termination of the user by GENIA.
  • All terms expressed herein apply for an indefinite period of time unless otherwise specified.

Miscellaneous

  • These terms and conditions are governed and construed in accordance with Canadian law. Canadian law shall prevail where the user is outside Canada.
  • If any conditions or terms of this agreement are deemed illegal, invalid or unenforceable under a national law, such term(s) will be deleted without prejudice to other provisions in these same terms and conditions.
  • If the user uses GENIA games or services outside of Canada, the user is responsible for the lawful use of GENIA products and services in such countries.
  • The user agrees that any claims addressed to GENIA must be initiated within 3 months of the occurrence for which a claim is deemed necessary or applicable.

Support

  • In order to receive product support, the user must hold at least one user account.
  • Support of GENIA products and services is provided primarily by means of email or an on-line ticketing system. Please contact us electronically. You can also reach us at the following postal address:

Technical Support/Customer Service
Genia Inc.
1000 , de l’Eglise
Suite 650
Quebec, QC
Canada G1V 3V9