Ketsujin's goal in the operation of Fighter Ace ® is to create a friendly and
enjoyable online gaming experience for as many users as possible. Ketsujin has
established the following rules for users to achieve this goal. These rules
apply to both the online game and the Fighter Ace ® newsgroups. Violating
the Code of Conduct can result in the loss of access (in full or part) to the
Fighter Ace Game Servers. Note: A
subscription provides access to the Fighter Ace ® Game Servers but does not
guarantee access to the Fighter Ace ® Newsgroups. Ketsujin reserves the right to
disable posting privileges to the Newsgroups at any time.
- You shall not harass or threaten other players or otherwise make the game environment unfriendly for others.
- You shall not transmit or enable the transmission of content that is abusive, racially or culturally discriminating, sexually explicit, profane, vulgar, offensive or defamatory.
- You shall not disclose the personal information of other players against their will.
- You shall not collect or store the personal information of other players.
- You shall not behave in an unsportsman like manner. This includes any action that the Ketsujin staff deems not to be in the spirit of the game.
- You shall not send communications to the Fighter Ace ® newsgroups and chat forums in such a way as to disrupt the flow of discussion and reduce the enjoyment of other players. This includes, but is not limited to: flooding, cross-posting, use of ALL CAPS, or any material designed to embarrass, humiliate, or chastise another.
- You shall not misrepresent or impersonate other players, people, or groups, including squads.
- You shall not attempt to obtain the password of another user (Ketsujin employees will never personally ask for your password online and you should, therefore, never disclose your password to another player).
- You shall not perform or facilitate any illegal or malicious actions (such as transmitting messages containing viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment).
- You shall not use any part of Fighter Ace ® for commercial promotional purposes (i.e. don't advertise).
- You shall not interfere with Sysops or Staff (players with @FA and @HQ on their pilot names) while they are performing their duties. This includes intentional harassment, disrespect, or any other interruption that will disrupt and inflame a situation and detract from the enjoyment of the game for others.
- You SHALL have FUN!
IMPORTANT ------ Please read carefully.
WEBSITE USE TERMS & CONDITIONS
AN AGREEMENT BETWEEN US
Welcome to the Ketsujin website for the Fighter Ace ® game. Please review the following terms and conditions that govern your use of our website and software. We are 1464251 Ontario Inc. D/B/A Ketsujin Studios hereafter referred to as "Ketsujin". Please note that your clicking on the I ACCEPT button governs your use of our website and software and constitutes your agreement to follow and be bound by these terms and conditions.
Electronic Signatures and agreement(s)
You acknowledge and agree that by clicking on the I ACCEPT button, or similar buttons or links as may be designated by Ketsujin, you show YOUR approval of any foregoing text. You are entering into a legally binding contract with Ketsujin. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Fighter Ace service. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable mandatory law, which require an original (non-electronic) signature or delivery or retention of non-electronic records.
Jurisdiction's Restrictions
If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and You are under such a jurisdiction and under such an age limit, You may not enter into this Agreement or use the Fighter Ace service. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction that your use of the Fighter Ace software and website is allowed.
General Disclaimer
While all attempts have been made to ensure the accuracy and reliability of all the materials that are part of this website, including, but not limited to, the information, advertisements, images, graphics, illustrations, designs, icons, and photographs (collectively, the "Materials"), Ketsujin does not represent or endorse the accuracy or reliability of any of the Materials contained on, distributed through, or linked to, downloaded or accessed from this website, nor the quality, reliability or accuracy of any products or other materials manufactured or supplied by others. This website may contain hyperlinks to websites operated by others ("Linked Sites"). Ketsujin Studios does not operate or control any information, products or services on the Linked Sites and makes no representations concerning any efforts to review any or all of the content of the Linked Sites. Ketsujin provides links to other Internet sites as a convenience to users, and access to the Linked Sites is at your own risk.
THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S) ARE PROVIDED BY Ketsujin ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER STATUTORY OR COMMON LAW WARRANTIES. Ketsujin DOES NOT WARRANT THAT THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S) ARE COMPLETE, ACCURATE, RELIABLE OR ERROR FREE OR THAT THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE AND MATERIALS, THAT YOUR USE OF THE WEBSITE AND MATERIALS AND ANY LINKED SITE(S), AND ANY RELIANCE UPON THEM, IS YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S). FURTHER, YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE AND MATERIALS THAT Ketsujin, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE, THE MATERIALS IT CONTAINS OR ANY LINKED SITE(S), INCLUDING, WITHOUT LIMITATION, CLAIMS BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF Ketsujin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSIONS OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR GAME SERVER, DELETION OF FILES OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, THE MATERIALS IT CONTAINS OR ANY LINKED SITES(S).
Ketsujin IS ENTITLED, WITHOUT ANY LIABILITYY, TO REFUSE, RESTRICT, LIMIT, SUSPSEND AND/OR INTERFERE OR INTERRUPT THE FIGHTER ACE SERVICE OR ANY PART THEREOF, WITHOUT ANY NOTICE TO YOU FOR THE REPAIR, IMPROVEMENT, AND/OR UPGRADE OF THE FIGHTER ACE SERVICE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT Ketsujin DOES NOT CONTROL, MAY NOT HAVE ANY KNOWLEDGE OF, THE CONTENT OF ANY COMMUNICATIONS TRANSMITTED BY USERS OF THE FIGHTER ACE SOFTWARE AND/OR THE FIGHTER ACE WEBSITE. THIS INCLUDES BUT IS NOT LIMITED TO ANY COMMUNICATION TRANSMITTED BY THE USE OF VOICE PROGRAMS. THE CONTENT OF SUCH COMMUNICATION IS ENTIRELY THE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. IF YOU JOIN SUCH COMMUNICATION YOU, THEREFORE, MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, HARMFUL TO MINORS, INDECENT OR OTHERWISE OBJECTIONABLE. Ketsujin WILL NOT BE LIABLE FOR ANY TYPE OF COMMUNICATION BETWEEN USERS OF THE FIGHTER ACE SERVICE.
FORCE MAJEURE
You acknowledge and understand that the Fighter Ace service may not function as a result of a force majeure, Ketsujin will not be in breach of its obligation to you under these Terms of Service. A force majeure event means any event beyond the control of Ketsujin including, but not limited to, an act of God, insurrection or civil disorder, war or military operations, national or local emergency, a serious and sustained power outage or severe Internet service disruption, flood , subsidence, or weather conditions of exceptional severity.
In the event Fighter Ace is affected by a force majeure event, it shall exercise best reasonable effort to promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations. Fighter Ace will not accept any liability for the consequences arising out of a force majeure event.
Privacy Policy
Ketsujin is committed to providing the best online gaming experience in a responsible manner. We believe that, by educating users about our practices in the operation of Fighter Ace ®, we can obtain their trust and allow them to focus on enjoying the game. We adopted this Policy for users of Fighter Ace ® as a means by which we can disclose our practices, express our philosophy of respecting the right of users to confidentiality and providing, to the best of our ability, a safe online experience for our users.
Purpose of Data Collection
We collect the minimum information required to ensure the best online gaming experience for our users.
Specifically, we notify users via email of game events, updates and news. By alerting our users of game events, we ensure that you do not miss the opportunity to input your game actions. We also keep you informed of any news about, or changes to, the game. We only send information about game updates to users who have elected to receive such notifications.
In striving to provide an enjoyable game environment, we try to minimize the level of unfair game tactics employed by some users through the creation of multiple IDs and other inappropriate behavior in the game and the environment's forums. Additionally, we may track Internet users that appear to be threatening the security of the Fighter Ace ® system.
Finally, we also collect and analyze aggregate statistical data across all of Fighter Ace's ® users to better understand our user community and tailor the Fighter Ace ® gaming experience to their needs.
Data Collected
In order to help us attain these goals, we collect the following data in the following ways:
In order to register you as a player in Fighter Ace ®, we require that you provide your name, an email address, and alias. If you commenced to register to play Fighter Ace ® through another company apart from Ketsujin, they may have directly passed us your name and email address to facilitate the registration process. We may also request that you provide us with additional information on a voluntary basis. Upon receipt of this information, we perform a preliminary check to ensure that you do not have another active Fighter Ace ® user ID.
We periodically monitor forums for inappropriate behavior and may maintain records of messages in such cases.
Cookies
Upon logging onto Fighter Ace ® website for the first time, the game creates a "cookie" on your computer that contains only your alias. Cookies are simply small data files that may contain a variety of information and do not harm or tamper with your computer in any way. This allows you to avoid having to re-enter your user ID every time you access the system, but still requires that you enter your password. As the password is not stored in the cookie's data, the cookie data is not encrypted. Further, Fighter Ace ® does not rely on the data stored in the cookie in any way, but relies on your user ID and password supplied at the logon screen. Your refusal to accept this cookie or its deletion does not limit your ability in any way to play Fighter Ace ®, but you will need to re-enter in your user ID each time you log on. Once you leave the game, we no longer access this cookie.
Disclosure of Information
Disclosure of Information: We will not disclose any information we collect to a third party unless required to do so by law. However, information we collect (including information collected prior to the date of amendment of this Privacy Policy to include this sentence [7/25/04]) may be transferred to any person as part of an assignment or sale of all or a material part of the business of provision of the Fighter Ace ® game.
Please be aware that the Fighter Ace ® newsgroup forums are publicly available and, as such, any information disclosed by posting a message in these forums may be collected by other individuals or groups.
Viewing of Information
You may view your information when logged on to Fighter Ace ®. If, for any reason, you are concerned about the personal information maintained by Ketsujin in operation of the Fighter Ace ® game, please email us at fasupport@ketsujin.com.
Security
The security of the data we collect is of utmost importance to us. We maintain this data in a secure database. Further, your user ID and password are entered on a secure logon screen to be able to access any user ID information. No system, however, is 100% secure; although every effort will be made to ensure security, we cannot guarantee the security of any information you provide and, as such, note that any information you provide is at your own risk.
Canceling your Subscription
Ketsujin requires the ability to store your name and email address to allow you to play Fighter Ace ®. If you do not want Ketsujin Studios to maintain this data, please go to the Community section of the website and login. From there you will be able to access pilot information and update your account information.
You will not be harassed for canceling your subscription, but, as a result, you will need to re-establish an account in order to play Fighter Ace ® again.
If you wish to continue to play Fighter Ace ®, but do not wish to receive any further notification emails, the email messages themselves indicate how you can stop receiving these emails.
Protection of Children's Privacy
Upon registration, we require individuals to confirm that they are at least 13 years of age, but recognize that it is difficult to verify the age of a user over the Internet. As such, we urge children to review this page with their parents and parents to instruct their children never to provide any personal information over the Internet without explicit parental consent.
In the case where a parent discovers that his or her child has provided such information to Fighter Ace ® without parental consent, they should consider canceling your Fighter Ace ® subscription via the Cancel Subscription page or notifying us so that we may review our practices.
Advertisers
Certain pages on the Fighter Ace ® site may contain advertising hosted by external advertising firms directly from their servers. These ads may pass cookies to your computer that are only accessed by the advertising firm. We do not supply any information about individual users to these advertising firms, nor do we have control over any of the information they collect.
Notification of Privacy Policy Changes
If we change this Policy at any time in the future, we will post notice on this web page of the changes at least 30 days in advance of their date of effect.
Contact Information
If you have any questions about this Policy or wish to register a complaint, you can send an email to fasupport@ketsujin.com
We are committed to providing you a response within 30 days of our receipt of your inquiry.
Any information you disclose during the process of registering an inquiry or a complaint will not be used for any purpose other than directly responding to your communication unless required by law.
Copyright & Trademark Information
Unless otherwise noted, all Materials are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed to or by Ketsujin. All other manufacturer and product names mentioned on the website are the trademarks of their respective owners. The website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned and reserved by Ketsujin.
The Materials of the website, and the website as a whole, are intended solely for personal use by the users of our site. You may download or copy any of the Materials only for your informational, personal, non-commercial use. If you copy or download any of the Materials you must keep intact all copyright, trademark and other proprietary notices appearing on such materials. No right, title or interest in any downloaded Materials is transferred to you as a result of any such downloading or copying. You may not copy or reproduce (except as noted above), publish or post, publicly display or perform, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Materials or the website as a whole.
Indemnification
You agree to defend, indemnify and hold Ketsujin harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of our website, the Materials it contains and any Linked Site(s). Ketsujin is not responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from (a) any information provided on this Website, the Materials it contains and any Linked Site(s) or (b) the use of, or the inability to use this website or service or any Linked Site(s). If you are dissatisfied with the Fighter Ace website, the Fighter Ace service, or any Materials contained in the website, or any Linked Site(s), or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website, the Fighter Ace service, any Materials contained in the website and any Linked Site(s). The total liability of Ketsujin to you for any claim arising from or relating to these Terms and Conditions or use of this website shall not exceed one hundred dollars (US$100).
Termination
This Agreement is effective unless and until terminated by Ketsujin. Ketsujin may terminate this Agreement at any time without notice to you, and accordingly deny you access to the website and game servers at our sole discretion. In the event that service is terminated by Ketsujin for reasons not covered in the Code of Conduct or Terms of Use, you may request a refund of the remaining time on the subscription. Upon any termination of this Agreement by Ketsujin, you must promptly destroy all Materials downloaded or otherwise obtained from this website, as well as all copies of such materials. In addition, by providing the Materials on our website, Ketsujin does not in any way promise that the Materials or the website will remain available to you. Ketsujin may terminate all or part of its website at any time without notice to you.
Account Use
Use of your Account is expressly limited to you. Your Account may not be transferred to, or used by any other party, temporarily or permanently.
Modification
Ketsujin may modify this Agreement at any time by simply updating this posting and without notice to you. You will be bound by all such modifications, whether or not you have notice thereof.
Entire Agreement
This is the entire agreement between us regarding all matters that have been discussed in the preceding paragraphs.
Cancel Subscription
By canceling your subscription, you indicate that you no longer wish to participate in Fighter Ace ®.
When you cancel your subscription, you have to enter in your user ID and password. You will not be harassed for canceling your subscription and will not be prohibited from playing the game again.
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PRIVACY POLICY
This information is repeated in the Terms of Use and should be regarded as a complete contract.
Ketsujin is committed to providing the best online gaming experience in a responsible manner. We believe that, by educating users about our practices in the operation of Fighter Ace ®, we can obtain their trust and allow them to focus on enjoying the game. We adopted this Policy for users of Fighter Ace ® as a means by which we can disclose our practices, express our philosophy of respecting the right of users to confidentiality and providing, to the best of our ability, a safe online experience for our users.
Purpose of Data Collection
We collect the minimum information required to ensure the best online gaming experience for our users.
Specifically, we notify users via email of game events, updates and news. By alerting our users of game events, we ensure that you do not miss the opportunity to input your game actions. We also keep you informed of any news about, or changes to, the game. We only send information about game updates to users who have elected to receive such notifications.
In striving to provide an enjoyable game environment, we try to minimize the level of unfair game tactics employed by some users through the creation of multiple IDs and other inappropriate behavior in the game and the environment's newsgroups. Additionally, we may track Internet users that appear to be threatening the security of the Fighter Ace ® system.
Finally, we also collect and analyze aggregate statistical data across all of Fighter Ace ®'s users to better understand our user community and tailor the Fighter Ace ® gaming experience to their needs.
Data Collected
In order to help us attain these goals, we collect the following data in the following ways:
In order to register you as a player in Fighter Ace ®, we require that you provide your name, an email address, and alias. If you commenced to register to play Fighter Ace ® through another company apart from Ketsujin, they may have passed us your name and email address to facilitate the registration process. We may also request that you provide us with additional information on a voluntary basis. Upon receipt of this information, we perform a preliminary check to ensure that you do not have another active Fighter Ace ® user ID.
We periodically monitor newsgroups for inappropriate behavior and may maintain records of messages in such cases.
Transactional Information
The short-term retention of your computer's IP address is considered Transactional Information (TI). While TI can sometimes be linked a specific computer, it is necessary to communicate over the Internet, so it must be collected and retained for the duration of a connection. As Fighter Ace ® is operated through a website, it uses TI (specifically, IP addresses only) to direct communication. TI is treated as sensitive information and is never stored unless necessary due to disruption or malfunctioning of the game.
Ketsujin may monitor Fighter Ace ® to make sure it is functioning properly. When this happens, TI may be stored for a few minutes. If there appears to be a problem with Fighter Ace ®, or there is evidence of illegal or disruptive activity (e.g., attempts to subvert, disrupt, damage, or misuse data, data traffic, network users, or equipment), additional TI may be collected and stored. Only the minimum necessary TI is collected and or recorded (i.e. an IP address) and it is only retained for as long as necessary. Apart from your computer's IP address, your browser software may transmit additional information about the capabilities and configuration of your computer and its general geographic location. Ketsujin Studios may use this information to generate aggregate statistical data about the users of Fighter Ace ®. This information is never linked to individuals.
Cookies
Upon logging onto Fighter Ace ® for the first time, the game creates a "cookie" on your computer that contains only your alias. Cookies are simply small data files that may contain a variety of information and do not harm or tamper with your computer in any way. This allows you to avoid having to re-enter your user ID every time you access the system, but still requires that you enter your password. As the password is not stored in the cookie's data, the cookie data is not encrypted. Further, Fighter Ace ® does not rely on the data stored in the cookie in any way, but relies on your user ID and password supplied at the logon screen. Your refusal to accept this cookie or its deletion does not limit your ability in any way to play Fighter Ace ®, but you will need to re-enter in your user ID each time you log on. Once you leave the game, we no longer access this cookie.
Disclosure of Information
We will not disclose any information we collect to any third party unless required to do so by law. However, information we collect (including information collected prior to the date of amendment of this Privacy Policy to include this sentence [7/25/04]) may be transferred to any person as part of an assignment or sale of all or a material part of the business of provision of the Fighter Ace ® game.
Please be aware that the Fighter Ace ® newsgroup forums are publicly available and, as such, any information disclosed by posting a message in these forums may be collected by other individuals or groups.
Viewing of Information
You may view your information when logged on to Fighter Ace ®. If, for any reason, you are concerned about the personal information maintained by Ketsujin in operation of the Fighter Ace ® game, please email us at fasupport@ketsujin.com.
Security
The security of the data we collect is of utmost importance to us. We maintain this data in a secure database. Further, your user ID and password are entered on a secure logon screen to be able to access any user ID information. No system, however, is 100% secure; although every effort will be made to ensure security, we cannot guarantee the security of any information you provide and, as such, note that any information you provide is at your own risk.
Protection of Children's Privacy
Upon registration, we require individuals to confirm that they are at least 13 years of age, but recognize that it is difficult to verify the age of a user over the Internet. As such, we urge children to review this page with their parents and parents to instruct their children never to provide any personal information over the Internet without explicit parental consent.
In the case where a parent discovers that his or her child has provided such information to Fighter Ace ® without parental consent, they should consider canceling your Fighter Ace ® subscription via the Cancel Subscription page or notifying us so that we may review our practices.
Advertisers
Certain pages on the Fighter Ace ® site may contain advertising hosted by external advertising firms directly from their servers. These ads may pass cookies to your computer that are only accessed by the advertising firm. We do not supply any information about individual users to these advertising firms, nor do we have control over any of the information they collect.
Notification of Privacy Policy Changes
If we change this Policy at any time in the future, we will post notice on this web page of the changes at least 30 days in advance of their date of effect.
Contact Information
If you have any questions about this Policy or wish to register a complaint, you can send an email to fasupport@ketsujin.com
We are committed to providing you a response within 30 days of our receipt of your inquiry.
Any information you disclose during the process of registering an inquiry or a complaint will not be used for any purpose other than directly responding to your communication unless required by law.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN, BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE FIGHTER ACE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITONS AND GRANT TO FIGHTER ACE THE RIGHTS SET FORTH WITHIN.
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