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Thread: Terms of Service

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    Terms of Service

    Storm8 Terms of Service

    Last modified: November 9th, 2012.

    The following terms and conditions, which include and hereby incorporate the Privacy Policy at http://www.storm8.com/privacy (collectively, these "Terms of Use") are a binding legal agreement between you and Storm8, Inc., its subsidiaries and affiliated companies ("Storm8") that govern your use of (i) the website located at http://www.storm8.com (the "Site"), including any services, features and content accessible or downloadable from the Site, and (ii) any other Storm8 application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the "Service"). The Service is not intended for use by children under 13 years of age.

    A. Your Acceptance of the Terms of Use:
    Please carefully read these Terms of Use, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use.

    IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

    B. Changes to the Terms of Use and the Service:
    Storm8 reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT STORM8 SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

    Except as may be expressly specified otherwise by Storm8 with respect to paid portions of the Service, Storm8 reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

    C. Relationship to Other Agreements:
    Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements ("Third Party Agreements"), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to Storm8 or any aspect of the Service, these Terms of Use will control.

    D. Registration, User Data and Accounts:
    You may register for a user account that enables you to post content to a blog, message board, chat room or other forum (an "Account"). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, Storm8 has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

    Each user of the Service is allowed a maximum of one Account per Device. A "Device" must embed Apple's operating system or the Android operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided in Section E of these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Storm8 of any unauthorized use of your password or Account or any other breach of security.

    E. Rights to Use the Service:
    Subject to your compliance with these Terms of Use, Storm8 grants you a limited, revocable, non-exclusive, non-transferable, nonsublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer to access the Site and solely on a Device to access Storm8's applications, the following: (a) such portions of the Service as are freely accessible from the Storm8 Site or that are, with Storm8's authorization, made freely accessible from third party websites or sources, and (b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis. You may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Storm8 through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred. After you transfer the Service to a new Device, it will be automatically removed from the old Device. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Storm8 or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of Section B above, Storm8 reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with the terms and conditions of these Terms of Use, including without limitation by charging fees for such license.

    F. Service Materials, Ownership, Trademarks and Feedback:
    Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, as between you and Storm8, Storm8 and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. "Service Materials" means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the "look and feel" of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

    You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Storm8 and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Storm8 and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

    The term Storm8, the Storm8 logo and other Storm8, Inc. logos and product and service names are trademarks and service marks of, and are owned by, Storm8. Except as expressly set forth herein, you may not use or display such trademarks in any manner without Storm8's prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Storm8 trademarks or service marks as "metatags" on other websites is prohibited.

    If you provide Storm8 with comments, suggestions or feedback about, or in connection with, the Service (collectively, "Feedback"), you agree that such Feedback shall be the exclusive property of Storm8, and you hereby assign all rights, title and interest in and to such Feedback to Storm8. You agree that unless otherwise prohibited by law, Storm8 may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

    G. User Content:
    The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Storm8 and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, "User Content"). Storm8 has no obligation to accept, display, review, maintain or otherwise exploit any User Content.

    You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Storm8 has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Storm8 makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Storm8 be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.

    Notwithstanding the foregoing, Storm8 reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Use, or other inappropriate user behavior, to Storm8's attention by emailing support@storm8.com.

    H. Your Content:
    User Content that you make available in connection with the Service is referred to herein as "Your Content." You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.

    You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Storm8 incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Storm8 does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

    You hereby grant to Storm8 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Storm8 the right to sublicense and authorize others to exercise any of the rights granted to Storm8 under these Terms of Use. You further perpetually and irrevocably grant Storm8 the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.

    Storm8 has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

    I. Restrictions and Rules of Use:
    As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

    The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

    You agree to not use the Service to transmit, make available or otherwise promote or support:

    (a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;

    (b) any User Content that promotes illegal activity, such as drug use;

    (c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

    (d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;

    (e) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

    (f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;

    (g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user's uninterrupted use and enjoyment of the Service; or

    (h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.
    You further agree not to:

    (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    (ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

    (iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

    (iv) use the Service to harm minors in any way;

    (v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;

    (vi) defraud or mislead Storm8 or other users or otherwise engage in any suspicious activity;

    (vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;

    (viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user's Account for any purpose, including to circumvent a suspension or ban;

    (x) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Storm8 experience to the detriment of fair play; or

    (xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.

    You also agree not to access the Service: (x) by any means other than through the interface that is provided by Storm8 for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

    In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to Storm8 by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., "too long; didn't read") or "First!" posts; (6) post off-topic comments; (7) commit other actions that Storm8 considers, in its sole discretion, to be "flaming," "trolling" or "spamming"; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.

    These rules of use are not meant to be exhaustive, and Storm8 reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action - up to and including termination of your Account and exclusion from further participation in the Services.

    J. Virtual Currency and Goods:
    The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, "Virtual Currency"). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, "Virtual Goods"). Storm8 reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and Storm8 shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Storm8. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

    You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Storm8, any other user of the Service or any other party.

    You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by Storm8 in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Storm8's discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and Storm8 will have no liability to you in connection therewith.

    K. Posting On Other Websites and Linking to the Service:
    Subject to these Terms of Use, Storm8 agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Storm8 may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website (i) is not a commercial competitor of Storm8, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, Storm8, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and does not associate products, services or advertising with such content, and (v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an "Authorized Website"). The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to http://www.storm8.com and (ii) the statement "Copyright Storm8, Inc. All Rights Reserved. Used With Permission." on every page on which the posting appears.

    Storm8 agrees to grant you a non-exclusive, limited license, revocable at Storm8's discretion, for you to link to Storm8's home page from any Authorized Website. You may not display the Service or any portion thereof in frames or "in-line links" without express written permission from Storm8.

    L. Termination:
    These Terms of Use will remain effective until terminated by either party.

    You may terminate these Terms of Use at any time and for any reason by (a) sending an email to support@storm8.com notifying Storm8 of your termination, (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.

    Storm8 may terminate these Terms of Use, your Account and your access to the Service (or, at Storm8's sole option, applicable portions of the Service) at any time and for any reason. Storm8 may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Storm8 is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, Storm8 may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Storm8 suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Storm8; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Storm8, any third parties or the Service itself.

    You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Storm8, you will not be entitled to and Storm8 will not be liable to you or any third party for any refund, reimbursement or other liability. If Storm8 terminates your Account, you may not participate in the Service or any other Storm8 service without Storm8's express written permission. To request permission for post-termination participation in a Storm8 service, email support@storm8.com. Storm8 reserves the right to refuse to keep Accounts for, and provide Storm8 services to, any individual. You shall not allow individuals whose Accounts have been terminated by Storm8 to use your Account.

    M. Disputes With Others:
    You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Storm8 hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Storm8 to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Storm8 access to any password-protected portions of your Account. Storm8 reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.

    N. Disclaimers of Warranties and Damages, Limitations of Liability:
    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND.

    THE STORM8 PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE STORM8 PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

    THE "STORM8 PARTIES" ARE COMPRISED OF STORM8 AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.

    UNDER NO CIRCUMSTANCES SHALL THE STORM8 PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY STORM8 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Storm8 or any other Storm8 Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Storm8's and such Storm8 Party's liability shall be the minimum permitted under such applicable law.

    O. Links to External Locations and Third Party Websites:
    The Service may contain links to third-party websites or resources. You acknowledge and agree that Storm8 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Storm8 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Storm8 may remove any links at any time for any reason or for no reason.

    P. Indemnification:
    You agree to indemnify, defend and hold the Storm8 Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

    Q. Governing Law and Remedies:
    These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in the Northern District of California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Storm8 under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Storm8 for which remedies at law are inadequate. Storm8 shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

    R. Miscellaneous:
    You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.

    Storm8 operates and controls the Service from its offices in the United States. Storm8 makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Storm8 to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

    You agree that no joint venture, partnership, employment or agency relationship exists between you and Storm8 as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and Storm8 with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Storm8. The failure of Storm8 to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without Storm8's prior written consent, but are freely assignable by Storm8. The section headings used herein are for convenience only and shall not be given any legal import. Upon Storm8's request, you will furnish Storm8 any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Storm8 by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section L (Termination), Section M (Disputes with Others), Section N (Disclaimers of Warranties and Damages, Limitations of Liability), Section P (Indemnification), Section Q (Governing Law and Remedies and Section R (Miscellaneous).

    Contact Us:
    For all correspondence, please email us at support@storm8.com.

    © 2009-2012 Storm8, Inc.
    Last edited by forum_admin; 06-29-2013 at 11:53 PM. Reason: Fixed Storm8 Terms of Service

  2. #2
    Administrator
    Join Date
    May 2010
    Posts
    20

    Terms of Service

    TeamLava Terms of Service


    Last modified: November 9th, 2012.

    The following terms and conditions, which include and hereby incorporate the Privacy Policy at http://www.teamlava.com/privacy (collectively, these "Terms of Use") are a binding legal agreement between you and TeamLava, Inc., its subsidiaries and affiliated companies ("TeamLava") that govern your use of (i) the website located at http://www.teamlava.com (the "Site"), including any services, features and content accessible or downloadable from the Site, and (ii) any other TeamLava application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the "Service"). The Service is not intended for use by children under 13 years of age.

    A. Your Acceptance of the Terms of Use:
    Please carefully read these Terms of Use, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use.

    IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

    B. Changes to the Terms of Use and the Service:
    TeamLava reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT TEAMLAVA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

    Except as may be expressly specified otherwise by TeamLava with respect to paid portions of the Service, TeamLava reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

    C. Relationship to Other Agreements:
    Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements ("Third Party Agreements"), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to TeamLava or any aspect of the Service, these Terms of Use will control.

    D. Registration, User Data and Accounts:
    You may register for a user account that enables you to post content to a blog, message board, chat room or other forum (an "Account"). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, TeamLava has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

    Each user of the Service is allowed a maximum of one Account per Device. A "Device" must embed Apple's operating system or the Android operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided in Section E of these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify TeamLava of any unauthorized use of your password or Account or any other breach of security.

    E. Rights to Use the Service:
    Subject to your compliance with these Terms of Use, TeamLava grants you a limited, revocable, non-exclusive, non-transferable, nonsublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer to access the Site and solely on a Device to access TeamLava's applications, the following: (a) such portions of the Service as are freely accessible from the TeamLava Site or that are, with TeamLava's authorization, made freely accessible from third party websites or sources, and (b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis. You may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by TeamLava through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred. After you transfer the Service to a new Device, it will be automatically removed from the old Device. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TeamLava or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of Section B above, TeamLava reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with the terms and conditions of these Terms of Use, including without limitation by charging fees for such license.

    F. Service Materials, Ownership, Trademarks and Feedback:
    Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, as between you and TeamLava, TeamLava and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. "Service Materials" means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the "look and feel" of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

    You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by TeamLava and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by TeamLava and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

    The term TeamLava, the TeamLava logo and other TeamLava, Inc. logos and product and service names are trademarks and service marks of, and are owned by, TeamLava. Except as expressly set forth herein, you may not use or display such trademarks in any manner without TeamLava's prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any TeamLava trademarks or service marks as "metatags" on other websites is prohibited.

    If you provide TeamLava with comments, suggestions or feedback about, or in connection with, the Service (collectively, "Feedback"), you agree that such Feedback shall be the exclusive property of TeamLava, and you hereby assign all rights, title and interest in and to such Feedback to TeamLava. You agree that unless otherwise prohibited by law, TeamLava may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

    G. User Content:
    The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to TeamLava and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, "User Content"). TeamLava has no obligation to accept, display, review, maintain or otherwise exploit any User Content.

    You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. TeamLava has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. TeamLava makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will TeamLava be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.

    Notwithstanding the foregoing, TeamLava reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Use, or other inappropriate user behavior, to TeamLava's attention by emailing support@teamlava.com.

    H. Your Content:
    User Content that you make available in connection with the Service is referred to herein as "Your Content." You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.

    You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without TeamLava incurring any third party obligations or liability arising out of its exercise of such rights and licenses. TeamLava does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

    You hereby grant to TeamLava a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to TeamLava the right to sublicense and authorize others to exercise any of the rights granted to TeamLava under these Terms of Use. You further perpetually and irrevocably grant TeamLava the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.

    TeamLava has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

    I. Restrictions and Rules of Use:
    As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

    The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

    You agree to not use the Service to transmit, make available or otherwise promote or support:

    (a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;

    (b) any User Content that promotes illegal activity, such as drug use;

    (c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

    (d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;

    (e) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

    (f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;

    (g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user's uninterrupted use and enjoyment of the Service; or

    (h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.

    You further agree not to:

    (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    (ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

    (iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

    (iv) use the Service to harm minors in any way;

    (v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;

    (vi) defraud or mislead TeamLava or other users or otherwise engage in any suspicious activity;

    (vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;

    (viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user's Account for any purpose, including to circumvent a suspension or ban;

    (x) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the TeamLava experience to the detriment of fair play; or

    (xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.

    You also agree not to access the Service: (x) by any means other than through the interface that is provided by TeamLava for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or s****er); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

    In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to TeamLava by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., "too long; didn't read") or "First!" posts; (6) post off-topic comments; (7) commit other actions that TeamLava considers, in its sole discretion, to be "flaming," "trolling" or "spamming"; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.

    These rules of use are not meant to be exhaustive, and TeamLava reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action - up to and including termination of your Account and exclusion from further participation in the Services.

    J. Virtual Currency and Goods:
    The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, "Virtual Currency"). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, "Virtual Goods"). TeamLava reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and TeamLava shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by TeamLava. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

    You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to TeamLava, any other user of the Service or any other party.

    You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by TeamLava in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon TeamLava's discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and TeamLava will have no liability to you in connection therewith.

    K. Posting On Other Websites and Linking to the Service:
    Subject to these Terms of Use, TeamLava agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as TeamLava may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website (i) is not a commercial competitor of TeamLava, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, TeamLava, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and does not associate products, services or advertising with such content, and (v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an "Authorized Website"). The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to http://www.teamlava.com and (ii) the statement "Copyright TeamLava, Inc. All Rights Reserved. Used With Permission." on every page on which the posting appears.

    TeamLava agrees to grant you a non-exclusive, limited license, revocable at TeamLava's discretion, for you to link to TeamLava's home page from any Authorized Website. You may not display the Service or any portion thereof in frames or "in-line links" without express written permission from TeamLava.

    L. Termination:
    These Terms of Use will remain effective until terminated by either party.

    You may terminate these Terms of Use at any time and for any reason by (a) sending an email to support@teamlava.com notifying TeamLava of your termination, (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.

    TeamLava may terminate these Terms of Use, your Account and your access to the Service (or, at TeamLava's sole option, applicable portions of the Service) at any time and for any reason. TeamLava may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that TeamLava is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, TeamLava may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if TeamLava suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by TeamLava; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, TeamLava, any third parties or the Service itself.

    You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or TeamLava, you will not be entitled to and TeamLava will not be liable to you or any third party for any refund, reimbursement or other liability. If TeamLava terminates your Account, you may not participate in the Service or any other TeamLava service without TeamLava's express written permission. To request permission for post-termination participation in a TeamLava service, email support@teamlava.com. TeamLava reserves the right to refuse to keep Accounts for, and provide TeamLava services to, any individual. You shall not allow individuals whose Accounts have been terminated by TeamLava to use your Account.

    M. Disputes With Others:
    You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. TeamLava hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with TeamLava to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting TeamLava access to any password-protected portions of your Account. TeamLava reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.

    N. Disclaimers of Warranties and Damages, Limitations of Liability:
    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND.

    THE TEAMLAVA PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE TEAMLAVA PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

    THE "TEAMLAVA PARTIES" ARE COMPRISED OF TEAMLAVA AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.

    UNDER NO CIRCUMSTANCES SHALL THE TEAMLAVA PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TEAMLAVA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that TeamLava or any other TeamLava Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of TeamLava's and such TeamLava Party's liability shall be the minimum permitted under such applicable law.

    O. Links to External Locations and Third Party Websites:
    The Service may contain links to third-party websites or resources. You acknowledge and agree that TeamLava is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TeamLava of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. TeamLava may remove any links at any time for any reason or for no reason.

    P. Indemnification:
    You agree to indemnify, defend and hold the TeamLava Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

    Q. Governing Law and Remedies:
    These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in the Northern District of California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to TeamLava under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to TeamLava for which remedies at law are inadequate. TeamLava shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

    R. Miscellaneous:
    You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.

    TeamLava operates and controls the Service from its offices in the United States. TeamLava makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject TeamLava to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

    You agree that no joint venture, partnership, employment or agency relationship exists between you and TeamLava as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and TeamLava with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by TeamLava. The failure of TeamLava to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without TeamLava's prior written consent, but are freely assignable by TeamLava. The section headings used herein are for convenience only and shall not be given any legal import. Upon TeamLava's request, you will furnish TeamLava any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against TeamLava by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section L (Termination), Section M (Disputes with Others), Section N (Disclaimers of Warranties and Damages, Limitations of Liability), Section P (Indemnification), Section Q (Governing Law and Remedies and Section R (Miscellaneous).

    Contact Us:
    For all correspondence, please email us at support@teamlava.com.

    © 2010-2012 TeamLava, Inc.
    Last edited by forum_admin; 06-29-2013 at 11:58 PM. Reason: Fixed TeamLava Terms of Service

  3. #3
    Administrator
    Join Date
    May 2010
    Posts
    20

    Terms of Service

    FireMocha Terms of Service


    Last modified: November 9th, 2012.

    The following terms and conditions, which include and hereby incorporate the Privacy Policy at http://www.firemocha.com/privacy (collectively, these "Terms of Use") are a binding legal agreement between you and FireMocha, Inc., its subsidiaries and affiliated companies ("FireMocha") that govern your use of (i) the website located at http://www.firemocha.com (the "Site"), including any services, features and content accessible or downloadable from the Site, and (ii) any other FireMocha application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the "Service"). The Service is not intended for use by children under 13 years of age.

    A. Your Acceptance of the Terms of Use:
    Please carefully read these Terms of Use, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use.

    IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

    B. Changes to the Terms of Use and the Service:
    FireM reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT FIREMOCHA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

    Except as may be expressly specified otherwise by FireMocha with respect to paid portions of the Service, FireMocha reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

    C. Relationship to Other Agreements:
    Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements ("Third Party Agreements"), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to FireMocha or any aspect of the Service, these Terms of Use will control.

    D. Registration, User Data and Accounts:
    You may register for a user account that enables you to post content to a blog, message board, chat room or other forum (an "Account"). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, FireMocha has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

    Each user of the Service is allowed a maximum of one Account per Device. A "Device" must embed Apple's operating system or the Android operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided in Section E of these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify FireMocha of any unauthorized use of your password or Account or any other breach of security.

    E. Rights to Use the Service:
    Subject to your compliance with these Terms of Use, FireMocha grants you a limited, revocable, non-exclusive, non-transferable, nonsublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer to access the Site and solely on a Device to access FireMocha's applications, the following: (a) such portions of the Service as are freely accessible from the FireMocha Site or that are, with FireMocha's authorization, made freely accessible from third party websites or sources, and (b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis. You may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by FireMocha through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred. After you transfer the Service to a new Device, it will be automatically removed from the old Device. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FireMocha or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of Section B above, FireMocha reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with the terms and conditions of these Terms of Use, including without limitation by charging fees for such license.

    F. Service Materials, Ownership, Trademarks and Feedback:
    Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, as between you and FireMocha, FireMocha and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. "Service Materials" means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the "look and feel" of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

    You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by FireMocha and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by FireMocha and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

    The term FireMocha, the FireMocha logo and other FireMocha, Inc. logos and product and service names are trademarks and service marks of, and are owned by, FireMocha. Except as expressly set forth herein, you may not use or display such trademarks in any manner without FireMocha's prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any FireMocha trademarks or service marks as "metatags" on other websites is prohibited.

    If you provide FireMocha with comments, suggestions or feedback about, or in connection with, the Service (collectively, "Feedback"), you agree that such Feedback shall be the exclusive property of FireMocha, and you hereby assign all rights, title and interest in and to such Feedback to FireMocha. You agree that unless otherwise prohibited by law, FireMocha may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

    G. User Content:
    The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to FireMocha and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, "User Content"). FireMocha has no obligation to accept, display, review, maintain or otherwise exploit any User Content.

    You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. FireMocha has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. FireMocha makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will FireMocha be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.

    Notwithstanding the foregoing, FireMocha reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Use, or other inappropriate user behavior, to FireMocha's attention by emailing support@firemocha.com.

    H. Your Content:
    User Content that you make available in connection with the Service is referred to herein as "Your Content." You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.

    You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without FireMocha incurring any third party obligations or liability arising out of its exercise of such rights and licenses. FireMocha does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

    You hereby grant to FireMocha a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to FireMocha the right to sublicense and authorize others to exercise any of the rights granted to FireMocha under these Terms of Use. You further perpetually and irrevocably grant FireMocha the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.

    FireMocha has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

    I. Restrictions and Rules of Use:
    As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

    The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

    You agree to not use the Service to transmit, make available or otherwise promote or support:

    (a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;

    (b) any User Content that promotes illegal activity, such as drug use;

    (c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

    (d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;

    (e) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

    (f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;

    (g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user's uninterrupted use and enjoyment of the Service; or

    (h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.

    You further agree not to:

    (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    (ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

    (iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

    (iv) use the Service to harm minors in any way;

    (v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;

    (vi) defraud or mislead FireMocha or other users or otherwise engage in any suspicious activity;

    (vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;

    (viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user's Account for any purpose, including to circumvent a suspension or ban;

    (x) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the FireMocha experience to the detriment of fair play; or

    (xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.

    You also agree not to access the Service: (x) by any means other than through the interface that is provided by FireMocha for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or s****er); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

    In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to FireMocha by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., "too long; didn't read") or "First!" posts; (6) post off-topic comments; (7) commit other actions that FireMocha considers, in its sole discretion, to be "flaming," "trolling" or "spamming"; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.

    These rules of use are not meant to be exhaustive, and FireMocha reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action - up to and including termination of your Account and exclusion from further participation in the Services.

    J. Virtual Currency and Goods:
    The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, ?Virtual Currency?). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, ?Virtual Goods?). FireMocha reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and FireMocha shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by FireMocha. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

    You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to FireMocha, any other user of the Service or any other party.

    You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by FireMocha in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon FireMocha?s discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and FireMocha will have no liability to you in connection therewith.

    K. Posting On Other Websites and Linking to the Service:
    Subject to these Terms of Use, FireMocha agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as FireMocha may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website (i) is not a commercial competitor of FireMocha, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, FireMocha, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and does not associate products, services or advertising with such content, and (v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an ?Authorized Website?). The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to http://www.firemocha.com and (ii) the statement ?Copyright FireMocha, Inc. All Rights Reserved. Used With Permission." on every page on which the posting appears.

    FireMocha agrees to grant you a non-exclusive, limited license, revocable at FireMocha's discretion, for you to link to FireMocha's home page from any Authorized Website. You may not display the Service or any portion thereof in frames or "in-line links" without express written permission from FireMocha.

    L. Termination:
    These Terms of Use will remain effective until terminated by either party.

    You may terminate these Terms of Use at any time and for any reason by (a) sending an email to support@firemocha.com notifying FireMocha of your termination, (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.

    FireMocha may terminate these Terms of Use, your Account and your access to the Service (or, at FireMocha?s sole option, applicable portions of the Service) at any time and for any reason. FireMocha may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that FireMocha is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, FireMocha may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if FireMocha suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by FireMocha; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, FireMocha, any third parties or the Service itself.

    You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or FireMocha, you will not be entitled to and FireMocha will not be liable to you or any third party for any refund, reimbursement or other liability. If FireMocha terminates your Account, you may not participate in the Service or any other FireMocha service without FireMocha?s express written permission. To request permission for post-termination participation in a FireMocha service, email support@firemocha.com. FireMocha reserves the right to refuse to keep Accounts for, and provide FireMocha services to, any individual. You shall not allow individuals whose Accounts have been terminated by FireMocha to use your Account.

    M. Disputes With Others:
    You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. FireMocha hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with FireMocha to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting FireMocha access to any password-protected portions of your Account. FireMocha reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.

    N. Disclaimers of Warranties and Damages, Limitations of Liability:
    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ?AS AVAILABLE? BASIS AND WITHOUT WARRANTY OF ANY KIND.

    THE FIREMOCHA PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FIREMOCHA PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

    THE ?FIREMOCHA PARTIES? ARE COMPRISED OF FIREMOCHA AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.

    UNDER NO CIRCUMSTANCES SHALL THE FIREMOCHA PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FIREMOCHA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that FireMocha or any other FireMocha Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of FireMocha?s and such FireMocha Party?s liability shall be the minimum permitted under such applicable law.

    O. Links to External Locations and Third Party Websites:
    The Service may contain links to third-party websites or resources. You acknowledge and agree that FireMocha is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FireMocha of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. FireMocha may remove any links at any time for any reason or for no reason.

    P. Indemnification:
    You agree to indemnify, defend and hold the FireMocha Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

    Q. Governing Law and Remedies:
    These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in the Northern District of California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to FireMocha under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to FireMocha for which remedies at law are inadequate. FireMocha shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

    R. Miscellaneous:
    You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.

    FireMocha operates and controls the Service from its offices in the United States. FireMocha makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject FireMocha to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

    You agree that no joint venture, partnership, employment or agency relationship exists between you and FireMocha as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and FireMocha with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by FireMocha. The failure of FireMocha to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties? intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without FireMocha's prior written consent, but are freely assignable by FireMocha. The section headings used herein are for convenience only and shall not be given any legal import. Upon FireMocha's request, you will furnish FireMocha any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against FireMocha by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section L (Termination), Section M (Disputes with Others), Section N (Disclaimers of Warranties and Damages, Limitations of Liability), Section P (Indemnification), Section Q (Governing Law and Remedies and Section R (Miscellaneous).

    Contact Us:
    For all correspondence, please email us at support@firemocha.com.

    © 2010-2012 FireMocha, Inc.
    Last edited by forum_admin; 06-30-2013 at 12:22 AM. Reason: Fixed FireMocha Terms of Service

  4. #4
    Administrator
    Join Date
    May 2010
    Posts
    20

    Terms of Service

    Shark Party Terms of Service


    Last modified: November 9th, 2012.


    The following terms and conditions, which include and hereby incorporate the Privacy Policy at http://www.sharkparty.com/privacy (collectively, these "Terms of Use") are a binding legal agreement between you and Shark Party, Inc., its subsidiaries and affiliated companies ("Shark Party") that govern your use of (i) the website located at http://www.sharkparty.com (the "Site"), including any services, features and content accessible or downloadable from the Site, and (ii) any other Shark Party application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the "Service"). The Service is not intended for use by children under 13 years of age.

    A. Your Acceptance of the Terms of Use:
    Please carefully read these Terms of Use, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use.

    IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

    B. Changes to the Terms of Use and the Service:
    Shark Party reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT SHARK PARTY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

    Except as may be expressly specified otherwise by Shark Party with respect to paid portions of the Service, Shark Party reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

    C. Relationship to Other Agreements:
    Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements ("Third Party Agreements"), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to Shark Party or any aspect of the Service, these Terms of Use will control.

    D. Registration, User Data and Accounts:
    You may register for a user account that enables you to post content to a blog, message board, chat room or other forum (an "Account"). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, Shark Party has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

    Each user of the Service is allowed a maximum of one Account per Device. A "Device" must embed Apple's operating system or the Android operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided in Section E of these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Shark Party of any unauthorized use of your password or Account or any other breach of security.

    E. Rights to Use the Service:
    Subject to your compliance with these Terms of Use, Shark Party grants you a limited, revocable, non-exclusive, non-transferable, nonsublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer to access the Site and solely on a Device to access Shark Party's applications, the following: (a) such portions of the Service as are freely accessible from the Shark Party Site or that are, with Shark Party's authorization, made freely accessible from third party websites or sources, and (b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis. You may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Shark Party through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred. After you transfer the Service to a new Device, it will be automatically removed from the old Device. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shark Party or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of Section B above, Shark Party reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with the terms and conditions of these Terms of Use, including without limitation by charging fees for such license.

    F. Service Materials, Ownership, Trademarks and Feedback:
    Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, as between you and Shark Party, Shark Party and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. "Service Materials" means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the "look and feel" of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

    You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Shark Party and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Shark Party and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

    The term Shark Party, the Shark Party logo and other Shark Party, Inc. logos and product and service names are trademarks and service marks of, and are owned by, Shark Party. Except as expressly set forth herein, you may not use or display such trademarks in any manner without Shark Party's prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Shark Party trademarks or service marks as "metatags" on other websites is prohibited.

    If you provide Shark Party with comments, suggestions or feedback about, or in connection with, the Service (collectively, "Feedback"), you agree that such Feedback shall be the exclusive property of Shark Party, and you hereby assign all rights, title and interest in and to such Feedback to Shark Party. You agree that unless otherwise prohibited by law, Shark Party may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

    G. User Content:
    The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Shark Party and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, "User Content"). Shark Party has no obligation to accept, display, review, maintain or otherwise exploit any User Content.

    You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Shark Party has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Shark Party makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Shark Party be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.

    Notwithstanding the foregoing, Shark Party reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Use, or other inappropriate user behavior, to Shark Party's attention by emailing support@sharkparty.com.

    H. Your Content:
    User Content that you make available in connection with the Service is referred to herein as "Your Content." You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
    You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Shark Party incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Shark Party does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

    You hereby grant to Shark Party a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Shark Party the right to sublicense and authorize others to exercise any of the rights granted to Shark Party under these Terms of Use. You further perpetually and irrevocably grant Shark Party the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.

    Shark Party has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

    I. Restrictions and Rules of Use:
    As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

    The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

    You agree to not use the Service to transmit, make available or otherwise promote or support:

    (a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another's privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;

    (b) any User Content that promotes illegal activity, such as drug use;

    (c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

    (d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;

    (e) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

    (f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;

    (g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user's uninterrupted use and enjoyment of the Service; or

    (h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.

    You further agree not to:

    (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    (ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

    (iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

    (iv) use the Service to harm minors in any way;

    (v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;

    (vi) defraud or mislead Shark Party or other users or otherwise engage in any suspicious activity;

    (vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;

    (viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user's Account for any purpose, including to circumvent a suspension or ban;

    (x) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Shark Party experience to the detriment of fair play; or

    (xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.

    You also agree not to access the Service: (x) by any means other than through the interface that is provided by Shark Party for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or s****er); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

    In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to Shark Party by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., "too long; didn't read") or "First!" posts; (6) post off-topic comments; (7) commit other actions that Shark Party considers, in its sole discretion, to be "flaming," "trolling" or "spamming"; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.

    These rules of use are not meant to be exhaustive, and Shark Party reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action - up to and including termination of your Account and exclusion from further participation in the Services.

    J. Virtual Currency and Goods:
    The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, "Virtual Currency"). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, "Virtual Goods"). Shark Party reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and Shark Party shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Shark Party. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

    You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Shark Party, any other user of the Service or any other party.

    You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by Shark Party in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Shark Party's discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and Shark Party will have no liability to you in connection therewith.

    K. Posting On Other Websites and Linking to the Service:
    Subject to these Terms of Use, Shark Party agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Shark Party may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website (i) is not a commercial competitor of Shark Party, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, Shark Party, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and does not associate products, services or advertising with such content, and (v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an "Authorized Website"). The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to http://www.sharkparty.com and (ii) the statement "Copyright Shark Party, Inc. All Rights Reserved. Used With Permission." on every page on which the posting appears.

    Shark Party agrees to grant you a non-exclusive, limited license, revocable at Shark Party's discretion, for you to link to Shark Party's home page from any Authorized Website. You may not display the Service or any portion thereof in frames or "in-line links" without express written permission from Shark Party.

    L. Termination:
    These Terms of Use will remain effective until terminated by either party.

    You may terminate these Terms of Use at any time and for any reason by (a) sending an email to support@sharkparty.com notifying Shark Party of your termination, (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.

    Shark Party may terminate these Terms of Use, your Account and your access to the Service (or, at Shark Party's sole option, applicable portions of the Service) at any time and for any reason. Shark Party may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Shark Party is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, Shark Party may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Shark Party suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Shark Party; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Shark Party, any third parties or the Service itself.

    You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Shark Party, you will not be entitled to and Shark Party will not be liable to you or any third party for any refund, reimbursement or other liability. If Shark Party terminates your Account, you may not participate in the Service or any other Shark Party service without Shark Party's express written permission. To request permission for post-termination participation in a Shark Party service, email support@sharkparty.com. Shark Party reserves the right to refuse to keep Accounts for, and provide Shark Party services to, any individual. You shall not allow individuals whose Accounts have been terminated by Shark Party to use your Account.

    M. Disputes With Others:
    You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Shark Party hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Shark Party to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Shark Party access to any password-protected portions of your Account. Shark Party reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.

    N. Disclaimers of Warranties and Damages, Limitations of Liability:
    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND.

    THE SHARK PARTY PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SHARK PARTY PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

    THE "SHARK PARTY PARTIES" ARE COMPRISED OF SHARK PARTY AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.

    UNDER NO CIRCUMSTANCES SHALL THE SHARK PARTY PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SHARK PARTY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Shark Party or any other Shark Party Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Shark Party's and such Shark Party Party's liability shall be the minimum permitted under such applicable law.

    O. Links to External Locations and Third Party Websites:
    The Service may contain links to third-party websites or resources. You acknowledge and agree that Shark Party is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Shark Party of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Shark Party may remove any links at any time for any reason or for no reason.

    P. Indemnification:
    You agree to indemnify, defend and hold the Shark Party Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

    Q. Governing Law and Remedies:
    These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in the Northern District of California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Shark Party under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Shark Party for which remedies at law are inadequate. Shark Party shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

    R. Miscellaneous:
    You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.

    Shark Party operates and controls the Service from its offices in the United States. Shark Party makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Shark Party to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software or applicable portion of the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

    You agree that no joint venture, partnership, employment or agency relationship exists between you and Shark Party as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and Shark Party with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Shark Party. The failure of Shark Party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without Shark Party's prior written consent, but are freely assignable by Shark Party. The section headings used herein are for convenience only and shall not be given any legal import. Upon Shark Party's request, you will furnish Shark Party any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Shark Party by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section L (Termination), Section M (Disputes with Others), Section N (Disclaimers of Warranties and Damages, Limitations of Liability), Section P (Indemnification), Section Q (Governing Law and Remedies and Section R (Miscellaneous).

    Contact Us:
    For all correspondence, please email us at support@sharkparty.com.

    ? 2010-2012 Shark Party, Inc.
    Last edited by forum_admin; 06-30-2013 at 12:08 AM. Reason: Fixed Shark Party Terms of Service

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