Terms & Conditions of Use
User Representations and Warranties
To the extent provided in the Agreements, you represent that your continued payment authorizations through third party payment processors shall remain in effect during the continuation of your Agreements.
You agree not to access (or attempt to access) any of the services available on the Sites (the “Services”) by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, without limitation, use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You acknowledge that the Sites have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Sites are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Sites for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.
The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Sites and related to the Sites and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Copyright Infringement Policy
The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree that you will not engage in any activity that interferes with or disrupts the Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain a distinct advantage on any of our programs. You agree to use and access the Sites exclusively in the manner permitted by the Agreements.
Unless you have been specifically permitted to do so in your Agreements, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Please note that at any time, we may, in our sole discretion, and subject to any limitations contained in the Agreements, terminate our legal agreement with you and deny you use of our Services if:
(A) you have breached any provision of these terms or the terms of your Agreements (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or
(C) any partner or provider with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
(D) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(E) the provision of the Services to you is, in our opinion, no longer commercially viable.
You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
• post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
• post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on or on any other public site on the web
• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or the access to or functionality of the Sites
• violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
• attempt to obtain passwords or other private information from other members
• improperly use support channels or complaint buttons to make false reports to the Company
• develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
• exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage
• violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services
Accounts are non-transferable and are void if a transfer is attempted, and rewards may not be bartered or sold. Accounts are not transferable upon death, bankruptcy, domestic relations matter or other involuntary transfer or otherwise by operation of law.
If you violate the Terms, the Company reserves the right in its sole discretion to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that the Company need not provide you notice before terminating or suspending your account(s), but it may do so at any time. Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of the Company, including but not limited to ™ virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law.
Subject to the terms of the Agreements, the Company reserves the right to refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
Disclaimer of Warranties; Limitation of Liability; Indemnification
You agree that your use of the Services shall be at your sole risk. To the maximum extent permitted by law and unless restricted or prohibited by law, and pursuant to the terms of the Agreements, the Company, its officers, managers, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Services, the Sites and your use thereof including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Subject to the provisions of the Agreements, the Company makes no warranties, conditions or representations about the accuracy or completeness of the content of the Services of the content of any sites linked to the Services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
Subject to your rights under the Agreements, and to the maximum extent permitted by law, and unless restricted or prohibited by law, in no event will the Company, its directors, managers, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Sites, the Services or other materials or content on, accessed through or downloaded from the Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Sometimes when you use our Services, you may use a service provided by another person or company, including without limitation, payment processing services. Your use of these other services may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.
You agree that we are not responsible for the loss of virtual currency or any points, prizes, awards or credits, regardless of monetary value, in the event there is any data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber attack or other events which make it commercially unreasonable for us to determine the value of any account or accounts.
You represent that the services you obtain from the Company, under the Agreements and the Sites are not for personal, home or consumer uses.
The Sites are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access Sites from a location outside of the United States, you are responsible for compliance with all local laws.
The Company’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms 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 remain in full force and effect.
The parties hereto confirm that it is their wish that these Terms and Conditions, as well as all other documents relating hereto have been and shall be drawn up in the English language only.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS WEBSITE.
Non-Personally Identifiable Information: We may track the Internet Protocol (IP) address which you use to visit this website and analyze this data for trends and statistics, but you will remain anonymous unless you voluntarily provide us with your personally identifiable information. We may use and share this anonymous data for any purpose including sharing statistical information with current and potential advertisers.
Collection, Use and Sharing of Personally Identifiable Information: We may collect, use and share your personally identifiable information for any lawful purpose, including the purposes set forth in the _____ Agreement and for the processing of payments and collections, whether or not through third party providers.
To access some areas of this website you may be required to first register. Such registration will require you to provide personally identifying information. Whether or not you choose to provide the information we request is entirely up to you. If you choose not to provide the information which we request, you may be unable to access certain areas of this website.
If you choose to provide information to us, whether or not through this site, you may be asked to provide your personal information that may include your name, address, telephone number, e-mail address, and other identifying information. We may share the personal information which you provide with our third party processing agents, affiliates and advertisers.
We may use the personal information which you provide to send you information, either online or offline, via email, direct mail, SMS text messaging and telemarketing, regarding products or services offered by third-party advertisers. In addition, we reserve the right to rent, sell or share the personal information which you provide with unaffiliated third-parties; these third-parties may use this information for online and offline marketing purposes.
By signing up on or utilizing our website and providing your personal information you are expressly consenting to receive communications from us and from anyone that we may provide with your personal information. In addition, you expressly consent to be contacted in any manner including via email, direct mail, telephone or SMS text messaging, even if your information is listed on the US National Do Not Call registry or a similar registry. If you do not agree to these terms than do not use our site.
Finally, we may provide your personally identifiable information in accordance with the law, such as in response to a subpoena, warrant or other governmental request; if we believe it is necessary to protect our rights or the rights of any third party; in the event of a sale, merger, or acquisition; or if you consent to such disclosure.
Third-Party Hosting: We may contract with a third party to maintain and host the Website and to store data collected on the site. Therefore any information you submit, including personal and/or continuing payment method information, including automatic payment authorizations, may be placed and stored on a computer server maintained by a third-party host. You agree that Company is not liable for any breach of security due to the actions or inactions of the third-party host.
Security: This Website has security measures in place to protect the loss, misuse, and alteration of the information under our control.