TERMS OF SERVICE

1. TERMS


By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Herein “the service” or “Octomedia Creative Games”, refers to the Application owned by Octomedia Creative Games.
 

2. USE LICENSE


In no event shall Octomedia Creative Games or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Octomedia Creative Games's Internet site, even if Octomedia Creative Games or a Octomedia Creative Games authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Please refer to our Octomedia Creative Games Privacy Policy. If User does not agree to each and every part of Octomedia Creative Games's Privacy Policy, then you should not use our application or submit any personally identifiable information through this game.

The materials appearing on Octomedia Creative Games's web site could include technical, typographical, or photographic errors. Octomedia Creative Games does not warrant that any of the materials on its web site are accurate, complete, or current. Octomedia Creative Games may make changes to the materials contained on its web site at any time without notice. Octomedia Creative Games does not, however, make any commitment to update the materials.

We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Octomedia Creative Games and hereby agree to indemnify Octomedia Creative Games from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

You agree to defend, indemnify and hold harmless the Octomedia Creative Games Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

Octomedia Creative Games has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Octomedia Creative Games of the site. Use of any such linked web site is at the user's own risk.

You and Octomedia Creative Games both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

Octomedia Creative Games may revise these terms of use for its service at any time without notice. By using this service you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Any claim relating to Octomedia Creative Games's service shall be governed by the laws of the State of Calfornia without regard to its conflict of law provisions.

1. TERMS


By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Herein “the service” or “Octomedia Creative Games”, refers to the Application owned by Octomedia Creative Games.
 

1. Permission is granted to temporarily use the service provided by Octomedia Creative Games for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: 1. modify or copy the service; 2. use the service for any commercial purpose, or for any public display (commercial or non-commercial); 3. attempt to decompile or reverse engineer any software contained on the service or Octomedia Creative Games's web site; 4. remove any copyright or other proprietary notations from the materials; or 5. transfer the service to another person or "mirror" the service on any other server. 2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Octomedia Creative Games at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 3. Octomedia Creative Games reserves the right to discontinue service for its users for any reason.
 

3. USAGE GUIDELINES

1. You will not post content or display images that are hateful, threatening, pornographic, or that contains nudity or extreme violence. 2. You will not bully, intimidate, or harass any user. 3. You will not send or otherwise post unauthorized commercial communications (such as spam). 4. You will not collect users' content, images, or information, using automated means without our permission. 5. You will not disseminate or transmit (or attempt to disseminate or transmit) viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; 6. You will not upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content; 7. You will not engage in unlawful multi-level marketing, such as a pyramid scheme. 8. You will not solicit login information or access an account belonging to someone else. 9. You will not use the service to do anything unlawful, misleading, malicious, or discriminatory. 10. You will not do anything that could disable, overburden, or impair the proper working of the service, such as a denial of service attack. 11. You will not use the service if you are under 13. 12. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms 13. You will not use the service if you are a convicted sex offender. 14. You will not disparage, tarnish, or otherwise harm, in Octomedia Creative Games's opinion, Octomedia Creative Games and/or the Service; 15. You will not violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Octomedia Creative Games on the Service; 16. You will not reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; 17. You will not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"); 18. You will not except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software; 19. You will not cover or obscure any notice, banner or advertisement on the Service; 20. You will not disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service; 21. You will not interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content; 22. You will not participate in cheating or any other activity deemed by Octomedia Creative Games to be in conflict with the spirit or intent of the Service. 23. You will not use the Service to advertise a commercial or non-commercial service, without Octomedia Creative Games's explicit permission. 24. You will not use the Service or encourage others to use the Service to recruit for or promote in any way organizations that are illegal, criminal, pornographic, seditious, hate groups, terrorist organizations, or for organizations such as religious cults. You agree that Octomedia Creative Games has sole discretion to determine what type of organizational recruitment, activity, and promotion is appropriate or inappropriate and that Octomedia Creative Games can disallow such recruitment, promotion, and groups on the Service, up to and including forever banning such offenders and offending groups from the Service.
 

4. DISCLAIMER

1. The materials on Octomedia Creative Games's web site are provided "as is". Octomedia Creative Games makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Octomedia Creative Games does not warrant or make any representations concerning the accuracy, likely results, up-time, or reliability of the service or otherwise relating to such materials or on any sites linked to this site.

2. Octomedia Creative Games does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Octomedia Creative Games specifically disclaims any responsibility with regard thereto.
 

5. LIMITATIONS
In no event shall Octomedia Creative Games or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Octomedia Creative Games's Internet site, even if Octomedia Creative Games or a Octomedia Creative Games authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
 

6. PAYMENTS/GOODS

1. The Service includes a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Octomedia Creative Games for real monetary value if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Octomedia Creative Games for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for real monetary value or other real goods or items from Octomedia Creative Games or any other party. 2. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. 3. Octomedia Creative Games has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Octomedia Creative Games shall have no liability to you or anyone for the exercise of such rights. 4. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Octomedia Creative Games Service and possible legal action. 5. You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Octomedia Creative Games's sole and absolute discretion, or if Octomedia Creative Games discontinues providing the Service.
 

7. PRIVACY AND PROTECTION OF PERSONAL INFORMATION


Please refer to our Octomedia Creative Games Privacy Policy. If User does not agree to each and every part of Octomedia Creative Games's Privacy Policy, then you should not use our application or submit any personally identifiable information through this game.
 

8. USER CONTENT

1. You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Octomedia Creative Games incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. 2. You grant to Octomedia Creative Games the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. 3. Octomedia Creative Games has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Octomedia Creative Games does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf. 4. Octomedia Creative Games has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Octomedia Creative Games may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Octomedia Creative Games reserves the right to treat User Content as content stored at the direction of users for which Octomedia Creative Games will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Octomedia Creative Games's attention. 5. You acknowledge that you do not rely on Octomedia Creative Games to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
 

9. POSTING Octomedia Creative GAME CONTENT EXTERNALLY 

1. You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your account, within the Service and any other materials that Octomedia Creative Games specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to Octomedia Creative Games, (ii) does not criticize or injure Octomedia Creative Games, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of Octomedia Creative Games's rights and remedies are expressly reserved, and Octomedia Creative Games may revoke this limited license, in whole or in part, upon notice. 2. Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site: 1. You must a display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and 2. You agree to include, and not remove or alter, Octomedia Creative Games's trademark, copyright or other proprietary rights notices, as provided by Octomedia Creative Games on the Service and within e-mail page(s), when displaying images from a Octomedia Creative Games game, and you agree to comply with usage guidelines that may be provided by Octomedia Creative Games from time to time. You agree that all goodwill that arises in connection with your use of Octomedia Creative Games's trademarks inures exclusively to Octomedia Creative Games, and you agree not to challenge Octomedia Creative Games's ownership or control of any Octomedia Creative Games trademarks, nor use or adopt any trademarks that might be confusingly similar to such Octomedia Creative Games trademarks.
 

10. REVISIONS AND ERRATA


The materials appearing on Octomedia Creative Games's web site could include technical, typographical, or photographic errors. Octomedia Creative Games does not warrant that any of the materials on its web site are accurate, complete, or current. Octomedia Creative Games may make changes to the materials contained on its web site at any time without notice. Octomedia Creative Games does not, however, make any commitment to update the materials.
 

11. DISPUTES WITH OTHERS


The materials appearing on Octomedia Creative Games's web site could include technical, typographical, or photographic errors. Octomedia Creative Games does not warrant that any of the materials on its web site are accurate, complete, or current. Octomedia Creative Games may make changes to the materials contained on its web site at any time without notice. Octomedia Creative Games does not, however, make any commitment to update the materials.
 

12. DISCLAIMERS: LIMITATIONS; WAIVERS OF LIABILITY 

1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER Octomedia Creative GAMES NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "Octomedia Creative GAMES PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. 2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE Octomedia Creative GAMES PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Octomedia Creative GAMES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Octomedia Creative GAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 3. UNDER NO CIRCUMSTANCES WILL THE Octomedia Creative GAMES PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Octomedia Creative GAMES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
 

13. INDEMNIFICATION


You agree to defend, indemnify and hold harmless the Octomedia Creative Games Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service. 


14. LINKS


Octomedia Creative Games has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Octomedia Creative Games of the site. Use of any such linked web site is at the user's own risk.

 


15. WAIVER/SEVERABILITY

1. The failure of Octomedia Creative Games to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Octomedia Creative Games's right to assert or rely upon any such provision or right in that or any other instance. 2. You and Octomedia Creative Games agree that if any portion of these Terms, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
 

16. INTERNATIONAL

1. Octomedia Creative Games operates and controls the Service from its offices in the United States. Octomedia Creative Games makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Octomedia Creative Games 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. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) 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 (ii) 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, 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. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Termsby destroying all Service-related materials obtained from the Service, Octomedia Creative Games or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Octomedia Creative Games if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Octomedia Creative Games's prior written consent. These Terms contain the entire understanding of you and Octomedia Creative Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Octomedia Creative Games. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. 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. The section headings used herein are for convenience only and shall not be given any legal import. Upon Octomedia Creative Games's request, you will furnish Octomedia Creative Games any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Octomedia Creative Games by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
 

17. STATUTE OF LIMITATIONS


You and Octomedia Creative Games both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
 

18. SITE TERMS OF USE MODIFICATIONS


Octomedia Creative Games may revise these terms of use for its service at any time without notice. By using this service you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
 

19. GOVERNING LAW


Any claim relating to Octomedia Creative Games's service shall be governed by the laws of the State of Calfornia without regard to its conflict of law provisions.

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