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THREE SCREEN GAMES, INC. TERMS AND CONDITIONS OF WEB SITE USE Effective as of July 2009 1. The Site. This web site (the “Site”) is owned by Three Screen Games, Inc. (“TSG”) and provides users with social online gaming products and services (the “Service”). BY CHECKING THE “I AGREE” BOX OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, THE USER (“YOU” or “USER”) EXPRESSLY AGREES AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CHECK THE “I DO NOT AGREE” BOX AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS. 2. Uses of the Site. The information on the Site is intended as a convenience and a service for TSG’s patrons. You agree to abide by all rules associated with the Site as may be modified, changed or amended by TSG from time to time. TSG may deny you access to the Site if you fail to comply with any rules associated with the Site. All content on the Site may be changed, added, removed or updated at any time; however, TSG is under no obligation to do so. The copying, framing, mirroring, scraping or data-mining of the Site or any of its contents in any form or by any method is strictly prohibited. Access to the Site does not grant you any right, license or privilege to reproduce, publish or use any material on the Site or any property of TSG except as expressly set forth herein. Any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other materials you transmit to TSG through e-mail or the Site will become TSG’s property and may be used by TSG at any time and for any purpose, without restriction, unless otherwise agreed by TSG. The Service is intended solely for the User’s personal use. 3. Fake Gambling. You agree that TSG is an online gaming experience with simulated gambling components and is not provided to its Users for means of actual gambling. By accessing the Services, you agree that you will not gamble with your own money or property through the use of the Site. 4. Player Eligibility. a. Registration. To register on the Site and become a member, you must complete the registration process described within the Site and affirmatively accept these terms of use, including, without limitation, the privacy policy contained herein. Each time you use the Site, you represent and warrant to TSG that (i) your access to the Site and your participation in the gaming offerings provided therein are legal in your applicable jurisdiction, (ii) the e-mail address submitted by you is owned or controlled by you, and (iii) all information you provide is true, accurate, current and complete. All such representations and warranties are and will be relied upon by TSG as a condition to your access to and use of the Site and the Services. By applying for registration, you authorize TSG to make any and all inquiries as TSG in its sole discretion considers necessary to verify the information provided by you. TSG may require you to submit such proof of age, identity and place of residence as it may require from time to time. TSG reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update any information provided by in order to keep it true, accurate and complete in all respects. b. Compliance with Laws. You are and at all times shall be subject to the laws of the country, state, city or other legal entity (collectively “Jurisdiction”) in which you reside and/or from which you access the Site. Access to the Site may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction, and TSG does not make any representation or warranty, express or implied, as to the lawfulness of your participation in its gaming offerings, or that materials on the Site are appropriate for use in your Jurisdiction. TSG does not intend that the Site be used by persons present in Jurisdictions in which the playing of its gaming offerings for free or entering sweepstakes may be prohibited or restricted. You agree that the Site does not constitute an offer, solicitation or invitation by TSG for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. TSG further reserves the right to require you to provide proof that you are eligible to participate and win prizes prior to payment of any winnings or prizes. Proof of eligibility includes, but is not limited to, a copy of a valid government issued identification and proof of address. TSG also reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant for any reason. 5. Fraudulent Behavior or Misconduct. In the event that TSG deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, including, without limitation, engaging in any game manipulation, the making of any fraudulent payment, the use of a stolen credit card or fraudulent chargeback or money laundering, the harassment of other users of the Site, or the interference with or abuse of the Site or its features, TSG shall be entitled to take such action as it sees fit, including, without limitation, immediately blocking access to the Service, terminating the User’s account, disclosing any necessary information (including the identity of the User) to relevant authorities or any other person or entity that has the legal right to such information, or taking legal action against the User. 6. Security and Your Account. Each User account shall be accessible through the use of a combination of a unique user identification (“User ID”), a unique and secret password (“Password”), and such other authentication methods TSG may require. The User ID, the Password and any other authentication features are collectively referred to herein as the “Login Credentials”. The User agrees that he or she is solely responsible for all use of the Service under his or her Login Credentials and that he or she shall not disclose the Login Credentials to any third party. The User is obligated to keep his or her Login Credentials secret and confidential at all times and to take all efforts to protect such secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and shall be deemed as his or her use thereof unless otherwise determined by TSG in its sole discretion. Any liability arising from the use of the Login Credentials shall be the sole responsibility of the User. 7. Disclaimers. While TSG will endeavor to ensure that the information supplied on the Site is true, complete and accurate, TSG expressly disclaims any and all responsibility or liability for any untrue, incomplete or inaccurate information provided on the Site. TSG further disclaims that the Site is compatible with any computer systems or browsers and that the Site is virus-free. THE SITE (AND ALL MATERIALS AND INFORMATION PROVIDED THEREON) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. 8. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TSG OR OTHER RELATED PARTIES MENTIONED IN, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SITE (OR THE MATERIALS OR CONTENT CONTAINED ON THE SITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. TSG SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND THE SITE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TSG AND ITS AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND DIRECTORS, FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING FROM SUCH USE. 9. Third-Party Sites. As a convenience to you, TSG may provide links on the Site to web sites owned or operated by other entities or persons. If you use these web sites, you do so at your own risk. TSG make no representations or warranties regarding, and shall not be liable or responsible for, any linked web sites, your use of such sites, or the comprehensiveness or accuracy of information or materials appearing thereon or any products, publications, subject matter or services described thereon. Furthermore, links do not imply that TSG sponsors, endorses or is affiliated or associated with such sites, or that any linked web site is authorized to use any trademark, trade name, logo or copyright of TSG. 10. Ownership and Copyright. The trademarks, trade names and corporate logo displayed on the Site are the property of TSG. The Site may contain information and materials including, without limitation, text, software, photos, video, graphics, audio, images or files incorporated in or generated by the software and data accompanying the software (collectively, the “Materials”) which are derived in whole or in part from information and materials supplied by TSG or other third parties. Such Materials may be protected by domestic or international copyright laws, trademark laws and other applicable laws. The Materials may not be modified, copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, except that you may view and print the Materials, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and you acknowledge that you do not acquire any license, ownership or other rights to the Materials or any other intellectual property or proprietary information contained on the Site. The use of any such Materials on any other web site without TSG’s express written consent is prohibited. 11. Miscellaneous. a. Waivers. No waiver by TSG of any breach of any provision herein (including, without limitation, the failure of TSG to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision herein. b. Third Party Beneficiaries. Nothing herein shall create or confer any rights or other benefits in favor of any third party. c. Relationship. Nothing herein shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and TSG. d. Entire Agreement. The terms herein constitute the entire agreement between you and TSG with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and TSG with respect to the Site. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. |
