Last Modified: May 15, 2015
AGREEMENT AND SERVICES
IF YOU ARE NOT CONSIDERED TO BE A RESIDENT OF THE UNITED STATES OF AMERICA ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND IMOOGI ENTERPRISES, LLC. AND/OR AVATAR PR.
IF YOU ARE CONSIDERED TO BE A RESIDENT OF THE UNITED STATES OF AMERICA ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND IMOOGI ENTERPRISES, LLC, BUCKS COUNTY PENNSYLVANIA AND AVATAR PR OF ST. LOUIS MISSOURI.
If you create a account within any Offering, you must provide truthful and accurate information to us in creating such account. If the Avviliates have reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, they may suspend or terminate your ability to use or access an Offering, and refuse any and all current or future use of or access to any or all Offerings (or any portion thereof). All offerings require all users to be over the age of eighteen (18).
These Affiliates reserve the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access an Offering, send e-mails or electronically chat with the Affiliates, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Offerings. You agree that all agreements, notices, disclosures and other communications that the Affiliates provide to you electronically satisfy any legal requirement that such communications be in writing.
Certain Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs (“virtual items”) that can be used while playing or interacting with the Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within an Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.
You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
The Affiliates may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and the Affiliates will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Offering account is terminated or suspended for any reason, in the Affiliate’s sole discretion, or if the Affiliates discontinue any Offering or any portion or feature of any Offering.
SOCIAL NETWORK SITES
If you access an Offering via a third party social networking site (a “Social Game”), you should be aware that Social Games and Community are only available to individuals who have registered with the social networking site through which s/he accesses Social Games and Community. You agree that your social networking site account information is accurate, current and complete.
If an Affiliate has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, the Affiliate may suspend or terminate your ability to use or access Social Games and Community and refuse any and all current or future use of or access to Social Games and Community (or any portion thereof).
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. The Affiliates do not endorse, approve, or pre-screen any content that you or other users post or communicate on or through any Offering. The Affiliates do not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Offerings. You agree to indemnify the Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Offerings.
- Posting, transmitting, promoting, or distributing any content that is illegal
- Harassing or threatening any other user of an Offering or any employee or contractor of the Affiliates
- Impersonating another person, indicating that you are an employee of any of the Affiliates or a representative of the Affiliates (if you are not), or attempting to mislead users by indicating that you represent the Affiliates in any way
- Attempting to obtain a password, other account information, or other private information from any other user of an Offering
- Uploading any software, files, photos, images or any other content to an Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Offering without the correct user level account for said content.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
- Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Affiliate representatives.
- Posting or communicating any player’s real-world personal information within an Offering or by or through an Offering or any related bulletin board.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses an Offering, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within an Offering, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any Offering security feature or any feature that restricts or enforces limitations on use of or access to an Offering.
- Attempting to sell any part of an Offering, including, without limitation, any virtual items (if applicable), accounts and access to them in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that the Affiliates deem to be in conflict with the spirit of an Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Offerings (other than with respect to the information you provide to us in establishing your account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Offering may be seen and used by others and may result in unsolicited communications. The Affiliates are not liable for any information that you choose to submit or communicate to other users on or through any Offerings, or for the actions of any other users of any Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify the Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant the Affiliates permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through an Offering, you expressly grant the Affiliates the complete, worldwide, fully sub-licensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Offerings without having the correct user level account, or otherwise exploit your participation on or through any Offerings for any commercial purpose without said commercial level account.
When you post a review, we will display your rating of the Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within an Offering that are not owned by the Affiliates are “third party content and services”. The Affiliates act merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. The Affiliates do not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
TERMINATION OF ANY ACCOUNT
The Affiliates reserve the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before the Affiliates may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your account is terminated or suspended for any reason, in the Affiliate’s sole discretion, or if the Affiliates discontinue any Offering that includes virtual items.
INTELLECTUAL PROPERTY RIGHTS
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY OFFERING, SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL OFFERINGS AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AFFILIATES DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE OFFERINGS OR SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE OFFERINGS, SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM THE AFFILIATES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE AFFILIATES IS TO STOP USING THE OFFERINGS AND SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT THE AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN AN OFFERING BY, ANY OFFERING USER. IN NO EVENT SHALL THE AFFILIATES OR THEIR EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE AFFILIATES FOR YOUR PARTICIPATION IN ANY OFFERING. IN NO CASE SHALL THE AFFILIATES OR THEIR EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OFFERING OR SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE AFFILIATES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AFFILIATES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING OFFERINGS AND SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM or TShirt) through any Offering for delivery outside the United States, you are considered an importer and, as between you and the Affiliates, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
EXPORT CONTROL LAWS
Certain Offerings may be subject to United States and international export controls. By accessing Offerings, you warrant that you are not located in any country, or exporting any Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW AND JURISDICTION
STATUTE OF LIMITATIONS
iMoogi Enterprises, LLC.
Attn: Legal Department
WeMarketThings [at] gmail.com
Attn: Legal Department
WeMarketThings [at] gmail.com
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Offering in a way that may constitute copyright infringement, you may provide notice of your claim to the Affiliate’s Designated Agent listed below. For your notice to be effective, it must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Offering;
(iv) Information reasonably sufficient to permit the Affiliates to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vii) The Affiliate’s Designated Agent is:
Avatar PR, Scorpinosis Nightfire
Attn: Legal Department
WeMarketThings [at] gmail.com