Terms Of Use & Service
IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE
OF THIS SITE (THE SERVICE), WHICH IS PROVIDED BY OUR COMPANY, PaidPost, INC.. BY
ACCESSING THIS SITE, YOU, THE PLAYER (USER), ARE INDICATING YOUR ACKNOWLEDGMENT
AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE
BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH
CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.
THESE TERMS OF SERVICE APPLY TO ALL USERS WHO ACCESS THIS
SITE, WHETHER ACCESSING COMPANY SERVICES AND/OR GAMES, BY JOINING THE SITE
MEMBERSHIP OR NOT.
Access To This Site
YOU MUST BE THIRTEEN (18) YEARS OR OLDER TO ACCESS THIS
WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO
ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE
OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE
CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING
SO.
To access this site or some of the resources it has to
offer, you may be asked to provide certain registration details or other
information. It is a condition of your use of this site that all the
information you provide on this site will be correct, current, and complete.
If our Company believes the information you provide is not correct,
current, or complete, we have the right to refuse you access to this site or
any of its resources, and to terminate or suspend your access at any time,
without notice.
Warning – Games Are Unrated
Games are unrated and the possibility exists some games may
contain violence, suggestive themes, crude humor, blood, gore, sexual content,
simulated gambling, and/or use of strong language.
Restrictions On Use
You may use this site for purposes expressly permitted by
this site. You may not use this site for any other purpose, including any
commercial purpose, without our Company's express prior written consent.
For example, you may not (and may not authorize any other party to)
(i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to
this site, without the express prior written permission of an authorized
representative of our Company. For purposes of these Terms of Use,
"co-branding" means to display a name, logo, trademark, or other
means of attribution or identification of any party in such a manner as is
reasonably likely to give a user the impression that such other party has the
right to display, publish, or distribute this site or content accessible within
this site. You agree to cooperate with our Company in causing any
unauthorized co-branding, framing or hyper-linking immediately to cease.
User agrees that by opening an account and/or using
Company's service, User consents to the terms and conditions set forth herein,
in this Agreement, including but not limited to the Company privacy policy as
well as all other documents, Web site copy and operating policies, on this Web
site, to include all updates and modifications which may be made from time to
time.
User agrees not to exchange personal information with other
players, as players are not screened by Company, and Company is not responsible
for actions of other players.
Entertainment Only
The Service is intended solely for the User's personal use
for entertainment only and not for gambling or the exchange of money or for anything
of value. You shall not permit another person to use your account.
Game Experience May Change
User agrees that Company reserves the right to change, add
or delete, any and all games, at its sole discretion. During the course of
play, from game to game, or day to day, the User game experience may change,
without notice.
User agrees that Company reserves the right to change how
Player will access the site and games, including but not limited to, Web
browser games, Flash games, Desktop Application Game Client required games, or
a combination of those and other technologies. A user supplied Internet connection
is required for all games. In the event User has paid a fee to access Company
Web site or games, no refunds will be given for any changes in how a User is
required to access games.
User agrees Company reserves the right to suspend,
discontinue, modify, remove or add to Company's Service, in its absolute
discretion, without notice, and Company is not be liable, for any loss that may
result there from. User agrees Company's decisions in relation to any aspect
of a User's account, use of the Service or dispute resolution, is final and
shall not be open to review or appeal.
User agrees that Company reserves the right to delete a
user’s account, in the event user does not log into said account within the
previous sixty (60) days. In the event User has paid a fee to access Company
Web site or games, no refunds will be given for any deleted accounts.
User agrees that Company reserves the right to discontinue
its service and Web site upon posting a thirty (30) day notice, of Company’s
intent to do so, on its Web site. In the event User has paid a fee to access
Company Web site or games, no refunds will be given for any discontinuation of
service.
Automatic Programs and Bots
The use of any automatic program, including but not limited
to robots, bots, auto-players, or software not supplied by Company, is
prohibited in the use of Company's service or games. All actions, including
but not limited to play, by User must be executed personally by User.
Game Client Use
In
the event User is required to download a game client (Software) to play a
Company game, User agrees to the following:
Game
Client Software License Agreement
In
this license agreement (License Agreement), you, the User of the license rights
granted by this Agreement, are referred to as “User, “ "Licensee," or
"You." In accordance with the terms and conditions of this License
Agreement, Company (Licensor) grants Licensee the nonexclusive license to use
the accompanying software (Software) and documentation (Documentation).
All
rights to and in the Licensed Product, including, but not limited to,
copyrights and trade secret rights, belong to Licensor and Licensor holds title
to each copy of the Software. The Software shall only be used on a single
computer at one time. Licensee shall not transfer or distribute the Licensed
Product to others, and this Agreement shall automatically terminate in the
event of such a transfer or distribution. Licensee shall not copy or modify the
Licensed Product, except that Licensee may copy the Software for the sole
purpose of backup as long as all copyright and other notices are reproduced and
included on the backup copy.
Licensee’s account and any
passwords used for Company’s services are for your own individual use only. You
are prohibited from sharing your passwords or use of your account with anyone,
including but not limited to using your account to benefit third parties that
are not members of the program. Company will be entitled to monitor
your password and account. Company reserves the right to terminate your
account, for any cause Company deems is detrimental to Company’s interests,
and to disable and deactivate the program remotely, without notice to you. Company
shall be the sole judge of what cause is sufficient to terminate your
account. In the event User has paid a fee to access Company Web site or games,
no refunds will be given for any accounts so terminated.
You will be responsible for the
security of your password (if any). Company will be entitled to
monitor your password and, at its discretion, require you to change it.
If you use a password that Company considers insecure, Company
will be entitled to require the password to be changed and/or terminate your
account.
You are prohibited from using any
services or facilities provided in connection with this site to compromise
security or tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g., password
guessing programs, cracking tools or network probing tools) is strictly prohibited.
If you become involved in any violation of system security, Company
reserves the right to release your details to system administrators at other
sites in order to assist them in resolving security incidents. Company
reserves the right to investigate suspected violations of these Terms of Use.
Term
This
License Agreement is effective until terminated. Licensee may terminate this
License Agreement by promptly returning the Licensed Product to Licensor.
Licensor may terminate this License Agreement if Licensee breaches any of the
terms and conditions. Upon termination of this License Agreement for any
reason, Licensee shall return the Licensed Product to Licensor and/or delete
all Company products, information, data and code from Licensee’s computer. All
provisions of this Agreement relating to disclaimers of warranties, limitation
of liability, remedies, or damages, and Licensor's proprietary rights shall
survive termination.
Licensee
shall not reverse compile or otherwise reverse engineer the Software.
Game Winnings Have No Value
All references to the game currencies, money denominations, whether
using dollar amounts or other descriptions, are for illustration and
entertainment purposes only. Betting on games, is restricted to entertainment
purposes only, and any game currencies have zero cash value, and can only be
used as "play money."
Violations Of Terms Of Service
User agrees Company shall have the right to take all action
it deems necessary, for User's violation of any of the Company terms of
service, including but not limited to blocking User's access to the Service,
and terminating User's account, including taking legal action against User, all
without recourse or refund, in any manner, to User.
Disputes
User agrees that Company has the final decision in resolving
any disputes that may arise under its services, whether relating to game play
or otherwise. Users are prohibited from making any statements which promote
any third party service or product, except Company's services. Users shall not
make statements about Company or the Company Services that are derogatory,
disparaging or critical of Company.
Proprietary Information
The material and content (hereinafter referred to as the
"Content") accessible from this site, and any other World Wide Web
site owned, operated, licensed, or controlled by our Company is the
proprietary information of our Company or the party that provided the
Content to our Company, and our Company or the party that
provided the Content to our Company retains all right, title, and
interest in the Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or transmitted in any way without
the prior written consent of our Company, unless authorized in writing
elsewhere on our site, or authorized by Content Owner, except that you may
print out a copy of the Content solely for your personal use. In doing so, you
may not remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or legend
appearing on any of the Content. Modification or use of the Content except as
expressly provided in these Terms of Use violates our Company's
intellectual property rights. Neither title nor intellectual property rights
are transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites, or open frames
to other sites, which are not maintained by, or related to, our Company.
Hyper-links or opening frames, to such sites are provided as a service to users
and are not sponsored by or affiliated with this site or our Company.
Our Company has not reviewed any or all of such sites and is not
responsible for the content of those sites. Hyper-links and frames are to be
accessed at the user's own risk, and our Company makes no
representations or warranties about the content, completeness or accuracy of
these hyper-links or the sites hyper-linked to this site. Further, the
inclusion of any hyper-link or frame to a third-party site does not necessarily
imply endorsement by our Company of that site.
Submissions
All games and/or links to games must be submitted by the developer
and/or owner of the game.
In games uploaded or submitted, by the developer and/or
owner, the developer and/or owner, retains all ownership in said game and
grants Company the royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use said game.
In all other content submitted, with the exception of games,
you hereby grant to our Company the royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform, and display all content, remarks, suggestions, ideas, graphics, or
other information communicated to our Company through this site
(together, hereinafter known as the "Submission"), and to incorporate
any Submission in other works in any form, media, or technology now known or
later developed. Our Company will not be required to treat any
Submission as confidential, and may use any Submission in its business
(including without limitation, for products or advertising) without incurring
any liability for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that may appear in
future Company operations.
Our Company will treat any personal information that
you submit through this site in accordance with its Privacy Policy as set forth
on this site.
Copyright Infringement
It is Company policy to fully comply with the terms of the
Digital Millennium Copyright Act of 1998 ("DMCA"), and to remove any
article, item or work, which we are notified infringes upon the copyrights of
any party. We do not knowingly place any infringing items on our servers. To
notify Company of any infringing items, see the Company DMCA statement on this
site.
Disclaimer
You understand that our Company cannot and does not
guarantee or warrant that files available for downloading from the Internet
will be free of viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to
this site for the reconstruction of any lost data. Our Company does not
assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and
should not be used to replace any written reports, statements, or notices
provided by Company. Investors, borrowers, and other persons should use
the Content in the same manner as any other educational medium and should not
rely on the Content to the exclusion of their own professional judgment.
Information obtained by using this site is not exhaustive and does not cover
all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without
warranties of any kind, either expressed or implied. Our Company disclaims all
warranties, including any implied warranties of merchantability, fitness for a
particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT
contained in this site will be uninterrupted or error-free, that defects will
be corrected, or that this site or the server that makes it available are free
of viruses or other harmful components. Our Company does not warrant or
make any representation regarding use, or the result of use, of the content in
terms of accuracy, reliability, or otherwise. The content may include
technical inaccuracies or typographical errors, and Company may make
changes or improvements at any time. You, and not our Company, assume
the entire cost of all necessary servicing, repair or correction IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
CONTENT.
All of the information in this site, whether historical in
nature or forward-looking, speaks only as of the date the information is posted
on this site, and Company does not undertake any obligation to update
such information after it is posted or to remove such information from this
site if it is not, or is no longer, accurate or complete.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES,
EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE
AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE
OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its
subsidiaries, affiliates, licensors, content providers, service providers,
employees, agents, officers, directors, and contractors (hereinafter known as
the "Indemnified Parties") harmless from any breach of these Terms of
Use by you, including any use of Content other than as expressly authorized in
these Terms of Use. You agree that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized use, and you agree
to indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorney's fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of your use of the
information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site
are the property of Company or the party that provided the trademarks,
service marks, and logos to Company. Company and any party that
provided trademarks, service marks, and logos to Company retain all
rights with respect to any of their respective trademarks, service marks, and
logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in
connection with this site any material that:
·
you do not have the right to post, including proprietary material of any
third party;
·
advocates illegal activity or discusses an intent to commit an illegal
act;
·
is vulgar, obscene, pornographic, or indecent;
·
does not pertain directly to this site;
·
threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or offensive;
·
seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
·
infringes any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or trademarks or their rights
of publicity;
·
violates any law or may be considered to violate any law;
·
impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the origin
of the content;
·
advertises any commercial endeavor (e.g., offering for sale products or
services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting goods or
services) except as may be specifically authorized on this site;
·
solicits funds, advertisers or sponsors;
·
includes programs which contain viruses, worms and/or Trojan horses or
any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications;
·
disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which affects the
ability of other people to engage in real time activities via this site;
·
includes MP3 format files;
·
amounts to a 'pyramid' or similar scheme;
·
disobeys any policy or regulations established from time to time
regarding use of this site or any networks connected to this site; or
·
contains hyper-links to other sites that contain content that falls
within the descriptions set forth above.
Although under no obligation to do so, our Company
reserves the right to monitor use of this site to determine compliance with
these Terms of Use, as well the right to remove or refuse any information for
any reason. Notwithstanding these rights, you remain solely responsible for
the content of your submissions. You acknowledge and agree that neither Company
nor any third party that provides Content to Company will assume or have
any liability for any action or inaction by Company or such third party
with respect to any submission.
Security
Any passwords used for this site are for individual use
only. You will be responsible for the security of your password (if any). Company
will be entitled to monitor your password and, at its discretion, require you
to change it. If you use a password that Company considers insecure, Company
will be entitled to require the password to be changed and/or terminate your
account.
You are prohibited from using any services or facilities
provided in connection with this site to compromise security or tamper with
system resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you become involved in any
violation of system security, Company reserves the right to release your
details to system administrators at other sites in order to assist them in
resolving security incidents. Company reserves the right to investigate
suspected violations of these Terms of Use.
Company reserves the right to fully cooperate with
any law enforcement authorities or court order requesting or directing Company
to disclose the identity of anyone posting any e-mail messages, or publishing
or otherwise making available any materials that are believed to violate these
Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT
AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant
to the laws of New Jersey, United States of America, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in New Jersey in connection with any dispute between you
and Company arising out of these Terms of Use or pertaining to the
subject matter hereof. The parties to these Terms of Use each agree that the
exclusive venue for any dispute between the parties arising out of these Terms
of Use or pertaining to the subject matter of these Terms of Use will be in the
state and federal courts in Cedar Grove, New Jersey. If any part of these
Terms of Use is unlawful, void or unenforceable, that part will be deemed
severable and will not affect the validity and enforceability of any remaining
provisions. These Terms of Use constitute the entire agreement among the
parties relating to this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the items to which
they pertain. Company may revise these Terms of Use at any time by
updating this posting.