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TERMS OF SERVICE AGREEMENT
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Service Agreement ("Agreement") for agar.games ("Site," "we," "us," or "our"), an Internet website owned and operated by agar.games, Inc. This Agreement governs only the content, features, and activities related to this Site.
This Site is offered and made available only to users thirteen (13) years of age or older. If you are not yet 13 years old or the required greater age for certain features, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age (or other required greater age for certain features, where applicable) and meet any other eligibility requirements of the Site.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and agar.games Inc. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge
The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
1. REGISTRATION AND USE OF PASSWORD
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
We take the protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us immediately.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners. as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. RULES OF CONDUCT
a.) Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may not appear to impersonate anyone else;
affect us adversely or reflect negatively on us, the Site, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing", or encourage other users to copy a message;
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any web site which promotes or teaches these actions;
create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in Communities;
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
b.) In addition, if you choose to use the embedded link function, you agree not to embed a link on or within any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in agar.games sole and absolute discretion. agar.games reserves the right to disable embedded links at any time without notice.
6. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
agar.games hereby grants you the limited right to access, view and use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material (as defined in the agar.games User Submission Agreement), using the embedded link function, placing store orders or for accessing information, Applications (as defined herein) and services. agar.games reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to agar.games. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from agar.games, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
7. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
agar.games may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content listed.
Applications you use or download from the Site may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that agar.games shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties.
8. VIRAL FEATURES
9. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, agar.games, may conduct promotions through the Site, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
10. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site, agar.games.
11. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, your account will remain active. If you wish to discontinue use of the site, you should no longer log into your account.
12. DISCLAIMER AND LIMITATIONS OF LIABILITY THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, agar.games, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY agar.games ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT agar.games OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON agar.games; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO agar.games. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT agar.games SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
You agree to indemnify, defend and hold the Site, agar.games, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
16. INTERNATIONAL USAGE
This Site is controlled and operated by agar.games from its offices within Southern California, United States of America. agar.games makes no representation that the Site, Applications, or related information offered by agar.games are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to agar.games by email to: [email protected]
This Terms of Service Agreement was last modified on 28.06.2018, and is effective immediately.