Evernight New Player Sign-Up
Effective June 1st, 2012
Because we provide you with the ability to exercise your “opt out” rights as described above, we do not provide the names and addresses of third parties that received Personal Information from us for such third parties’ direct marketing purposes.
What Personal Information We Collect from You
Personal Information is information that directly or indirectly identifies a particular individual, such as your name (first and surname together), email address, postal address and/or phone number; visitors purchasing products or services will be required to provide additional information such as a valid credit card number, expiration date and shipping and billing addresses (collectively, "Personal Information”). We do not collect any Personal Information from you unless you provide it to us voluntarily (e.g. through interaction or registration with the Site).
Account Registration and Fee-Based Access
email Newsletters and Friend to Friend Promotions
Typically you need to have an Account in order to receive emails from us, provided that you may receive email communications from us on a one-time basis if you have contacted us directly with regard to a specific request or for email newsletters. You can opt-out of receiving future marketing emails from us by following the directions contained in the email to “unsubscribe.” Also, except in jurisdictions where it may be prohibited by law to do so, the Site or service offerings available thereon may allow you to submit information about other people. For example, we may offer “Send to a Friend” promotions, like electronic postcards available on the Site or through our newsletters. In these situations, you may provide the email address and, sometimes, the name of a friend. After the “Send to a Friend” transaction is completed, that information is deleted. We will not retain the recipient's email address for longer than necessary to complete the transmittal. In our communication to your friend in this circumstance, he or she will also be presented with an opportunity to “opt-out” from receiving future emails from us. You might also submit a person's name and other information if you purchase a gift and want to have it sent directly to the recipient. A record of that transaction will be maintained as allowed and/or required by law.
Sweepstakes, Contests, and Promotions
Online Purchases and Technical Support
When you play any of the games offered and/or served by F12Games, or use any of the communication features on the Site, your internet protocol address (the unique number assigned to your server or internet service provider)(your “IP Address”) from which you access any of the above may be stored in our records. F12Games may track such IP addresses for system administration, to report aggregate information, site tracking, security purposes, or to prevent our servers from being abused.
When any game is updated or “patched,” our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within any game or any other communication feature within the Site (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through our servers, you expressly agree to waive any rights of confidentiality that you may have in and to your communications (if any) when using any of the Site's communication features, you agree you have no expectation of privacy in any of those communications and, accordingly, and where and to the extent permitted by applicable law, you expressly consent to monitoring of communications (including technical support and customer service communications) that you send and receive. When you log in to one of our online games, your system specifications (such as OS, RAM, video card, monitor, system configuration, crash data etc.) may be reviewed/recorded by us for the purposes of analyzing and optimizing your game experience and in order to provide you with customer service.
Consent to Monitor
Please note that, when running, some F12Games may monitor your computer's random access memory (“RAM”), media access control (“MAC”) address, configuration files and system files, etc., for unauthorized third party programs running concurrently with your F12Games game which, in F12Games 's sole determination: (i) enable or facilitate cheating of any type; (ii) allow users to modify or hack the applicable F12Games game interface, environment, and/or experience in any way not expressly authorized by F12Games; or (iii) intercept, “mine” or otherwise collect information from or through the applicable F12Games game (an “Unauthorized Third Party Program”). In the event that a F12Games game detects an Unauthorized Third Party Program, (a) the F12Games game may communicate information back to F12Games, including without limitation your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or details about your computer, and/or (b) F12Games may exercise any or all of its rights and remedies under this Agreement or the applicable F12Games game End User License Agreement without prior notice to the user linked to such Unauthorized Third Party Program.
You acknowledge that any and all character data that is stored and is resident on our servers, and any and all communications that you make within the Site or any F12Games (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents (to the extent permitted by applicable law), you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive. You expressly agree to waive any rights of confidentiality that you may have in and to your communications (if any) when using any of the Site's communication features, you agree you have no expectation of privacy in any of those communications and, accordingly, and you expressly consent to such monitoring of communications (including technical support and customer service communications) that you send and receive.
Resume Submissions and Business Capacity
Indirect Collection of Personal Information
What Non-Personal Information We Collect from You
General, aggregated, demographic, and non-Personal Information may be collected by F12Games. It will not be linked to any of your Personal Information, through cookies or other means, without your consent. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls, etc., but will not be tied to any Personal Information, without your consent. It may also include aggregated anonymous information about website usage and the customer base.
As part of the registration process for some services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning your date of birth, country, entertainment preferences, purchasing habits, and the like. This information is generally optional, but where provided it may be included in your Account profile and you hereby consent to this information being tied to your Personal Information. F12Games requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you. Where F12Games automatically collects non-Personal Information as stated above, and it is possible to link this information to your Personal Information, you hereby consent to F12Games linking relevant non-Personal information to your Personal Information.
Information on Cookies and Related Technology
The Site, and some services and advertisements displayed or made available thereon, may contain “cookies.” Cookies are a feature of your web browser which allow websites to transfer bits of information to your computer for recordkeeping purposes. A cookie stored on your computer can be used to “remember” things such as your password or that you have already registered an Account. This enables us to accelerate your future activities, saving the time that you would otherwise spend entering information such as your registration or password. Technology and tools such as clear gifs (also known as “web beacons”) assist in the delivery of cookies.
Most internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site may not function properly.
How We Use and Share the Information that We Collect from You
How We Use Information that We Collect from You
We may use the Personal Information we collect from you to enable us to:
Information We Provide to Third Parties
Where and to the extent required by the applicable laws, you hereby expressly consent to your Personal Information being shared with or otherwise transferred by F12Games to third parties.
When you have provided Personal Information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request and who we subject to confidentiality requirements. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers. We may also disclose any of your Personal Information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable laws, or, as we deem necessary in our sole discretion, in order to protect the rights, property or safety of F12Games, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any Personal Information contained in the F12Games database for such site, if F12Games or one of its companies assigns all of its rights and obligations regarding the use of your Personal Information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of the Site's assets to a subsequent owner or operator, or similar event.
Information about Links and Third Parties Related to the Site
You have the right to access information held about you by F12Games. Your right of access can be exercised in accordance with applicable data protection and privacy laws.
How You May Access, Change, or Delete the Information You Have Provided to Us
At the time that you provide Personal Information, F12Games may give you the option of declining any future offers or information about new products, promotions or services. In addition, many of the mailings that F12Games may send you, such as newsletters, have procedures within them to cancel the receipt of any future promotional mailings.
Other Important Agreements that Govern Your Use of the Site
Information for Persons Outside the United States
For persons in the European Union (“EU”) as used herein, terms such as “Personal Information” refer to “personal data” as defined by the EU Data Protection Directive and applicable local laws.
Information for California Residents
How Secure Is My Personal Information?
F12Games has made an effort to ensure that all information collected will remain secure and in its original form (i.e. free from any alteration). As such, access to all Personal Information is strictly controlled. When payment information is transmitted, for example, F12Games employs an industry standard security technology known as a secure-socket-layer (“SSL”) encryption. Unless otherwise specified herein or on the Site where you make a purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes. In addition, we will take reasonable steps to assure that third parties to whom we transfer any data will provide sufficient protection of Personal Information.
While F12Games takes reasonable precautions against possible breaches of the Site and customer databases, no website or Internet transmission is completely secure. Consequently, F12Games cannot and does not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur, but we have in place reasonable technical and organizational security measures to protect your Personal Information against accidental or intentional manipulation, loss, destruction, or against unauthorized disclosure or access to the information we collect online. F12Games urges you to take steps to keep your Personal Information safe by memorizing your password or keeping it in a safe place (separate from your Account information), logging out of your user Account, and closing your web browser.
Effective as of June 1st, 2012
Any use, reproduction, modification or distribution of the Site, a Game or the Service not expressly authorized by the terms of the Agreements is expressly prohibited.
1. Grant of a Limited License to Use the Site, Game(s) and Service
Subject to your agreement to and continuing compliance with the Agreements, you may use the Site, Game(s) and/or the Service solely for your own non-commercial entertainment purposes by access through a web browser. You may not use the Site, Game(s) or Service for any other purpose, or using any other method.
2. Additional License Limitations
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service in violation of the License Limitations or the Agreements will be regarded as an infringement of F12Games' rights in and to the Site, a Game and/or the Service. You agree that you will not, under any circumstances:
3. Account Eligibility and Registration
In order to create an Account, you must provide F12Games with certain personal information such as your (i) date of birth and country of residence; (ii) first and last (or sur) name; (iii) e-mail address; (iv) password; (v) secret question and answer; and (vi) in some cases, payment and/or billing information (including your address). You also have the option to select a publicly viewable ‘display name’ to be used when participating in posting content in designated forums. When choosing your display name, DO NOT use personal information (for example, your full name, surname or e-mail address) which could be used to identify who you are.
You can access, edit and update your Account information at any time through the Site’s Account Management feature. It is your responsibility to ensure that all information on your Account is truthful, complete, current and accurate. You may not transfer, share or make available (except, as set forth above, to your minor child) your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Site, a Game or the Service without refund (including any charges whether or not authorized by you).
4. Account Security
You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to: (i) immediately notify F12Games of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you secure your Account and computer from third party access. F12Games will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or be required to change your password from time to time.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions on or through the Internet and personal information stored on our Servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
F12Games owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game, or through the Service. Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to F12Games (collectively, “User Content”) shall be deemed, and shall remain, the property of F12Games and/or its third party providers from the moment of creation. Accordingly, you hereby grant F12Games a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User content.
If you upload or transmit any User Content to the Site or through the Service, including through a Chat feature (defined below), you promise that (i) the material is a file of yours that will not violate any right of or require any compensation to any person or entity, (ii) you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution, and (iii) you are eighteen (18) years of age or older. You understand that once you post or transmit any such content, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against F12Games and release F12Games from any and all liability arising from or related to the submission and F12Games' or any third party’s use or transmission of such content.
All contents, games and other information offered on or through the Site are subject to copyright and trademark protections, as detailed in our Legal Notice.
6. No Ownership Rights in Account
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE F12GAMES PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF F12GAMES. F12Games does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.
7. Virtual Items
F12Games owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in a Game or through the Service. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account or stored on the Service. F12Games does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for “real” money, or exchange those items or currency for value outside of the Game. You acknowledge and agree that all virtual items represent a limited license right governed by the terms of the Agreements and are not redeemable for any sum of money or monetary value from F12Games at any time.
8. Account Suspension/Deletion
The Site is intended for a general audience and is not directed or targeted at children under the age of thirteen (13) or twelve (12) years old, in the United States or Europe respectively. F12Games does not intentionally collect personal information from children of such age.
10. Content Screening and Disclosure
F12Games does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are on the Site, playing a Game or using the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect F12Games' legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
11. Code of Conduct
Your use of a Game is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by F12Games, must be adhered to by all players. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and F12Games reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. F12Games reserves the right to modify this Code of Conduct at any time.
Rules Related to Player Aliases, Character Names, Display Names, and Account Labels
Prior to actual Game play, each user will need to select a character name. When you choose a character name, player alias, or otherwise create a label or display name that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If F12Games finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
Misspelling or use of an alternative spelling to circumvent the name restrictions listed above or utilizing any name option to harass or disrupt another individual or group will result in disciplinary action taken with respect to the offending account(s) and may result in character deletion. Accounts which have characters deleted due to a violation of this policy are not eligible for reimbursement privileges.
Rules Related to "Chat" and Interaction With Other Users
Communicating on the Site, in a Game or through the Service with other users and F12Games representatives, whether by text, voice or any other method, (collectively, “Chat”) is an integral part of the Game and the Service.
You understand that, by using the Chat features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Chat feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not F12Games, are entirely responsible for all content that you transmit. Under no circumstances will F12Games or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including User Content.
When engaging in Chat, you may not:
Rules Related to Game Play
12. Sales Policies
Users of the Site who have an Account may purchase F12Games products and services on the Site or via other online purchase mechanisms as F12Games may offer (the “Store”). Items offered through the Store are for personal use only. We reserve the right to cancel orders that appear to be for commercial or retail use. In the event your order is canceled, we will attempt to notify you using the e-mail address you provided with your order and/or associated with your Account. You hereby agree to receive all notices and records from F12Games in electronic form, and you acknowledge that you will only be entitled to receive notices or records from F12Games in paper form by contacting us directly and making such request.
F12Games' commerce systems use secure socket layer encryption technology when you transmit payment information (e.g. your credit card number) to us. Please be advised that download speeds may vary greatly depending on factors such as your Internet connection and the traffic to our Servers at any particular time.
If you have elected to purchase any Game, product and/or service (including any subscription service) through F12Games' commerce systems, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. You agree to pay all fees incurred by you or anyone using an Account registered to you. You agree to notify F12Games promptly of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to notify F12Games promptly if your credit card expires or is canceled for any reason. After the submission of your order, you will receive an e-mail receipt from F12Games providing details of your purchase. Please print a copy of such e-mail for your records.
If you elect to redeem any promotional code in exchange for any products and/or services, you acknowledge that the applicable promotional code will then be permanently consumed and converted into the purchased product(s) and/or service(s). Unless otherwise specified, the cash value posted on the Store for any product or service being offered for redemption is inclusive of applicable sales taxes.
You may purchase or redeem game time cards which provide you with pre-paid access to F12Games' Game(s) (each sold separately) for a specified subscription period (each a “Game Card”). If we make a Game Card available and you use a Game Card to pay for subscription services through the Store, the Game Card shall enable your subscription service for the period stated on the Game Card and, thereafter, you will either need to provide an additional payment method accepted by F12Games or purchase another Game Card for subsequent subscription periods, or your subscription will be terminated.
F12Games may revise the pricing for the goods and services offered, including without limitation subscription plans for any Game, at any time.
All charges made to your credit card or debits to your account can be viewed by you under the Transaction History section of F12Games' customer Account Management site.
Some Games, content, products and/or services offered on or through the Site or the Service may be offered to you on a fee basis. If you have purchased a subscription-based product or service, each time your subscription comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If you elect to purchase or subscribe to such products and/or services, you warrant that (i) you are the age of majority in your jurisdiction, or, if you are a minor, you have your parent’s permission, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and (iv) that payments will be processed automatically (e.g. charged to your credit card or debited from your account), unless and until you affirmatively cancel the subscription and/or your Account in accordance with its applicable terms. If we are unable to process your credit card or debit your account at a renewal period, your subscription may be terminated immediately and your access to the applicable product or service shall be limited to the use of “free of charge” functions, if any. In the event you cancel your subscription service, F12Games will not refund any fees already paid or owed by you.
ALL SUBSCRIPTION FEES (INCLUDING ANY GAME CARD REDEEMED FOR SUBSCRIPTION SERVICES) ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU AGREE THAT F12GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PRE-PAID TIME WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for purchases of virtual goods or items that are downloadable.
Users may contact F12Games' Customer Service team by e-mail by completing the applicable form found at F12Games' Customer Help site.
The Site and the Service, including any Chat features, may provide, and users may include in messages, links to other web sites or resources. F12Games and its third party providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. F12Games and its third party providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.
14. Fan Fiction, Fan Artwork and Fan Sites
F12Games is pleased to hear from its customers and welcomes your comments regarding its Game(s), Site and Service. Unfortunately, however, F12Games' corporate policy does not permit it to consider or accept creative ideas, suggestions or materials other than those which it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by F12Games' professional staff might seem to others to be similar to their own creative work. Accordingly, we must regretfully ask that you not send us any original creative materials, including game ideas or original artwork.
F12Games hereby grants to each subscriber (in good standing) of a Game, such grant to be revoked automatically as of the moment that the subscriber’s account is no longer in good standing, a limited, personal, non-exclusive, non-transferable, non-assignable and fully-revocable license to use (a) the relevant Game title, and (b) trademarks and copyrighted material from the applicable Game, including names and images of non-player characters (NPCs), deities, monsters, geographical locations, items characters, and background art or screenshots containing any of the foregoing, solely to be used for material (for example, so-called “fan fiction” or “fan artwork”) that such subscriber posts to the Site and/or transmits through Chat features in accordance with this Agreement and for no other use.
Solely in connection with your website or web pages dedicated to the Game(s) that F12Games develops, publishes and/or distributes (each a “Fansite”) and subject to compliance with these Terms, we grant you, on a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable basis, permission to reproduce and redistribute certain Game-related assets or content that F12Games may expressly designate “for fansite use” (“Fansite Content”) on your Fansite. You shall not rent, lease, reproduce, modify or create derivative works of or in any way exploit the Fansite Content, except as expressly permitted herein. If you intend to charge a subscription or access fee for your Fansite, we require you to execute a simple license agreement with us; the limited permission granted here does not cover such circumstances. Fansites which quote from the Site or a Game are requested to limit the quote to a paragraph or less and provide a link back to the Site for the full article or message, rather than reproducing the content in its entirety; permission to link from the Fansite to the Site is granted in such circumstances. You agree to include F12Games' trademark, copyright or other proprietary rights notices as provided on the fansite page for the Game referenced, when displaying Fansite Content. You shall not alter or remove any identifying information or copyright management information conveyed in connection with copies of Fansite Content nor challenge F12Games' (or its licensors’) ownership of the Fansite Content nor use or adopt any trademarks that might be confusingly similar to the F12Games trademarks, or otherwise infringe F12Games' (or its licensors’) intellectual property rights in the Fansite Content in any way. Your ownership in the Fansite excludes the Fansite Content and excludes any derivative works based on the Fansite Content. The Fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code.
F12Games reserves all rights, title and interest in and to the Fansite Content which are not expressly granted herein, including the right in its sole discretion to expressly refuse this permission to any particular Fansite or to revoke this permission at any time. Under no circumstances will F12Games be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission.
15. Notification of Infringement
We respect the intellectual property rights of others and request that visitors to the Site and players of our Game(s) do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act (the “Statute”), F12Games has adopted and implemented a policy respecting the copyright law which provides for the termination in appropriate circumstances of users of a Game, the Site or the Service who are found to be engaging in any infringing activity. F12Games may terminate access for content providers or Chat participants who are found repeatedly to provide or post protected content without necessary rights and permissions.
If you believe that your work has been copied and is accessible on the Site or in a Game in a manner which constitutes copyright infringement, you may notify us by providing our copyright agent (specified below) with the following information, in writing, in the form required by the Statute:
Address of Designated Agent to which Notifications of Claimed Infringement should be sent:
Attention: Legal Department
2519 N McMUllen Booth Rd Suite 510-278
Clearwater, Florida 33761
This e-mail address is intended solely for receipt of legal “Notifications of Claimed Infringement” under the Digital Millennium Copyright Act of 1998, as codified in the Statute. It is not intended for general inquiries and permission requests concerning the use of F12Games content.
You understand that online games, and system specifications necessary to play such games, may continuously evolve over time. Accordingly, F12Games reserves the right to modify and/or increase the system specifications necessary to play any Game at any time and without notice. In such case, you and not F12Games shall be responsible for purchasing any necessary additional software and/or hardware in order to access and play such Game(s).
This Agreement is effective until terminated. You may terminate this Agreement by discontinuing your use of the Site, and affirmatively cancelling all accounts, features or services to which you are subscribed. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. You will continue to incur and be responsible for any recurring subscription fees associated with any Game, feature or service until you have affirmatively terminated each such Game account, feature or service in accordance with all applicable terms and end user license agreement(s). F12Games may terminate this Agreement, and/or temporarily or permanently suspend your access to your Account, a Game and/or the Site, effective immediately, with or without notice, in the event of any conduct by you which F12Games, in its sole discretion, considers to be unacceptable or a violation of its Terms. The provisions of Sections 5, 6, 7 and 18-24 shall survive any termination of this Agreement.
18. Warranty Disclaimer
THE SITE, EACH GAME AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. F12GAMES DOES NOT WARRANT THAT THE SITE, A GAME OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, A GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
19. Limitation of Liability
F12GAMES IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE, GAME(S) OR THE SERVICE OR YOUR INABILITY TO USE THE SITE, GAME(S) OR SERVICE. IN NO EVENT SHALL F12GAMES, ITS SUBSIDIARIES, LICENSORS, AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, IN A GAME OR THROUGH THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “F12GAMES PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SITE, A GAME OR THE SERVICE.
F12GAMES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CHAT FEATURES, BY ANYONE OTHER THAN AUTHORIZED F12Games EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE F12GAMES PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER F12GAMES NOR ANY F12GAMES THIRD PARTY PROVIDER ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, A GAME OR THE SERVICE AND NEITHER F12GAMES NOR ANY THIRD PARTY PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH F12GAMES IS TO STOP USING THE SITE, GAME(S) AND SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
In no event shall F12Games's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to F12Games during the six (6) months immediately prior to the time such claim arose. 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, the liability of F12Games and its affiliates shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS F12GAMES, ITS LICENSORS, AND ITS AND THEIR SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE, A GAME AND/OR THE SERVICE OR ANY BREACH BY YOU OF THE AGREEMENTS OR ANY APPLICABLE LAWS, OR YOUR USE OR DISPLAY ON THE SITE OF ANY CONTENT GENERATED BY YOU.
21. Force Majeure
F12Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of F12Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond F12Games's reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
23. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that F12Games would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that F12Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as F12Games may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 24, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
24. Dispute Resolution and Governing Law
Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.