Term of Service
Last Updated August 19, 2009
“games2be” is a personal online service operated by games2be GmbH which consists of, among other things, software that you have downloaded or are about to download, any software that you have embedded on a web site or are about to embed (“games2be Games”) games2be Site games2be is the owner and operator of websites located at http://www.games2be.com and elsewhere on the internet where this Agreement appears, and linked pages or applications, and the mobile version thereof, if any (collectively, including all web sites owned by games2be, the. “games2be Service” games2be is also the provider of the services which are available to You though games2be, including Widgets and Applications, such as Games and any other applications created by games2be and available through social networking sites (Including premium applications for which we impose a charge, “SNS Apps”). The availability of any SNS Apps on a social networking site does not indicate any relationship or affiliation between games2be and such social networking site. “games2be Software” describes all the applications by games2be including all of the related content used in these applications. (code, fonts, texts, graphics, sounds) “SNS Apps” includes any applications created by games2be and available through social networking sites. “games2be Software” any software running on games2be’s servers including games2be Games. “Service” Service includes SNS Apps, games2be Software, games2be Games, content, related documentation, information on the games2be domain, and information made available by users to each other through the games2be Software.
1. Eligibility Criteria and Representations. You hereby represent that the following are all true:
1.1 You are at least 13 years old, and if You are less than 18 years old, You must obtain the permission of Your parents or legal guardian to use the games2be Service. (Please be aware that games2be may create certain areas on the games2be Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If You are less than 13 years old, please discontinue using the games2be Site and the games2be Services immediately.
1.2 You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and
1.3 You have the right to display each and every item of content which You have released through the games2be Service, Including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon. Your sharing of content constitutes permission for reproduction/printing of such content by any recipient for his or her personal use and by games2be solely to provide the games2be Service to You and others, to market the games2be Service and/or the games2be Site, and to illustrate the operation of the games2be Service and/or the games2be Site. You understand that the games2be Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media. See also, discussion of certain other User Created Content in Section 6 below.
2. License Grant by games2be.
2.1 LICENSE. Subject to the terms of this Agreement, games2be hereby grants You a limited, non-sub-licensable, non-transferable, nonexclusive license to use the software that You have downloaded or are about to download, any software that You have embedded or about to embed games2be Software on third party websites. You may (and in fact are encouraged to) download, install and/or use the games2be Software on a single computer or on a website that is operated and maintained by You, or by someone else. Regardless of the policies of any other such website, you are responsible for ensuring compliance with these terms. As between You and games2be, title, ownership rights, and intellectual property rights in and to the games2be Software, and any copies or portions thereof, shall remain in games2be and its suppliers or licensors. You understand that games2be may modify or discontinue offering the games2be Software or any feature thereof at any time.
2.2 SUPPORT AND UPGRADES. This Agreement does not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the games2be Software (collectively, “Updates”). games2be, however, may occasionally provide automatic Updates to the games2be Software at its sole discretion (and without any advanced notification to You). Any such Updates for the games2be Software shall become part of the games2be Software and subject to this Agreement.
3. Your Obligations. In exchange for Your being able to use the games2be Software, the games2be Services and/or the games2be Site, You agree to be bound by the following obligations:
3.1.1 If You choose to register with games2be, You will provide us with an email address You own and use, a password and a username (“User ID”). You shall be solely responsible for maintaining the confidentiality of Your password. You will also update Your registration information on the games2be Site from time to time so that it remains true, correct and complete. Even if you choose to create an anonymous account, You are still agreeing to all of the terms and conditions of this Agreement.
3.1.2 You may not:
18.104.22.168. use a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
22.214.171.124 use as a User ID a name subject to any rights of a person other than Yourself without appropriate authorization; or
126.96.36.199. otherwise submit false or misleading information to games2be.
3.2. Prohibited Content. You may not (and will not allow any third party to) post or link to any material or content which:
3.2.1. is sexually explicit, profane, libelous, defamatory, obscene, or otherwise violative of any law (each a “Prohibited Posting”), or
3.2.2. constitutes an infringement, misappropriation or violation of the intellectual property, publicity or other proprietary rights of any person or entity (each, an “Infringing Posting”).
3.3 No Changes to the Software/Prohibited Uses. You may not and may not allow any third party to:
3.3.1. modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the games2be Software or any portion of the games2be Site or the games2be Service (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
3.3.2. copy or distribute the games2be Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), provided, however, that You may (and are encouraged to) Include any number of games2be Software on your website or webpage and any number of SNS Apps on your social networking pages.
3.3.3. rent, lease, use the games2be Software for timesharing or service bureau purposes, or otherwise obtain a commercial benefit from the games2be Software.
3.3.4. use the games2be Software in any manner that could damage, disable, overburden, or impair the games2be Service or another user’s use of the games2be Service;
3.3.5. remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices (“Notices“) contained in or on the games2be Site, games2be Service, games2be code embeddable or embedded on a third party web site and/or the games2be Software and You shall reproduce such Notices exactly on all permitted copies of the games2be Software;
3.3.6. collect any information about other users or members (including usernames and/or email addresses) for any purpose;
3.3.7. create user accounts by automated means or under false or fraudulent pretenses;
3.3.8. create or transmit unwanted electronic communications such as “spam,” to other users or members of the games2be Site and/or games2be Service or otherwise interfere with other users’ or members’ enjoyment of the games2be Site and/or games2be Service;
3.3.9. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by games2be;
3.3.10. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
3.3.11. use the games2be Site or games2be Services to violate the security of any computer network or transfer or store illegal material.
3.4.1. While playing our games, you will have the opportunity to visit our website and use cash to purchase a variety of virtual credits that can be used while playing games. In order to purchase the credits, you may be required to provide us or another payment service designated by us (e.g., Offerpal, PayPal, Zong) with your credit card information or other information related to your payment transaction (e.g., your mobile/phone number, your billing and shipping address on record with the applicable credit card company, your credit card expiration date, etc.). For each “real world” cash that you authorize us to charge to you, you will be awarded a certain number of credits; provided, however, that we reserve the right in our sole discretion at any time to change the number of units you will be entitled to for each “real world” cash.
3.4.2. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOU FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE CREDIT SHOP AND/OR THE DISCONTINUATION OF THE SERVICE.
3.4.3. A credit balance for games2be Credit in your user account expires 180 days after the last chargeable use of that games2be credit. Credit balances that are not used within this 180 day period will be lost.
4. Indemnity. You agree to indemnify and hold games2be (and any employee, officer, director or affiliate of games2be) harmless (including costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of Your access to or use of the games2be Site or Service, the violation of this Agreement by You, the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, or for any content posted through the games2be Service by you (including claims related to defamation, invasion of privacy, or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim You may have against games2be or any games2be Person. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the games2be Software or the games2be Service.
5. Rights of games2be/Exculpation of games2be. By using the games2be Software, the games2be Service and/or the games2be Site, You acknowledge and agree,
5.1. games2be(i) has the right to use content (x) uploaded by You or (y) otherwise included by You in content available though the games2be Service, to provide the games2be Service to You and others, to market the games2be Service and/or the games2be Site, to illustrate the operation of the games2be Service and/or the games2be Site, and (ii) claims an exclusive license (including, among other things, the right to make derivative works in the case of certain content submitted by you (see discussion in Section 6, below). Other than as provided in the foregoing sentence, games2be does not claim any copyright or other ownership in any material or content uploaded by You through the games2be Site simply because You have uploaded it through the games2be Service. You are solely responsible for protecting your own content from loss.
5.2. games2be also has the right to allow other users to make derivative works of Your content solely for display through the games2be Service. If you do not wish to allow such derivative works to be made from your content, then you must keep that content private and not publish it on social networking sites for the general public to see (and even then, people whom you allow to see your content may make such derivative works).
5.3. games2be has the right to refuse registration of, or cancel Your user account and/or User ID in its discretion for any reason or for no reason. Any content that has been uploaded through the games2be Service may be deleted at any time without notice to You.
5.5. games2be and its licensors own and retain all proprietary rights in the games2be Site, the games2be Service, and all associated software, content and material. The games2be Site and the games2be Service are protected by copyright as collective works and/or compilations, pursuant to Swiss copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the content, software, and/or materials available through the games2be Site or games2be Service in whole or in part without the express written agreement of games2be. Except as expressly provided herein, games2be and its suppliers do not grant You any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights. If You submit any ideas regarding products or services (other than certain content discussed below in Section 6), such ideas automatically become the property of games2be, and You automatically forfeit Your right to the intellectual property of these ideas.
5.6. games2be has no responsibility for the statements in any message, content or other material posted on or through the games2be Site by any user. If games2be receives notice that an item on the games2be Site is an Infringing Posting or a Prohibited Posting, it will use such efforts as it, in its sole discretion, believes are reasonable, to determine whether such item is an Infringing Posting or a Prohibited Posting (which determination may take into account whether such content is available to the public generally, or offered only through SNS Apps), and if it is, to remove all or a portion of such items. You acknowledge, however, that this is a manual process and that games2be cannot evaluate or remove such items immediately. games2be HAS NO OBLIGATION TO ACCEPT OR DISPLAY ANY CONTENT, AND CONTENT UPLOADED BY YOU MAY BE DELETED BY games2be FOR ANY REASON OR FOR NO REASON AT ALL.
5.7. If You believe that any material on the games2be Site or offered through the games2be Service constitutes an Infringing Posting or a Prohibited Posting, please notify games2be as soon as possible by sending an email to email@example.com , or by mailing a letter to: ABUSE, games2be GmbH, Im Feld 1, 8965 Berikon, Switzerland. Please also see our Copyright Policy.
5.8. games2be is exempt from liability to any person for any claim based upon its good faith disabling of access to or removal of any content, including material it believes, in its sole discretion to be an Infringing Posting or a Prohibited Posting, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited. By using the games2be Service, You agree that notice to You through an email to the email address You provided in Your profile constitutes reasonable efforts to notify You of any removal or disabling if such notice is required, and if you have created an anonymous account, you waive the right to notice, if any is required.
5.9. games2be reserves the right to reveal Your identity (or whatever information we know about You) in the event of a complaint or legal action arising from any message or other content posted by You or where such information is otherwise relevant. games2be may log all internet protocol addresses accessing the games2be Site and other information about users’ access, and maintain backup copies of content indefinitely.
5.11. games2be uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information uploaded to the games2be Site or collected by games2be in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party “hackers” from illegally accessing our site and obtaining access to content or information thereon.
5.12. The games2be Site, games2be Software or games2be Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
5.13. The games2be Site, games2be Software or games2be Service may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the games2be Site, the inclusion of a games2be Widget on a third party’s website, or the incorporation of a SNS App or other piece of games2be Software on a third party’s website or within a third party’s system does not imply approval or endorsement of that website by us. If you decide to access or post a games2be Widget, SNS App or other piece of games2be Software on these third-party websites, you do so at your own risk.
6. Policies related to “User Created Content” to games2be you understand and agree that:
6.1. games2be does not claim any ownership right in the User Created Content you submit to us, except to the extent of the exclusive license described below. Such User Created Content remains your property, but you may not license them to third parties without our consent.
6.2. You warrant that such User Created Content is your original work and that You have the right to license the same to games2be, and that the User Created Content does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and You agree to pay for all royalties, fees, and any other monies that may be owing to any person with respect to any User Created Content submitted by you to or through the games2be Service.
6.3. You grant to games2be an exclusive, worldwide, perpetual, irrevocable and fully paid-up right to use, modify, reproduce and distribute the User Created Content and any derivative works thereof, together with the right to sublicense. You understand that games2be is not obligated to pay you anything for your User Created Content, or to feature or otherwise display your User Created Content on any page of the games2be website.
8. 1. WARRANTY DISCLAIMER. THE games2be SERVICE, THE games2be SITE AND THE SOFTWARE INCLUDING ANY MOBILE SERVICES IS PROVIDED BY games2be ON AN “AS IS” BASIS. games2be AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE games2be SITE OR IN ASSOCIATION WITH THE games2be SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, games2be AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. games2be AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE games2be SITE OR THROUGH THE SNS APPS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8. 2. POTENTIAL UNAVAILABILITY. THE games2be SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. games2be SHALL NOT BE LIABLE FOR ANY FAILURE OF THE games2be SOFTWARE, games2be SITE OR games2be SERVICE. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND games2be’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). YOU AGREE THAT games2be SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. games2be is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to Your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the games2be Services, including any Mobile games2be software. Under no circumstances will games2be be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the games2be Site, the games2be Service, games2be Mobile, any content or third party applications, software or content posted on or through the games2be Site or the games2be Services or transmitted to users, or any interactions between users of the games2be Service, whether online or offline.
8.3. LIMITATION OF LIABILITY. games2be AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, games2be’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO games2be FOR THE games2be SERVICES, OR TEN DOLLARS, IF GREATER. YOU SPECIFICALLY ACKNOWLEDGE THAT games2be IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. 4. Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using games2be Software or games2be Services. Consult your physician prior to using the games2be Software or games2be Services if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the games2be Software or games2be Services immediately if you experience any such symptoms
9. TERM AND TERMINATION. Unless terminated by games2be, this Agreement will remain in full force and effect while You use the SNS Apps, games2be Site, games2be Software or games2be Services. Subject to the last sentence of this Section 9, You may terminate this Agreement at any time by deleting the games2be Software from Your computer and from any social networking site or other website on which you have installed any games2be Software and ceasing to use the games2be Software or games2be Service. games2be may terminate this Agreement at any time, particularly if You violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, and other storage media all copies of the games2be Software. games2be shall have the right to inspect and audit Your facilities to confirm the foregoing. Your representations in Sections 1 and the provisions of Sections 4 through 11 shall survive any termination or expiration of this Agreement.
10. THIRD PARTY NOTICES AND LICENSES In order to use the games2be Service, You will have to download a Unity3D plug-in from Unity3d. Use of the Unity3D is subject to unity3D’s Terms of Service.
11.2. Disputes. You agree that any dispute relating to your use of the games2be Site, games2be Software and/or games2be Service shall be governed by the laws of Switzerland without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in Switzerland, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action.
11.3. International Use. games2be makes no representation that the games2be Software is appropriate or available for use in locations outside Switzerland, and accessing it from territories where the games2be Software or any feature of the games2be Services and/or games2be Site is illegal is prohibited. Those who choose to access this website (or any other website on which games2be Software is installed or from which games2be Software or games2be Service is available) from other locations do so on their own initiative and are responsible for compliance with local laws. Downloading or using the games2be Software is at your sole risk.
11.4. No Third Party Beneficiaries. This Agreement is between You and games2be. No user has any rights to force games2be to enforce any rights it may have against any You or any other User.
games2be is an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user of material of the user’s choosing, without modification of the content of the material sent or received (“transitory digital network communications”), as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of users to an online location using information location tools, each through the website located at http://www.games2be.com, and any linked pages or applications owned and operated by games2be.
games2be is a registered trademark of games2be GmbH.