Terms of Use and End User License Agreement

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use and End User License Agreement, along with any Terms of Offer appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of the Game, Software, Websites and related information, data, products and services as described herein under DESCRIPTION OF OFFERED SERVICES (collectively, the “Services” or “Service”). YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND END USER LICENSE AGREEMENT, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, "TOU/EULA").

The Service is provided at www.VikingsandDragons.com (which may be referred to herein as “Vikings&Dragons,” “we,” or “us”).

We may change any of the terms contained in the TOU/EULA at any time by posting the revised TOU/EULA on this website. You are responsible for periodically reviewing changes to this TOU/EULA, which you can do by clicking on the “Terms of Use” or similar link. If you do not agree to a revised TOU/EULA, you will not be permitted to continue playing the game or using the services. If at any time you are no longer able to comply with the terms of the then-current TOU/EULA, you must terminate your account and immediately stop using the game and services. You agree that your continued use of the game and services following any changes to this TOU/EULA and after the changes take effect will constitute your acceptance of such changes and your intention to be bound by this TOU/EULA. If you do not agree to such changes to the TOU/EULA, your sole remedy is to discontinue use of the game and services and to cancel your account. If you do not agree to be bound by this TOU/EULA, you may not use our game and services.

DESCRIPTION OF OFFERED SERVICES

The Services are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for personal, non-commercial, use only.

Services:

Vikings & Dragons is an animated adventure game that takes place during the Viking era and is suitable for players 6 to 16 years old. Played on mobile devices, the game has a host of endearing characters who find themselves in all kinds of adventures. The Vikings & Dragons game and mini-games are available through the Apple® AppStore and Google Play℠ (Android™ Market). Additional games can be played online at the Viking & Dragons website (collectively, the “Game.”). Downloadable colorful wallpapers, FAQs, and access to a forum are also available through the website. Registered game users can access additional services.

Software:

Vikings & Dragons: The Vikings & Dragons game and mini-games are available through the Apple® AppStore and Google Play℠ (Android™ Market). Registered game users are provided secure remote access, control, and administration of their registered account from any web browser for purpose of game play.

Our Website:

Vikings & Dragons Website: The website features descriptions about the game, characters, functions and items available for game play. The Website provides access to download the mobile versions of the game and mini-game software from the Apple® AppStore and Google Play℠ (Android™ Market), access to the registered user Account, and access to the online Game. The site features downloadable wallpapers, support ticket, FAQs and access to a user forum.

SERVICES/FEES/TERMINATION/REFUNDS/RETURNS

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, refuse, suspend or discontinue the game or Services with or without notice at any time, for any reason, and without any liability. We may also impose limits on certain features or restrict your access to parts or all of the game or Services without notice or liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.

When you complete the registration process and click the “Download” button, you create an account and agree to be bound by this TOU/EULA. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU/EULA on behalf of the entity, and the authority to bind the entity to this TOU/EULA. Your account allows you to participate in certain activities on the websites. To create an account, you must select a login name and password and enter other information, including financial information if you wish to purchase items to assist with your game play. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system and agree to keep this information secret. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA. If you believe your account has been accessed without your authorization, you must notify us immediately.

You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game, including without limitation any account registered to you as described above (your "Account"), in-game items, game points, features or in-game currency. You may not purchase, sell or trade any Account, in-game items, game points or in-game currency for anything of value in the real world, and any attempt to do so shall be null and void. We may revise, suspend, terminate or delete your Account at any time for any reason or no reason, with or without notice to you.

This Agreement is effective until terminated. You may terminate this Agreement by cancelling your Account. In the event that you cancel or terminate your Account or breach this TOU/EULA Agreement, you will forfeit your right to any and all purchases or other payments made in connection with the Game. You acknowledge and agree that you are not entitled to any refund for any amounts paid or pre-paid in connection with your Account prior to any cancellation or termination of this Agreement. We may terminate this TOU/EULA Agreement and your Account with or without notice by deactivating your Account.

You acknowledge and agree that we are authorized, but not required, to act on payment instructions received from anyone using your Account. You authorize us to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made; and (b) initiate any other debits or charges authorized by you or anyone using the Account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by us for various worldwide locations. You acknowledge that transactions may be facilitated by a third party payment processor (the "Processor"), and agree that we may share your information, including information about your financial accounts, with the Processor for this purpose.

We disclaim any responsibility related to files uploaded or transmitted by you or other users. By uploading or transmitting files, you are assuming full responsibility for the consequences of doing so.

You are solely responsible for any and all conduct in entering, altering, modifying, sending or retrieving data, text information, screen names, graphics, photos, profiles, audiovisual clips, links or other content submitted, posted, displayed, transmitted or shared using your User Identification. WE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME FOR ANY REASON, WITH OR WITHOUT NOTICE TO YOU. Most account suspensions, terminations and/or deletions are the result of violations of this TOU/EULA.

We do not claim ownership of any content you submit, post, transmit or share using our Services. YOU UNDERSTAND AND AGREE THAT WE MAY MONITOR, RECORD, REVIEW, AND/OR DISCLOSE YOUR IN-GAME COMMUNICATIONS WITHOUT NOTICE TO YOU. We are under no obligation to monitor in-game communications. You understand that we may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, payment information and other information about you and your activities in response to a request by law enforcement, a court order or other legal process, or if we believes that doing so may protect your safety or the safety of others.

If you decide that you no longer wish to use the Game or your Account, you can uninstall the software. If you choose to cancel your Account, your account will be suspended or terminated immediately upon receipt of your request. No refunds will be issued for any credits, points, or other Account features. This TOU/EULA will automatically terminate when you cancel your Account or when we no longer provide the Services. We may apply patches, updates and modifications (each an "Update") to the Game at any time, and game play may change after the application of an Update.

You consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).

You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU/EULA or our enforcement or application of this TOU/EULA; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site, related sites, or your Account; or (4) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

INTELLECTUAL PROPERTY RIGHTS/LICENSE

Copyright Notice. © VikingsandDragons.com, 2012. All rights reserved.

Note: As used below the terms “you” and “your” also includes persons you authorize to access the Game, Services and/or Intellectual Property.

The Game, websites and Service is controlled and operated by us. The Game, software and Service, and all materials accessible through the Services, including websites, website content and information, graphics, code, images, text, names, features, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.

DMCA Claims. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:

Email: legal@VikingsandDragons.com
Fax: 302-747-5901

If you wish to notify our Copyright Agent of a claim of copyright infringement and submit a DMCA notification, please provide written notice. Your notice must contain the following information:

  1. A physical or electronic signature of the person authorized to act on behalf the copyright owner;
  2. Identification or description of the copyrighted work you claim has been infringed and ownership information;
  3. Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work including URL, link, web address, and any other identifying information;
  4. Your name, address, telephone number, and email address;
  5. A statement and assertion that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; and
  6. Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

We may discontinue, suspend or modify the Services, any feature included in the Services, or the availability of the Services on any particular device or communications service, at any time and without notice to you. If any third party makes an intellectual property infringement claim relating to the Services, we reserve the right to immediately terminate your Account. While not obligated to do so, we will endeavor to communicate any such actions to you by either sending you an email or by posting relevant information to the Website.

Trademarks. “Vikings & Dragons” and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks, trade names and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.

YOUR RIGHTS, RESPONSIBILITIES AND RESTRICTIONS

By installing and/or using our Services including software (“software”), you agree to the following:

i. License. We grant you a non-exclusive license to install and use our Game software solely for personal use and only for the purpose of accessing the Game and Services. These Terms create no third party beneficiary rights. We and our software licensors/suppliers reserve the right to add additional features or functions to the software at any time, without requesting your approval. We may require the update of software on your computer when new versions of the software are released or new enhancements are available. Updates may occur automatically when you use the Service. We are under no obligation to support software for which a license has not been purchased and paid for in full. We may at any time suspend or terminate this license and disable the software. You understand that the software is licensed to you and not sold, and that this TOU/EULA does not grant you any right, title or interest to our intellectual property, Services, the software, Websites, or the content in any of the Services, and that all such rights are expressly reserved to us and our licensors/suppliers.

ii. Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Game, software, Services, Websites or content thereof for any reason. You may not modify the Game, software, Services, Websites or content thereof in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the Game, software, Services, Websites or content thereof for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. The materials provided herein are for personal, non-commercial use only. Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU/EULA, all rights are reserved by us. You may not link to this website without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.

iii. Governmental Controls. The software or goods sold herein may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re- export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, and (iii) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.

ACCEPTABLE USE POLICY

ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

Acceptable Use. You will not, and will not attempt to, misuse the Services, Websites, software, or content thereof. You understand and acknowledge that you have the obligation to use the Services only in a manner that is consistent with our Acceptable Use Policy herein.

This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.

For example, you MAY NOT use the Services to submit, create, transmit, distribute, receive, provide access to or store any files, data, information or material that:

  • Violates a trademark, copyright, trade secret or other intellectual property rights of others or impersonates or misrepresents your affiliation with another person or entity
  • Defames or violates the privacy, publicity or other personal rights of others
  • Impairs the privacy of communications, accesses, scans, probes the system or network
  • Contains obscene, offensive illegal, indecent or inappropriate content or pornography
  • Is fraudulent or misleading, deceptive or contains false source-identifying information, spoofing or phishing
  • Breaches or circumvents security or authentication controls, or attempts to do so
  • Disrupts or interferes with Vikings&Dragons functions, networks, websites or content, including overloading, viruses, planting malware or other system or network damaging activity
  • May be considered threatening, abusive or hateful or promoting such behaviors
  • Violates export control laws or regulations
  • Accesses or searches the Viking&Dragons network, systems or Services by any means other than publicly supported interfaces, including scraping
  • Encourages conduct that would constitute a criminal offense or give rise to civil liability
  • Causes technical disturbances to the Service, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
  • Assists or permits any persons in engaging in any of the activities described above
  • Involves deceptive or unsolicited on-line marketing advertisements, spam or promotions
  • Violates the law, including any state, federal or governmental regulation, in any manner

If you become aware of any such activities, you are obligated to immediately notify us.

We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Acceptable Use Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, authorized by you or not, shall be considered violations of this Policy by you. Upon our determination, in our sole discretion, that you have violated our Acceptable Use Policy, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation or claimed to be infringing or to be the subject of infringing activity.

We have the right, but not the obligation, to monitor any activity or Content associated with the Service. We may investigate any reported violation of these policies and take any action we deem appropriate, including terminating your access to the Service and any associated Content present on the Service without notice to you or recourse by you.

YOUR REPRESENTATIONS

You expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

OUR REPORTING

We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials or other third party enforcement personnel to the extent permitted by applicable federal, state and local laws. By using the Service you expressly consent to the foregoing use and disclosure.

INDEMNIFICATION

You agree to indemnify, defend and hold us harmless as well as any parent company, subsidiaries, affiliates (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, demands, including but not limited to reasonable attorney's fees, arising from or in any way related to any alleged violation of this TOU/EULA by you, use of the Services by any other person through you or using your computer or your account, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU/EULA.

NO WARRANTY

YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THIS TOU/EULA OR THE SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS, BUSINESS, DATA, OR USE), PUNITIVE, EXEMPLARY OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY) OR WHETHER WE HAVE BEEN WARNED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE), INCLUDING WITHOUT LIMITATION ANY ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENTS IS YOUR CHOICE AND AT YOUR FREE WILL, AND THAT WE DO NOT OWE ANY DUTY TO YOU ON BEHALF OF YOUR DECISION TO ACCESS OR USE THE SERVICES OFFERED. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, YOU AGREE THAT AN ACTION FOR NEGLIGENCE AGAINST US SHALL NOT BE PERMITTED HEREUNDER.

GENERAL PROVISIONS

Note: As used below the terms “you” and “your” also includes persons you authorize to access the Services and/or Intellectual Property

By accessing or using the Services, You:

  • agree that the substantive laws of the state of Florida without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU/EULA;
  • agree that you may not assign any or all of your rights and obligations under this TOU/EULA without our prior written consent, which may be withheld in our sole discretion;
  • agree that all provisions of this TOU/EULA relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
  • agree that nothing in this TOU/EULA shall be deemed to convey any third party rights or benefits;
  • agree that except as otherwise required by law (in which case Florida statutes of limitation shall apply), the arbitration of any cause of action or claim you may have with respect to the Service, this TOU/EULA or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
  • agree that if any portion of this TOU/EULA is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of this TOU/EULA remain in full force and effect;
  • agree that no waiver of any breach of any agreement or provision of this TOU/EULA, nor any failure to assert any right or privilege contained in this TOU/EULA, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
  • agree that the section titles in this TOU/EULA are for convenience only and have no legal or contractual effect; and
  • agree that this TOU/EULA (including all policies, notices and other terms incorporated into this TOU/EULA by reference) constitutes the entire agreement between you and us with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

ARBITRATION

All parties and/or users agreeing to this TOU/EULA agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or Services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. Exceptions: You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief. The arbitration proceeding shall be construed in accordance with the applicable laws of the State of Florida. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.

All parties and/or users agreeing to this TOU/EULA agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:

  • All relevant and discoverable information or data (in any form) shall be strictly limited to the dates of use by the user of the products and services offered hereunder who is requesting any such information. No discovery, including eDiscovery, shall be provided for timeframes outside the timeframe of use of the requesting party, and shall be limited to information or data that is reasonably accessible to us. All parties and users agree that these limitations are reasonable.
  • All relevant and discoverable information or data (in any form) requested for such applicable dates shall be provided in the format in which it is stored or archived, and shall not be required to be provided in any other format, and no reports of any kind not used regularly in the course of business shall be requested or created/produced.
  • We may request that parties and/or users cooperate in good faith regarding formulation of appropriate search terms and protocols in advance of any information or data search, including pre-search formulating of search terms, including semantic synonyms, search protocols, and post-search error sampling. Any production shall then be provided referencing such agreed protocols in lieu of individual discovery request responses.

Last Updated: December 18, 2012