The terms of this agreement ("Terms of Service" or "Terms" ) govern the relationship between you and Freakinware Limited. (hereinafter "Freakinware Games" or "Us" or "We") regarding your use of Freakinware Games's social games and related services, which include applications for mobile devices and Freakinware Games branded websites (the "Service"). In this agreement, "Freakinware Games" means Freakinware Limited and its Affiliates.
Use of the Service is also governed by Freakinware Games's Privacy Policy, which is incorporated herein by reference. Your privacy is important to Us. We designed Freakinware Games's Privacy Policy to make important disclosures about how We collect and use your content and information and how you can use the Service to share such information with others. We encourage you to read the Freakinware Games Privacy Policy carefully and use it to make informed decisions.
By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Freakinware Games's Privacy Policy.
Freakinware Games reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Freakinware Games may also revise other policies, codes or rules at any time, and the new versions will be available at www.epicjones.com/privacy.html or in the Service. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Freakinware Games had actual notice before the date of the amendment.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Freakinware Games Privacy Policy, or any other Freakinware Games policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
To the extent the Terms of Service or Freakinware Games Privacy Policy conflict with any other Freakinware Games terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Freakinware Games Privacy Policy shall govern.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Freakinware Games policies, Freakinware Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5-1.9 to access and use the Service using a Freakinware Games supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You understand that while at times you may "earn" "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, Kokos, Paint, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Freakinware Games game card or a third party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
By accessing or using the Service, including browsing any Freakinware Games website or accessing a game, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"), have a valid account on the social networking service ("SNS") through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
The following restrictions apply to the use of the Service:
When creating or updating an Account on the Service, you may be required to provide Freakinware Games with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Freakinware Games's Privacy Policy and relevant "just-in-time" notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to Freakinware Games, and that you will update that information promptly after it changes.
You understand that on certain Freakinware Games websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
During the Account creation process, you may be required to select a password ("Login Information"). The following rules govern the security of your Login Information:
Freakinware Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY Freakinware Games GAME IS A VIOLATION OF Freakinware Games POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
CHEATING AND HACKING - You agree that you will not, under any circumstances:
OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:
COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances:
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances:
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under any circumstances:
WITHOUT LIMITING ANY OTHER REMEDIES, Freakinware Games MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Freakinware Games SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Freakinware Games IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Freakinware Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Freakinware Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Freakinware Games game client, and the Freakinware Games game clients and server software) are copyrighted works owned by Freakinware Limited. Freakinware Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Freakinware Games. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH Freakinware Games WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Freakinware Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Freakinware Games game, whether "earned" in a game or "purchased" from Freakinware Games, or any other attributes associated with an Account or stored on the Service.
Freakinware Games prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Freakinware Games in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Freakinware Games's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Freakinware Games game client or the Service, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Freakinware Games in accordance with its Privacy Policy.
You own your User Content. You hereby grant Freakinware Games and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, 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, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to Freakinware Games promotions and competitions or any other content specifically solicited by Freakinware Games) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
You are entirely responsible for all User Content you post or otherwise transmit via the Service. Freakinware Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Freakinware Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Freakinware Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively "Submissions") within the Service you understand and agree that Freakinware Games (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
Freakinware Games IS NOT RESPONSIBLE FOR A MEMBER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Freakinware Games assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact us at support@epicjones.com.
Freakinware Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Freakinware Games may violate these Terms of Service.
Freakinware Games reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Freakinware Games, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Freakinware Games games. Freakinware Games reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming Freakinware Games game cards or third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Freakinware Games keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and Freakinware Games is not a party to the transaction.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
Your license to Virtual Items for use in Freakinware Games games is a service provided by Freakinware Games that commences upon acceptance by Freakinware Games of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Freakinware Games will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from Freakinware Games, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Freakinware Games may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT Freakinware Games IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You understand that the Service and Freakinware Games games may feature advertisements from Freakinware Games or third parties. Freakinware Games's disclosure of information for third party advertising is addressed in Freakinware Games's Privacy Policy.
Freakinware Games may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Freakinware Games makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Freakinware Games and may collect data or solicit personal information from you. Freakinware Games is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Freakinware Games of these linked sites.
It is Freakinware Games's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Freakinware Games reserves the right to terminate without notice any User's access to the Service if that User is determined by Freakinware Games, in its sole discretion, to be a "repeat infringer." In addition, Freakinware Games accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You understand that the Service is an evolving one. Freakinware Games may require that you accept updates to the Service and to Freakinware Games's games you have installed on your computer or mobile device. You acknowledge and agree that Freakinware Games may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Freakinware Games's Games.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER Freakinware Games NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "Freakinware Games PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE Freakinware Games PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Freakinware Games PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Freakinware Games PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE Freakinware Games PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Freakinware Games IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID Freakinware Games ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Freakinware Games IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Freakinware Games.
You agree to indemnify, save, and hold Freakinware Games, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Freakinware Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Freakinware Games, and you agree to cooperate with Freakinware Games's defense of these claims. Freakinware Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
If a dispute arises between you and Freakinware Games, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Freakinware Games agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a "Claim") in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by contacting us at support@epicjones.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of London and shall be considered to have been made and accepted in London, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Freakinware Limited. must be resolved exclusively by the courts in London, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts in Korea for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
All claims you bring against Freakinware Games must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, Freakinware Games shall be entitled to recover attorneys' fees and costs up to $1000, provided that Freakinware Games has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You and Freakinware Games agree that if any portion of these Terms of Service or of the Freakinware Games Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
Freakinware Games may assign or delegate these Terms of Service and/or the Freakinware Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Freakinware Games's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
Freakinware Games may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including Freakinware Games's Privacy Policy), contain the entire understanding of you and Freakinware Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.
If we provide you with a translation of the English language version of these Terms of Service, the Freakinware Games Privacy Policy or any other policy (collectively "Freakinware Games Policies"), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Freakinware Games Policies.
In the event of a conflict between a translation of the Freakinware Games Policies and the English version, the English version of the Freakinware Games Policies will control.
The failure of Freakinware Games to require or enforce strict performance by you of any provision of these Terms of Service or the Freakinware Games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Freakinware Games's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Freakinware Games of any provision, condition, or requirement of these Terms of Service or the Freakinware Games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Freakinware Games shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Freakinware Games.
We may notify you via postings on www.epicjones.com, and via e-mail or any other communications means to contact information you provide to Us. All notices given by you or required from you under these Terms of Service or the Freakinware Games Privacy Policy shall be in writing and addressed to: Freakinware Limited, 2nd floor, 43 Broomfield Road, Chelmsford, CM1 1SY, UK.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under these Terms of Service to Freakinware Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Freakinware Games and which cannot be replaced by monetary damages alone. Accordingly, Freakinware Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Freakinware Games game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).
Freakinware Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Freakinware Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Freakinware Games's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Last updated March 30, 2014