FEGN.com and its affiliated online interactive sites and services, including games accessible through these sites (collectively, the "Sites") are operated on behalf of The Flash Games Entertainment Network. ("FEGN" or "We") by its employees and/or authorized agents. By using the Sites, you signify your agreement with the following terms and conditions of use (the "Terms of Use"). Please read these Terms of Use carefully before using the Sites. If you do not agree with all of the Terms of Use, do not use the Sites which are designed solely for entertainment purposes. If you are a minor, be sure to get your parent or legal guardian to review and discuss these Terms of Use with you. Think of these Terms of Use as a rulebook for your behavior while using the Sites. IF YOU VIOLATE THESE TERMS OF USE, FEGN RESERVES THE RIGHT TO BLOCK YOUR FUTURE ACCESS TO THE SITES OR TAKE OTHER APPROPRIATE ACTION. IN THE EVENT WE BLOCK YOUR ACCESS TO THE SITES, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED ON THE SITES, WHICH, IN ANY EVENT ARE FEGN 'S PROPERTY. FEGN has final say over what constitutes a violation of these rules.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms of Use when We deem appropriate and in the best interest of the smooth operation and enjoyment of the Sites. Changes and/or modifications shall become effective ten (10) days after posting on the Sites ("Effective Change Date"). These Terms of Use cannot be changed orally. Please review these Terms of Use periodically. Your continued use of the Sites following the Effective Change Date will constitute your acceptance of those Terms of Use. We also reserve the right to suspend or end operations or access to any of the Sites, or portions of Sites, when we deem it necessary. IN THE EVENT SUCH OPERATIONS ARE SUSPENDED OR ENDED, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED ON THE SITES, WHICH, IN ANY EVENT ARE FEGN'S PROPERTY.
The Terms of Use will remain in full force and effect as long as you
use, access, interact with, view, transmit, receive or communicate with
the Sites or in any way utilize the services or features of the Sites.
In the event of termination of use, membership, service or feature,
the Terms of Use as modified will remain in effect.
1.Personal, Non-Commercial Use by users.
. The Sites are for the personal use of individual Internet users and
may not be transferred, assigned, or used in connection with any commercial
or illegal endeavors. Organizations, companies, and/or businesses may
not become registered members and should not use the Sites for any purpose.
You acknowledge that these Terms of Use are supported by reasonable
and valuable consideration, the receipt and adequacy of which you hereby
acknowledge. Without limiting the foregoing, you acknowledge that such
consideration includes, without limitation, your enjoyment and use of
the Sites and all features and activities available on the Sites, your
receipt of data, materials and information available at or through the
Sites, and the possibility of our review, use or display of Content
(as defined below in section 3).
2. Proprietary Rights in Content on the Sites. . FEGN owns and
retains all proprietary rights in the Sites. The Sites contain material
that is derived in whole or in part from material supplied by FEGN,
its licensors, and other sources, and is protected by U.S. and international
copyright and trademark laws. No material, including but not limited
to the characters, logos, graphics, illustrations, text, images, audio
and video, and no software, including but not limited to images or files
incorporated in or generated by the software or data accompanying such
software (individually and collectively the "Materials"),
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way or decompiled, reverse engineered or disassembled,
unless the Material is in the public domain or you have obtained written
permission and maintain all legal notices intact or as provided by FEGN.
Modification of the Materials or use of the Materials in whole or in
part for any non-approved purpose is a violation of FEGN's or such other
sources' copyright, trademark and other proprietary rights. You expressly
understand that you may not reverse engineer, disassemble or decompile
or attempt to reverse engineer or derive code from any information accessible
through the Sites (including, without limitation, data packets transmitted
to and from the Sites over the Internet), or analyze, decipher, "sniff",
derive code from, or attempt to analyze, decipher, "sniff",
or derive code from any packet stream transmitted to or from the Sites,
whether encrypted or not, or permit any third party to do any of the
same, and you hereby expressly waive any legal rights you may have to
do so, including any claim that such activities constitute "Fair
Use" or are for "interoperability purposes" under the
Digital Millennium Copyright Act.
3. Content Posted on the Sites.
You are responsible for any notes, messages, e-mails, billboard postings,
photos, drawings, profiles, opinions, ideas, images, videos, audio files
or other materials or information posted or transmitted to the Sites
(collectively, "Content"). Such Content will become the property
of FEGN throughout the universe. FEGN shall be entitled to, consistent
with our Privacy
Policy, use the
Content or any of its elements for any type of use forever, including
promotional and advertising purposes and in any media whether now known
or hereafter devised, including the creation of derivative works that
may include Content you provide. You agree that any Content you post
may be used by FEGN, consistent with our Privacy Policy, and you are
not entitled to any payment or other compensation for such use.
4. Rules of Conduct on the Sites.
a. You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights.
b. FEGN may review, edit, reject, refuse to post and/or delete any Content
that in the sole judgment of FEGN violate these Terms of Use or which
might be offensive, illegal, or that might violate the rights, harm,
or threaten the safety of another person.
c. You may not post or transmit Content (even if made in a joking, sarcastic
or unintended manner) that:
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);
- promotes an illegal or unauthorized copy of another person's copyrighted work (see Paragraph 6 below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without FEGN's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, FEGN's "prior written consent" means a communication coming from FEGN's legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
- solicits gambling or engages in any gambling activity which FEGN, in its sole discretion, believes is or could be construed as being illegal;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or
- refers to any website or URL that, in the sole discretion of FEGN, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.
FEGN reserves the right, but
not the obligation, to investigate and take appropriate legal action
in its sole discretion against anyone who it believes violates these
Terms of Use, including without limitation, removing the offending communication
in whole or in part from the Sites, suspending or terminating the membership
of such violators and/or suspending or terminating their right to use
and access the Sites. FEGN DOES NOT WARRANT OR GUARANTEE THAT ALL
MATERIAL AND CONTENT ON THE SITES WILL NOT OFFEND YOU..
d. You must use the Sites in a manner consistent with any and all applicable
laws and regulations. Illegal and/or unauthorized uses of the Sites,
including without limitation, collecting usernames and/or email addresses
of registered members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of or linking to
the Sites, are not permitted. This includes the unauthorized interception
of the data stream coming from or going into the Sites, as well as attempting
to gain unauthorized access to the Sites or exceeding your authorized
access.
e. You may not include in your member profile your last name, social
security numbers, telephone numbers or street addresses. You (or your
parent/legal guardian if you are a minor) must be the email account
holder for any email addresses that you list in your account information
or subsequently provide in connection with the Sites.
f. You may not engage in advertising to, or solicitation of, other users
through the Sites to buy or sell any products or services, including,
but not limited to, products or services related to the Sites. You may
not transmit any chain letters or unsolicited commercial or junk email
to other users via the Sites. It is also a violation of these Terms
of Use to use any information obtained from the Sites in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person outside of the Sites without their
prior explicit consent. In order to protect our users from such advertising
or solicitation, FEGN reserves the right to restrict the number of messages
or emails which a user may send to other users in any 24-hour period
to a number which FEGN deems appropriate in its sole discretion.
g. You understand that FEGN has the right at all times to disclose any
information (including the identity of the persons providing information
or materials on the Sites) as necessary to satisfy any law, regulation
or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response
to a lawful court order or subpoena. In addition, we can (and you hereby
expressly authorize us to) disclose any information about you to law
enforcement or other government officials, as we, in our sole discretion,
believe necessary or appropriate in connection with the investigation
and/or resolution of possible crimes, especially those that may involve
personal injury.
h. FEGN reserves the right, but has no obligation, to monitor the materials
posted in the public areas of the Sites. FEGN shall have the right to
remove or edit any Content that in its sole discretion violates, or
is alleged to violate, any applicable law or either the spirit or letter
of these Terms of Use. Notwithstanding this right of FEGN, YOU REMAIN
SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE
PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be
advised that Content posted in public areas of the Sites does not necessarily
reflect the views of FEGN. In no event shall FEGN assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Sites. You hereby represent and warrant that you have
all necessary rights in and to all Content you provide and all information
it contains and that such Content shall not infringe any proprietary
or other rights of third parties or contain any libelous, tortious,
or otherwise unlawful information.
i. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Sites, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. FEGN
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Sites.
j. It is possible that other users (including unauthorized users, or
"hackers") may post or transmit offensive or obscene materials
on the Sites and that you may be involuntarily exposed to such offensive
and obscene materials. It also is possible for others to obtain personal
information about you due to your use of the Sites, and that the recipient
may use such information to harass or injure you. FEGN does not approve
of such unauthorized uses but by using the Sites you acknowledge and
agree that FEGN is not responsible for the use of any personal information
that you publicly disclose or share with others on the Sites. Please
carefully select the type of information that you publicly disclose
or share with others on the Sites.
5. Unsolicited Creative Submissions/ Communications FEGN does
not accept or consider creative ideas, suggestions or materials other
than those FEGN has specifically requested. This is to avoid the possibility
of future misunderstandings when projects independently developed by
FEGN or its agents might seem to others to be similar to their own creative
ideas, suggestions or materials. If you do send us or post any creative
materials, including creative suggestions, ideas, notes, drawings, concepts
or other information or if you transmit to the Sites by electronic mail
or otherwise, communications including any data, questions, comments,
suggestions, or the like (collectively, the "Information"),
the Information shall be deemed "Content", will be subject
to Paragraph 3 above, and shall remain the property of FEGN. None of
the Information shall be subject to any obligation of confidence on
the part of FEGN and FEGN shall not be liable for any use or disclosure
of any Information. FEGN shall exclusively own any now known or hereafter
existing rights to the Information of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the Information
for any purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Information.
6. Copyrights and Copyright Agent. FEGN respects the rights of
all copyright holders and in this regard, FEGN has adopted and implemented
a policy that provides for the termination in appropriate circumstances
of subscribers and account holders who infringe the rights of copyright
holders on multiple occasions ("repeat offenders"). If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide FEGN's Copyright Agent the following information
required by the Online Copyright Infringement Liability Limitation Act
of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C.
512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FEGN to locate the material;
- Information reasonably sufficient to permit FEGN to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under
the DMCA please contact:
Flash Games Entertainment Network.
Attn: Legal Dept.
211 S Hamilton Dr,
Beverly Hills, CA 90211
Email: legal@fegn.com
Upon proper receipt of this information from you ("notice") that substantially complies with all of the requirements above, We will investigate your claim and respond expeditiously. If We determine that the Material cited by you constitutes a copyright infringement, We will remove, or "take down" the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA.
Do not contact DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. For general inquiries about FEGN or the Sites, go to FEGN's online feedback section at http://www.fegn.com.
IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
7. User Disputes. You
are solely responsible for your interactions with other users. FEGN
reserves the right, but has no obligation to monitor communications
and any disputes between you and other users.
8. Privacy. Use of the Sites is governed by our Privacy Policy
which can be located at the home page of www.fegn.com.
9. Contests and Sweepstakes, and Other Activities. FEGN may provide
rules for certain promotional activities on the Sites including, without
limitation, contests and sweepstakes by FEGN and in conjunction with
third parties. These Terms of Use are incorporated by reference to the
specific promotion rules or terms and conditions, which may appear in
connection with information on the Sites about a particular activity.
To the extent that any conflict exists between these Terms of Use and
specific rules for a promotional activity, the rules for the promotional
activity in which you choose to participate shall govern that promotion
but shall not otherwise modify the Terms of Use.
10. Hyperlinks. The appearance of Web sites or external hyperlinks
on the Sites does not constitute endorsement by FEGN, its subsidiaries
and affiliates of the opinions or views expressed by these linked Web
sites and FEGN does not verify, endorse, or take responsibility for
the accuracy, currency, completeness or quality of the content contained
in the linked Web sites. Furthermore, FEGN is not responsible for the
quality or delivery of the products or services offered, accessed, obtained
by or advertised by such Web sites. As such, neither FEGN nor any of
its subsidiaries and affiliates will be responsible for any errors or
omissions or for the results obtained from use of such information contained
in these Web sites. To the extent that these Web sites collect personal
information or postings from the end user, be advised that in no event
shall FEGN assume or have any responsibility or liability for the manner
in which such information or postings are exploited or for any claims,
damages, or losses resulting from their use and/or appearance on these
Web sites. Finally, FEGN will under no circumstances be liable for any
direct, indirect, incidental or special loss or other damage, whether
arising from negligence, breach of contract, defamation, infringement
of copyright or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained
within these Web sites.
FEGN welcomes links to the Sites. You may establish a link to the Sites,
provided that the link does not state or imply any sponsorship or endorsement
of your Web site by FEGN, its affiliates, or any group or individual
affiliated with FEGN. You may not use on your Web site any logos, trademarks,
service marks, or other copyrighted materials appearing on the Sites,
including but not limited to any logos or characters, without the express
written consent of the owner of the mark or right. You may not frame
or otherwise incorporate into another Web site, or otherwise create
a dynamic HTML page using, any of the content or other materials on
the Sites without FEGN's prior written consent.
11. Limitation on Liability. The Sites have been created for
entertainment purposes only. YOUR USE AND BROWSING OF THE SITES IS
AT YOUR OWN RISK. If you are dissatisfied with any of the Materials
or Content contained in the Sites, or with and of these Terms of Use,
your sole and exclusive remedy is to discontinue accessing and using
the Sites.
FEGN is not responsible for any incorrect or inaccurate Materials or
Content posted on the Sites, whether caused by users of the Sites or
by any of the equipment or programming associated with or utilized in
the Sites. FEGN is not responsible for the conduct, whether online or
offline, of any users of the Sites. FEGN assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user or member communications.
FEGN is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the Internet
or at any Sites or combination thereof, including injury or damage to
users and/or members or to any other person's computer related to or
resulting from participating or downloading materials in connection
with the Web and/or in connection with the Sites. Under no circumstances
will FEGN be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Sites, any Materials
or Content posted on the Sites or transmitted to members, or any interactions
between users of the Sites, whether online or offline. FEGN cannot guarantee
and does not promise any specific results from use of the Sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER
FEGN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF
YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF FEGN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING
ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
12. U.S. Export Controls. Software from the Sites (the "Software")
is further subject to United States export controls. No Software may
be downloaded from the Sites or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
13. Applicable Law; Disputes. THESE TERMS OF USE AND YOUR
RELATIONSHIP TO THE SITES IS SUBJECT TO
CALIFORNIA LAW. Unless otherwise specified, the materials in the
Sites are presented solely for the purpose of entertainment and promoting
programs, events, products, and services available in the United States.
The Sites are controlled and operated by FEGN from its offices within
the State of California. The Sites are intended for residents of the
United States unless otherwise noted. Residents outside of the United
States understand and consent that the data submitted on the Sites will
be transmitted to and processed within the United States. FEGN makes
no representation that Materials and Content on the Sites are appropriate
or available for use in any particular location. Those who choose to
access the Sites do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use, and any and all disputes, issues, controversies
or matters arising herefrom or related hereto or otherwise arising from
or related to the Sites, Materials or Content, shall be governed by
and construed exclusively in accordance with the laws and decisions
of the State of California, without giving effect to its choice of law
or conflict of law provisions. You agree that the state and federal
courts sitting in Los Angeles, California shall be the exclusive forum
for the resolution of any and all disputes, issues, controversies or
matters arising herefrom or related hereto or otherwise arising from
or related to the Sites, Materials or Content, and that any such disputes,
issues, controversies or matters shall be resolved individually, without
resort to any form of class action. You hereby consent to personal jurisdiction
and venue in Los Angeles, California and service of process by certified
mail. If any part of this Section 13 is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions of the
Terms of Use, and the remaining portions shall remain in full force
and effect.
14. Indemnification. You agree to indemnify, defend and hold
harmless, FEGN, its affiliates, and their respective officers, directors,
employees, agents, licensors, representatives, and third party providers
to the Sites from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
these Terms of Use by you. FEGN reserves the right to assume, at its
sole expense, the exclusive defense and control of any matter subject
to indemnification by you, in which event you will fully cooperate with
FEGN in asserting any available defenses.
15. Other. These Terms of Use, accepted upon use of the Sites
and further affirmed by becoming a registered member or submitting Content
to the Sites, contain the entire agreement between you and FEGN regarding
the use of the Sites and supersede all prior understandings related
to the Sites. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of these Terms of Use, and the remaining portions shall remain
in full force and effect.
These Terms of Use were last updated and posted on this Site on July
1st, 2009.