Tos
Welcome, and thank you for your interest in creating a user account
with www.yourflashgames.com (the "Website"), ("yourflashgames", "we", "our", or "us").
The registration and use of a user account on the Website by you
("user", "you", or "your") is subject to the following Terms of Use (the "Agreement").
Please read this Agreement carefully before proceeding. By creating a
user account, you agree to abide by the terms and conditions set forth
in this Agreement. If you do not wish to be bound by this Agreement,
you are not authorized to create a user account, and shall not be
permitted to post any content to the Website. Additionally, by agreeing
to the terms and conditions herein, you represent and warrant that you
are not a minor in your state of residence and have the right,
authority and capacity to enter into this Agreement.
IF YOU ARE A MINOR IN YOUR STATE OF RESIDENCE, AND ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO CREATE A USER ACCOUNT.
User Content
A. Content; Monitoring. As part of the Website's services, by creating
a user account you will be able to post written content and comments
("Content") to the Website. You shall be the owner of, and shall
therefore have full responsibility for, the content you choose to
submit. You acknowledge and agree that we do not and shall not have any
obligation to review Content, and that we cannot assure that
defamatory, unlawful, or fraudulent Content will not appear on the
Website. However, you acknowledge and agree that we have the right to
examine each submission of Content, and that we may remove, alter,
edit, modify, rearrange or refuse to post any Content that you submit
or post to the Website, in whole or in part, for any or no reason, at
our sole discretion. Furthermore, you agree that we shall not have any
obligation to use, post or display any Content provided by you, at our
sole discretion. B. Personal Information. In order to provide you with
a full range of services, we will collect information from you that
identifies you personally, such as your name and email address. You
agree that such information provided to us is accurate, complete and
current. You agree that you will be the sole user of the account you
create, that it is your information that has been provided to us, and
that you will be responsible for any unauthorized use of your account.
Furthermore, if you discover that an unauthorized person is using the
account to access and post content to the Website, you agree to notify
us immediately, in writing. You agree that, in order to protect our
interests, we have the right to take any and all action available and
permitted by law, including, without limitation, criminal prosecution.
C. Ownership and Intellectual Property Rights. By posting Content to
the Website, you warrant and represent that the Content is original and
owned by you, will not be copied in whole or in part from any other
work (unless authorized by the owner of such work), that the use of the
Content on the Website as contemplated hereunder will not infringe upon
the rights of any person or entity, including without limitation,
copyrights, trademarks, rights of publicity, rights of privacy, trade
secrets, trade dress or other intellectual property rights, and that
you have not entered into any agreements with any third parties that
would interfere with our contemplated use. D. Prohibited Material. You
agree not to post, link to, or otherwise submit to the Website any
Content that: (i) is illegal, fraudulent, defamatory, or libelous; (ii)
infringes any patent, copyright, trademark, right of publicity, right
of privacy, trade secret, trade dress or other intellectual property
rights of any party; (iii) is designed or has the capacity to
interrupt, destroy or limit the functionality of the Website or any
portion or section thereof; (iv) is patently pornographic in nature, in
that it graphically and explicitly depicts sexual acts; (v) promotes
racism, bigotry, hatred or physical harm of any kind against any group
or individual, or which harasses or harms, or advocates the harassment
or harming of another person; (vi) involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or "spamming", or
solicits personal information from other visitors to the Website; (vii)
links to materials or other content, directly or indirectly, to which
the user posting such material does not have a right to link; You
acknowledge that Content posted to this the Website may be subject to
size and usage limitations, and that you are responsible for adhering
to such limitations. E. Right to Use. By posting Content to the
Website, you automatically grant, and represent and warrant that you
have the right to grant, to us a non-exclusive, worldwide, perpetual,
irrevocable, assignable, fully paid, royalty-free, license to use,
copy, modify, adapt, publish, make, sell, create derivative works of or
incorporate into other works such Content, derive revenue or other
remuneration from, communicate to the public, distribute, perform or
display such Content (in whole or in part) and/or to incorporate such
Content in other works in any form, media, or technology now known or
later developed, and to grant and authorize sublicenses of the
foregoing through multiple tiers of sub-licensees, including the right
to exercise the copyright, publicity, and any other rights over any of
the materials contained in such Submissions for any purpose, including
for purposes of advertising and publicity on the Website and elsewhere.
No submission of Content shall impose any obligation on yourflashgames,
whether of attribution or otherwise, and yourflashgames shall not be liable
for any use or disclosure of any such Content.
Intellectual Property
A. Website Content. Copyrights, trademarks, brand names, trade dress
and all other intellectual property rights in and to all content
appearing on the Website, including, without limitation, logos,
displays, pictures, graphics, section titles and text, shall be the
sole and exclusive property of yourflashgames, and shall be protected by the
laws of the United States and/or other countries. You agree not to
reproduce, display, distribute, publish or otherwise exploit the
content of the Website, or any part or portion thereof, for any
commercial purpose, and you agree that your use of the Website shall be
solely for non-commercial purposes. B. Notice and Takedown. The Digital
Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you believe that
your work has been copied and posted on the Website by any other user
in a way that constitutes copyright infringement, please provide our
copyright agent with the following information: (i) an electronic or
physical signature of the copyright owner or of the person authorized
to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing
is located on the Website; (iv) your address, telephone number, and
e-mail address; (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or are authorized to act
on the copyright owner's behalf. Any notification by a copyright owner
or a person authorized to act on such copyright owner's behalf that
fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon us actual
knowledge of facts or circumstances from which infringing material or
acts are evident. We suggest that you consult your legal advisor before
filing a notice with our copyright agent. Please note that there can be
penalties for false claims under the DMCA.
Links
We, third parties, and/or other users may provide links to other
websites of possible interest to you. Because we have no control over
unaffiliated websites, you acknowledge and agree that we are not
responsible for the availability of such websites and do not endorse
and are not responsible or liable for any content, advertising,
services, products, or other materials on or available from such
websites. You also acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any content, advertising, services, products, or other
materials on or available from such websites. All such websites shall
be subject to the policies and procedures of the owner of such
websites.
DISCLAIMER OF WARRANTIES
A. YOU ACKNOWLEDGE AND AGREE THAT yourflashgames DOES NOT MAKE ANY
REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS,
COMPLETENESS OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION
ANY SUBMISSIONS) APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR
ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION
ANY SUBMISSIONS) APPEARING ON THE WEBSITE OR GENERALLY FOR THE
ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. yourflashgames DOES
NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL
CONTAINED IN ANY USER GENERATED CONTENT, AND SUCH CONTENT DOES NOT IN
ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENTS OF yourflashgames. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
yourflashgames OR THROUGH THE WEBITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT. B. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO
CIRCUMSTANCES WILL yourflashgames BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY CONTENT
SUBMITTED BY OTHER USERS) OBTAINED THROUGH THE WEBSITE OR CAUSED BY THE
CONDUCT OF VISITORS TO THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, yourflashgames MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO
YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, yourflashgames DISCLAIMS ANY
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
A. IN NO EVENT SHALL yourflashgames BE LIABLE FOR INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF THE WEBSITE. B. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL
OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN
SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.
Indemnification
You shall indemnify, defend and hold us harmless from and against any
actually suffered liability, damages, costs, expenses, fees (including
reasonable attorney's fees) or losses to the extent resulting from
third party claims, suits, actions or complaints arising out of your
breach of this Agreement or representations hereunder. You agree that
under no circumstances will we be liable in any way for the accuracy,
reliability, or quality of any Content, and that you shall hold us
harmless for (i) any errors or omissions in any Content posted by you,
or (ii) any loss or damage of any kind incurred as a result of the use
of any Content posted by you.
Commercial Use
You acknowledge and agree that the Website is for your personal use
only and no portion of the Website may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without our express written consent.
Electronic Communication
When you visit this Website or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
Privacy
yourflashgames is committed to safeguarding your privacy. The terms
regulating the handling of personal information by you in connection
with the Website is described in our Privacy Policy, which can be found
at Privacy
Governing Law; Venue
You acknowledge and agree that this Agreement shall be governed by and
construed in accordance with the internal laws of the State of New
York, excluding conflict of laws provisions thereof that would indicate
the application of the laws of any other jurisdiction and you hereby
submit to exclusive jurisdiction in the federal and state courts of New
York. You agree to receive service of process through e-mail, certified
mail or by other means sanctioned by law, and you expressly waive any
claim of improper venue and any claim that such courts are an
inconvenient forum.
General
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement may be
assigned by us, in our sole discretion, to a third party. Section
headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof. The provisions of this
Agreement will survive termination or expiration to the extent
necessary to carry out the intentions of the parties.
Contacting Us
If you have any questions or concerns regarding the Website, please contact us by e-mail at admin / AT / yourflashgames.com.
with www.yourflashgames.com (the "Website"), ("yourflashgames", "we", "our", or "us").
The registration and use of a user account on the Website by you
("user", "you", or "your") is subject to the following Terms of Use (the "Agreement").
Please read this Agreement carefully before proceeding. By creating a
user account, you agree to abide by the terms and conditions set forth
in this Agreement. If you do not wish to be bound by this Agreement,
you are not authorized to create a user account, and shall not be
permitted to post any content to the Website. Additionally, by agreeing
to the terms and conditions herein, you represent and warrant that you
are not a minor in your state of residence and have the right,
authority and capacity to enter into this Agreement.
IF YOU ARE A MINOR IN YOUR STATE OF RESIDENCE, AND ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO CREATE A USER ACCOUNT.
User Content
A. Content; Monitoring. As part of the Website's services, by creating
a user account you will be able to post written content and comments
("Content") to the Website. You shall be the owner of, and shall
therefore have full responsibility for, the content you choose to
submit. You acknowledge and agree that we do not and shall not have any
obligation to review Content, and that we cannot assure that
defamatory, unlawful, or fraudulent Content will not appear on the
Website. However, you acknowledge and agree that we have the right to
examine each submission of Content, and that we may remove, alter,
edit, modify, rearrange or refuse to post any Content that you submit
or post to the Website, in whole or in part, for any or no reason, at
our sole discretion. Furthermore, you agree that we shall not have any
obligation to use, post or display any Content provided by you, at our
sole discretion. B. Personal Information. In order to provide you with
a full range of services, we will collect information from you that
identifies you personally, such as your name and email address. You
agree that such information provided to us is accurate, complete and
current. You agree that you will be the sole user of the account you
create, that it is your information that has been provided to us, and
that you will be responsible for any unauthorized use of your account.
Furthermore, if you discover that an unauthorized person is using the
account to access and post content to the Website, you agree to notify
us immediately, in writing. You agree that, in order to protect our
interests, we have the right to take any and all action available and
permitted by law, including, without limitation, criminal prosecution.
C. Ownership and Intellectual Property Rights. By posting Content to
the Website, you warrant and represent that the Content is original and
owned by you, will not be copied in whole or in part from any other
work (unless authorized by the owner of such work), that the use of the
Content on the Website as contemplated hereunder will not infringe upon
the rights of any person or entity, including without limitation,
copyrights, trademarks, rights of publicity, rights of privacy, trade
secrets, trade dress or other intellectual property rights, and that
you have not entered into any agreements with any third parties that
would interfere with our contemplated use. D. Prohibited Material. You
agree not to post, link to, or otherwise submit to the Website any
Content that: (i) is illegal, fraudulent, defamatory, or libelous; (ii)
infringes any patent, copyright, trademark, right of publicity, right
of privacy, trade secret, trade dress or other intellectual property
rights of any party; (iii) is designed or has the capacity to
interrupt, destroy or limit the functionality of the Website or any
portion or section thereof; (iv) is patently pornographic in nature, in
that it graphically and explicitly depicts sexual acts; (v) promotes
racism, bigotry, hatred or physical harm of any kind against any group
or individual, or which harasses or harms, or advocates the harassment
or harming of another person; (vi) involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or "spamming", or
solicits personal information from other visitors to the Website; (vii)
links to materials or other content, directly or indirectly, to which
the user posting such material does not have a right to link; You
acknowledge that Content posted to this the Website may be subject to
size and usage limitations, and that you are responsible for adhering
to such limitations. E. Right to Use. By posting Content to the
Website, you automatically grant, and represent and warrant that you
have the right to grant, to us a non-exclusive, worldwide, perpetual,
irrevocable, assignable, fully paid, royalty-free, license to use,
copy, modify, adapt, publish, make, sell, create derivative works of or
incorporate into other works such Content, derive revenue or other
remuneration from, communicate to the public, distribute, perform or
display such Content (in whole or in part) and/or to incorporate such
Content in other works in any form, media, or technology now known or
later developed, and to grant and authorize sublicenses of the
foregoing through multiple tiers of sub-licensees, including the right
to exercise the copyright, publicity, and any other rights over any of
the materials contained in such Submissions for any purpose, including
for purposes of advertising and publicity on the Website and elsewhere.
No submission of Content shall impose any obligation on yourflashgames,
whether of attribution or otherwise, and yourflashgames shall not be liable
for any use or disclosure of any such Content.
Intellectual Property
A. Website Content. Copyrights, trademarks, brand names, trade dress
and all other intellectual property rights in and to all content
appearing on the Website, including, without limitation, logos,
displays, pictures, graphics, section titles and text, shall be the
sole and exclusive property of yourflashgames, and shall be protected by the
laws of the United States and/or other countries. You agree not to
reproduce, display, distribute, publish or otherwise exploit the
content of the Website, or any part or portion thereof, for any
commercial purpose, and you agree that your use of the Website shall be
solely for non-commercial purposes. B. Notice and Takedown. The Digital
Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you believe that
your work has been copied and posted on the Website by any other user
in a way that constitutes copyright infringement, please provide our
copyright agent with the following information: (i) an electronic or
physical signature of the copyright owner or of the person authorized
to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing
is located on the Website; (iv) your address, telephone number, and
e-mail address; (v) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement by you, made under
penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or are authorized to act
on the copyright owner's behalf. Any notification by a copyright owner
or a person authorized to act on such copyright owner's behalf that
fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon us actual
knowledge of facts or circumstances from which infringing material or
acts are evident. We suggest that you consult your legal advisor before
filing a notice with our copyright agent. Please note that there can be
penalties for false claims under the DMCA.
Links
We, third parties, and/or other users may provide links to other
websites of possible interest to you. Because we have no control over
unaffiliated websites, you acknowledge and agree that we are not
responsible for the availability of such websites and do not endorse
and are not responsible or liable for any content, advertising,
services, products, or other materials on or available from such
websites. You also acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any content, advertising, services, products, or other
materials on or available from such websites. All such websites shall
be subject to the policies and procedures of the owner of such
websites.
DISCLAIMER OF WARRANTIES
A. YOU ACKNOWLEDGE AND AGREE THAT yourflashgames DOES NOT MAKE ANY
REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS,
COMPLETENESS OR USEFULNESS OF ANY CONTENT (INCLUDING WITHOUT LIMITATION
ANY SUBMISSIONS) APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR
ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION
ANY SUBMISSIONS) APPEARING ON THE WEBSITE OR GENERALLY FOR THE
ACCURACY, RELIABILITY, OR QUALITY OF ANY SUCH CONTENT. yourflashgames DOES
NOT ENDORSE ANY OPINION, ADVICE, OR STATEMENT OR OTHER MATERIAL
CONTAINED IN ANY USER GENERATED CONTENT, AND SUCH CONTENT DOES NOT IN
ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENTS OF yourflashgames. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
yourflashgames OR THROUGH THE WEBITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT. B. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO
CIRCUMSTANCES WILL yourflashgames BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
YOUR RELIANCE ON CONTENT (INCLUDING WITHOUT LIMITATION ANY CONTENT
SUBMITTED BY OTHER USERS) OBTAINED THROUGH THE WEBSITE OR CAUSED BY THE
CONDUCT OF VISITORS TO THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, yourflashgames MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO
YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, yourflashgames DISCLAIMS ANY
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
A. IN NO EVENT SHALL yourflashgames BE LIABLE FOR INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN
CONNECTION WITH YOUR USE OF THE WEBSITE. B. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL
OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN
SECTIONS 4 OR 5 HEREOF MAY NOT APPLY TO YOU.
Indemnification
You shall indemnify, defend and hold us harmless from and against any
actually suffered liability, damages, costs, expenses, fees (including
reasonable attorney's fees) or losses to the extent resulting from
third party claims, suits, actions or complaints arising out of your
breach of this Agreement or representations hereunder. You agree that
under no circumstances will we be liable in any way for the accuracy,
reliability, or quality of any Content, and that you shall hold us
harmless for (i) any errors or omissions in any Content posted by you,
or (ii) any loss or damage of any kind incurred as a result of the use
of any Content posted by you.
Commercial Use
You acknowledge and agree that the Website is for your personal use
only and no portion of the Website may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without our express written consent.
Electronic Communication
When you visit this Website or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
Privacy
yourflashgames is committed to safeguarding your privacy. The terms
regulating the handling of personal information by you in connection
with the Website is described in our Privacy Policy, which can be found
at Privacy
Governing Law; Venue
You acknowledge and agree that this Agreement shall be governed by and
construed in accordance with the internal laws of the State of New
York, excluding conflict of laws provisions thereof that would indicate
the application of the laws of any other jurisdiction and you hereby
submit to exclusive jurisdiction in the federal and state courts of New
York. You agree to receive service of process through e-mail, certified
mail or by other means sanctioned by law, and you expressly waive any
claim of improper venue and any claim that such courts are an
inconvenient forum.
General
If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement may be
assigned by us, in our sole discretion, to a third party. Section
headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof. The provisions of this
Agreement will survive termination or expiration to the extent
necessary to carry out the intentions of the parties.
Contacting Us
If you have any questions or concerns regarding the Website, please contact us by e-mail at admin / AT / yourflashgames.com.
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