Updated June 26, 2012
This Website is provided by FlowPlay, Inc. dba ourWorld, and its affiliates and subsidiaries (collectively referred to herein as "ourWorld" or "we," "us," "our" or other similar pronouns). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred to or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
This User Agreement is a legally binding agreement between You ("You" or "Your") and ourWorld. It sets forth the terms and conditions under which ourWorld offers:
● 1.to permit You to access, via the internet, file servers owned or operated by ourWorld comprising the ourWorld game service (the "Website") and exchange data with the Website solely for the purpose; and
● 1.to permit You to use the computer games owned or licensed to ourWorld ("Games") available from the Website all solely for Your own personal entertainment.
● 1.to permit You to access to materials and other items relating to ourWorld and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, games, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented.
PLEASE READ THIS DOCUMENT CAREFULLY. YOU MAY NOT ACCESS OR USE THE WEBSITE OR GAMES UNLESS YOU AGREE TO THESE TERMS.
IF YOU CHOOSE NOT TO ACCEPT THE TERMS OF THIS AGREEMENT OR BY TECHNICAL MEANS BYPASS, DISABLE OR CIRCUMVENT THE "I ACCEPT" BUTTON AND ACCESS OR OTHERWISE USE ANY OF THE WEBSITE OR GAMES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND MAY, IN ADDITION, BE LIABLE FOR DAMAGES UNDER 12 U.S.C. ÃÅ¸1201 AND OTHER APPLICABLE LAWS.
Once You have agreed to the terms of this User Agreement You will need to create an account ("Account") so that You can access the Website. To do this You must (a) download the Flash front-end software which permits You to set up an Account on the Website; (b) and establish (and maintain) a valid Account.
When You sign up for an Account, You will be required to choose a character name. While You may choose any names for this purpose, they may not already be in use by other ourWorld users, violate any other person's intellectual property rights, or be indecent, obscene, or otherwise violate standards of good taste. ourWorld may, in its sole discretion, reject any name that it believes is inappropriate or violates the rights of another party and reserves the right to invoke the "safe harbor" provision of the Digital Millennium Copyright Act (17 U.S.C. 512(c)) concerning the removal of copyrighted or trademarked materials from the Website or related websites.
In addition to Your player name, You must also select a password ("Password") in order to create Your Account. You are responsible for maintaining the confidentiality of Your Password. You may not allow anyone to use Your login and/or player name or Your Password to access the Website or Your Account, or to play the Games and may not share Your Account with anyone. You are responsible and liable for all activities conducted through Your Account regardless who conducts them and for any damage that may result from the use of Your Account or Passwords.IN NO EVENT SHALL ourWorld BE RESPONSIBLE FOR ANY DAMAGE THAT OCCURS FROM ANOTHER PERSON USING YOUR ACCOUNT.
In using this Website, you must respect the intellectual property rights of ourWorld and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
All Content is copyrighted, and it is either owned or used with permission by ourWorld. ourWorld disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of ourWorld or third parties not owned by or affiliated with ourWorld.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. Nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
ourWorld respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure For Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Website are owned by ourWorld and third parties, and this Website's trade dress is owned by ourWorld (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by ourWorld are the property of their respective owners, and are used by ourWorld with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark without the express written permission of ourWorld or the third party rights holder.
4. User Information
5. Your Communications to ourWorld; ourWorld Rights to Your Submissions
ourWorld likes to hear from you. However, in your communications with ourWorld, please keep in mind that, unless ourWorld specifically requests them, ourWorld does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way, and ourWorld does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted by you to ourWorld via this Website or by fax, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and ourWorld will not assume any responsibility, obligation, or liability for them or for ourWorld's receipt or non-receipt of them. ourWorld may delete or destroy Your Submissions at any time. ourWorld's receipt of Your Submissions is not an admission by ourWorld of their novelty, priority, or originality, and it does not impair ourWorld's right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to ourWorld, you grant ourWorld a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by ourWorld in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Website or otherwise, satisfy any legal requirement that such communications be in writing.
6. Membership and Online Shopping
This Website and other ourWorld websites may offer online capabilities to purchase services (such as memberships). You must be 18 years of age or older to make any such purchases. If we do make available online stores on this Website, such online stores may provide more information on delivery, returns, and other sales policies. As to products and services that may be featured on this Website, please note that we make every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. Certain products or services that may, from time to time, be featured on or through this Website may be subject to additional terms and conditions, which may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.
A. No Purchases by Minors
By ordering a product or service online from ourWorld, you represent that you are 18 years of age or older. If a purchase is made by a minor, ourWorld is under no obligation to offer a refund but may do so at its discretion.
B. Membership Fees
n the event you choose to use paid aspects of the Website you agree to the posted pricing and billing policies on the Website.
Certain aspects of the Website are provided for a fee or other charge. These fees and charges are described on the Website, and in the event you elect to use paid aspects of the Website, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted. ourWorld may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.You may cancel your account at any time; however, there are no refunds for cancellation.
ourWorld has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this User Agreement, and/or refuse any and all current or future use of the Website without notice or liability to you. In the event that ourWorld suspends or terminates your Account or this User Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
7. Use Restrictions
You agree that, while accessing or using this Website, you will not:
● Use this Website for commercial, business, income-seeking purposes or for any other purpose other than Your own personal entertainment.
● Monitor, gather, obtain, use, access or copy Content or information on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind, or any other automatic means of accessing, logging-in to or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any of the Website's services;
● Frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout);
● Use any meta tags or any other "hidden text" utilizing any Trademarks;
● Use the Website or the services or features made available on the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
● Distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any information accessible through the Website, including without limitation, any part of the Software, Games or User Content, or any item, object, or character associated with Your Account, or Your rights to access and/or use the System.
● Reverse engineer, disassemble or decompile or otherwise attempt to derive code from any information accessible through the Website or permit any third party to do so.
● Communicate or cause to be communicated to or through the Website any User Content which (a) infringes the intellectual property, proprietary, privacy or publicity rights of any third party; (b) violates any law or regulation; (c) is defamatory, indecent, obscene, child pornographic or harmful to minors; or (d) contains any viruses, trojan horses, disabling code, worms, time bombs, "clear GIFs", cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally-identifiable information.
● Create or provide any other means through which the Website may be accessed and/or the Games may be played by others, as, for example, through server emulators, whether for profit or not.
● Engage in any conduct that results in an Account containing items, objects, currency, character attributes, rank, or status that are inappropriate for the level or rank of the character contained in the Account, including without limitation to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the Website to acquire, items, currency, objects, character attributes or beneficial actions not actually acquired or performed in the Games.
● Use macros or other stored rapid keystrokes, "dupes," "cheats" or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary Game play.
● Transfer, sell or auction, or offer to transfer, sell or auction, or buy or accept any offer to transfer, sell or auction, any game content, including (without limitation) characters, character attributes, items, currency, objects, or encourage or induce any other game player to participate in such a prohibited transaction outside of the tools provided by ourWorld developed for these transactions.
8. Community Areas; Chat Services; Code of Conduct
ourWorld may offer various community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, unless otherwise expressly stated by ourWorld in connection with a particular feature, ourWorld will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although ourWorld reserves the right to do so in its sole discretion in connection with any service or feature. ourWorld does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you submit or post to this Website, you represent and warrant to ourWorld that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature you agree that you shall not:
● upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.);
● contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
● upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Website that we may expressly designate for such purposes;
● engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
● disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Website, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
● impersonate any person or entity, whether actual or fictitious, including, without limitation, an ourWorld official, employee or representative, or falsely state or otherwise misrepresent your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using logos, names, trademarks, service marks, meta tags, addresses, symbols, or other identifiers that you do not have the legal right to use;
● modify, obscure, or eliminate the ourWorld frame set, banner advertising, or any other content or information that originates from ourWorld;
● promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals. This includes, but is not limited to, providing instructions on how to assemble bombs and any other weapons, and creating Crush websites;
● collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;
● interfere with or disrupt the Website or any services or features thereon, or servers or networks connected to the Website, or violate any requirements, policies, regulations, or procedures of networks connected to the Website;
● disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
● provide links to websites, networks, content, or resources that themselves violate the letter or spirit of this User Agreement, or promote the violation of this User Agreement or make available tools or information whose primary use constitutes a violation of the letter or spirit of this User Agreement;
● use your web pages or other personal features or areas of the Website as storage for remote loading or as a door or signpost to another web page, whether inside or outside a ourWorld website; or
● interfere with the operation or design of any elements that ourWorld may add to users' pages or other personal features or areas of the Website, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
ourWorld reserves the right, in its sole discretion, to adopt and post additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. ourWorld also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on this Website that violate this User Agreement and to deny access by any user to this Website.
You may be able to create an account on our Website with a character name and password. PLEASE REMEMBER TO MAKE UP A CHARACTER NAME THAT DOES NOT DISCLOSE YOUR PERSONAL IDENTITY. You are responsible for maintaining the strict confidentiality of your account password, and you shall not share your password with anyone else, nor allow others to use your Account, password or other account information.
It is important to remember that information and content submitted to a forum, such as a chat service, may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them eventually.Â If you elect to participate in a chat service that enables you to correspond with other participants of such chat service, some of your account information and other materials that you provide, such as your username, may be shared with other participants of the chat service. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Website or through these chat services. Because of the anonymity provided by usernames, you may not know at all times who you are interacting with in certain chat services. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to our public forums and community features.Â ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
While using the chat services or other community features, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content.Â ourWorld will not be liable, and we disclaim all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Website, whether that content is posted to, downloaded from, or otherwise made available through the Website by ourWorld, you, another user, or any other third party.
We encourage you to report to us, at support@ourWorld.com, any suspected violations of this User Agreement or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features.
9. ourWorld "Currency"
ourWorld "Currency" is a limited license right available for purchase or free distribution at ourWorld's discretion, and is not redeemable for monetary value from ourWorld.
You acknowledge that the Website presently includes a component of in-world fictional currency ("Currency" or "Flow" or "Coins"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by ourWorld. ourWorld may charge fees for the right to use Currency, or may distribute Currency without charge, in its sole discretion. Regardless of terminology used, Currency represent a limited license right governed solely under the terms of this User Agreement, and are not redeemable for any sum of money or monetary value from ourWorld at any time. You agree that ourWorld has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that ourWorld will have no liability to you based on its exercise of such right.
In some cases there may be methods by which You may be granted Currency through mechanisms created by ourWorld. ourWorld reserves the right to remove Currency from your account at its sole discretion should it determine that said grants of Currency were inaccurately awarded or for any other reasons it deems necessary. ourWorld also assumes no responsibility for any malfunction with its software, which might result in the loss of Currency.
Should ourWorld find it necessary to discontinue operations, it is under no obligation to offer any type of compensation for Currency or other Items that have been acquired through the use of the Site. ourWorld is provided purely for entertainment purposes.
Purchases of Currency must be used by you within one (1) year of the date of receipt. If you do not redeem your Currency within one (1) year of the date of receipt, and you still have an active account you may be offered an opportunity to convert any unused Virtual Currency into Virtual Items, or we may convert unused Virtual Currency into Virtual Items for you as determined by ourWorld in its sole discretion. All Currency and Virtual Items are forfeited if your account or access to the Services is terminated or suspended for any reason, in ourWorld's sole and absolute discretion, or if ourWorld discontinues availability of the Service or if you fail to login to ourWorld for any ninety (90) day period.
Currency may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
10. Investigations; Cooperation with Law Enforcement; Termination; Premium Services
ourWorld "currency" is a limited license right available for purchase or free distribution at ourWorld's discretion, and is not redeemable for monetary value from ourWorld.
ourWorld reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on this Website, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, (e) delete or modify any content on the site, including any materials or items you may have acquired through your use of this Website, and (f) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever. Your purchase of certain ourWorld products may include a subscription to additional features on the Website. In addition, ourWorld may offer subscriptions to such additional services for sale. If you have purchased a subscription to any additional services, or a product that entitles you to a subscription, you will not be able to access them once your subscription expires.
11. License to ourWorld
From time-to-time, ourWorld may require access to Your computer or Account in order to gain information to improve the performance of the Website or the Games or to confirm Your compliance with the terms of this Agreement. You hereby grant ourWorld permission to (a) extract hardware system profile data from Your computer; (b) extract any data related to operation of the Website or Games from any computer that logs on to the Website using Your Account.
12. Privacy and Security Measures
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. Ã¢ÂÂ We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to ourWorld. Nevertheless, we cannot guarantee complete security of personal information.
Note to International Visitors:
13. Disclaimers of Warranties
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES THEREON ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THIS WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE WEBSITE AND SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ourWorld OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. Some jurisdictions may not permit the disclaimers contained in this paragraph, so some of the disclaimers in this paragraph may not apply to you.
14. Limitation of Liability
WE WILL NOT BE LIABLE, AND WE DISCLAIM ALL LIABILITY, IN CONNECTION WITH ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE WEBSITE OR SERVICES THEREON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT ON THE SERVICES OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY MODERATOR WHO IS NOT EMPLOYED BY ourWorld); OR (E) ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTIES. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. Some jurisdictions may not permit the limitations of liability contained in this paragraph, so some of the limitations in this paragraph may not apply to you.
15. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with ourWorld or cause confusion among consumers, (d) the links and related content on your site do not portray ourWorld or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
16. Links on this Website to and from Other Sites
17. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). ourWorld disclaims all liability in connection with therewith.
18. Procedure for Alleging Copyright Infringement
ourWorld will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
1. a legend or subject line that says: "DMCA Copyright Infringement Notice";
2. a description of the copyrighted work that you claim has been infringed;
3. the URL of the site and a description of where the material that you claim is infringing is located on that site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
7. your electronic or physical signature.
ourWorld will only receive DMCA notices by mail, e-mail, or facsimile at the addresses below:
By Mail: FlowPlay, Inc. dba ourWorld
Attention: Legal & Business Affairs
ourWorld may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and ourWorld may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone ourWorld at 206-219-0537.
19. General Provisions
You agree to indemnify, defend, and hold harmless ourWorld (which includes ourWorld's affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
ourWorld may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. ourWorld may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
ourWorld controls and operates this Website from its headquarters in Seattle Washington in the United States of America, and ourWorld makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although ourWorld products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
D. Applicable Law; Disputes
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 ourWorld from its offices within the State of Washington. 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. ourWorld makes no representation that Content on the Website is 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.
This User Agreement, accepted upon use of the Website and further affirmed by becoming a registered member or submitting Content to the Website, contains the entire agreement between you and ourWorld regarding the use of the Website and supersedes all prior understandings related to the Website.
ourWorld may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and ourWorld may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone ourWorld at 206-219-0537.