Manic Frog Inc. (“Manic Frog”, the “Company”, “we”, “us”, “our”) would like to thank you for your visit to www.manicfrog.com (the “Site”).
This document contains the terms of use for your visit and stay at the Site and all Site-related services and products (the “Service”. This Terms of Use (“Terms”, “Agreement”) governs the relationship between the Company and you. Because you acknowledge that you agree to accept and be bound by the terms and conditions in this “Terms” by using the Site and the Service, or accessing any of our games, PLEASE READ AND UNDERSTAND THE TERMS CAREFULLY BEFORE USING THE SITE AND THE SERVICE. If you decide not to agree to the Terms, you may not use the Site and the Service.
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Site under the laws of the United States or other applicable jurisdiction.
We may amend this Agreement, the Privacy Policy, any rules, any guidelines, and any agreement at any time in our sole discretion, and we will immediately publish the amendments and modifications on the Site. You agree to and are responsible for checking the Terms, the Privacy Policy, any rules, any guidelines, and any agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Site and the Services, you are signifying your acceptance of any revised or updated terms.
1. SERVICE
Manic Frog provides high quality online games to our members or visitors or users and various services additionally on the Site and affiliated sites, and owns the Site. Your use of the Site is subject at all times to this Agreement, the Privacy Policy, any rules, any guidelines, and any agreement applicable to our games. All user identities created on the Site are governed by these terms. This includes, but is not limited to, proper in-game and out-of-game conduct. This Agreement is in addition to, and does not in any way replace or supplant, any end-user license agreement that may accompanied the Company and to which the Company software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other our services, affiliate services, third-party content or third-party software.
Except for the personal information, all rights and titles in and to the Site/the Service and in any of our published games (including without limitation any computer code, user accounts, characters, character names, titles, graphics, themes, objects, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, game items and/or other items acquired or created in the Service, methods of operation, moral rights, any related documentation, applets incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by Manic Frog or have been licensed to Manic Frog, and are protected by United States and other international intellectual property laws.
You may not use our intellectual property in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages us. Except as expressly provided herein, we and our licensors do not grant you any express or implied rights, and all rights, title and interest that we have in and to the Service that are not expressly granted by us to you are retained by us.
2. ACCOUNT AND SERVICE REGISTRATION
In order to access and use the Service for any purpose, you will be required to create and to sign up an account (an “Account”). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of this Agreement. If you do not agree to all or any of the terms and conditions of this Agreement, you may not sign up for an Account and you shall not use the Service.
Accounts are available only to individuals 13 years of age or older. If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Terms, you represent that you are 13 years of age or older. Your Account may be used only by you, except that if you are a parent or guardian, you may permit one (1) of your minor children who is 13 years of age or older to use the Account instead of you. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of the Terms and any and all other Company rules, policies, notices and/or agreements. Notwithstanding the foregoing, you shall at all times be responsible and liable for all activities conducted and items obtained through the Account, including, without limitation, all activities which may be conducted and/or items which may be obtained by your child. We hereby disclaim that you are liable for all activities conducted through your Account.
When creating a user identity ("User ID") you agree to (i) provide true, accurate, current and complete information about yourself as requested in the required fields and (ii) promptly maintain and update your information (including your valid e-mail address) to keep true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy. In the event that the Company discovers improper creation of ID, we shall have the right to remove those unverified accounts from its database. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate the Terms and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities. We are not responsible or liable if your Account is hacked or if your Account (or the information contained therein) is otherwise deleted.
You, as creator of your User ID, are completely responsible for your identity. The Company will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID.
The Company is not responsible for any misuse of your User ID, you agree to hold the Company and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.
Your User ID may be deactivated if you do not use it within twelve (12) months after the date that it was created or for any continuous period of twelve (12) months after creation. If you do not use your User ID for twelve (12) or more months, it may be removed and deleted by the Site administrator at their sole discretion. We will use reasonable efforts to notify you by e-mail before we delete your User ID. If you advise us within five days of the notice that you want to keep your User ID active, we will not delete it. If you do not so notify us, your User ID will be permanently deleted, along with your User ID records, ranks and service information.
3. USER INFORMATION
To register an Account, you may be required to provide us with certain information about yourself, including, without limitation, your name, e-mail address, birthday, gender, country of residence, state, zip code. We may also ask you to pick a security question and answer (or security questions and answers) and may collect your IP address and computer's hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Terms and our Privacy Policy, which is hereby incorporated by reference.
4. SERVICE USE
You may use the Service solely subject to the terms and conditions set forth in this Terms. You may use the Software (as defined in the End User License Agreement) to access the Service solely subject to the terms and conditions of the End User License Agreement as well as this Agreement. You understand and agree, however, that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Site, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that the Company is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. The Company does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
5. PRIVACY
You understand that any information provided by you or collected by us in connection with your use of the Service will be used in the manner described herein and pursuant to the terms and conditions of our Privacy Policy, such Privacy Policy being incorporated into and made a part of this Agreement by this reference. If you do not agree to the terms of the Privacy Policy, you may not use the Service. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Service and/or the information contained in your Account will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. Our Privacy Policy, which covers the usage and protection of your personal information, is accessible at <><>http://www.manicfrog.com.
6. LICENSE TO USE
Subject to the terms of this Terms and so long as you remain compliant with such Terms, the Company grants to you, for your personal and non-commercial use only, a non-exclusive, limited, fully revocable, nontransferable license to use the Service, and the content contained therein in conjunction with the Service. You may not (i) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (ii) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof); (iii) create any derivative works from, or in any way exploit such content; or (iv) otherwise use the Software or the Service except as the Company expressly permits in this Terms and the Service
Your use of such content for any purpose other than as expressly permitted in this Terms or the Service is a violation of the intellectual property rights and other proprietary rights of the Company and may subject you to civil liability and/or criminal prosecution under applicable laws.
Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Terms, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to the Company or its licensor(s).
NEITHER THE COMPANY NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
7. Beta Testing
You may be given the opportunity to Beta test new games and Website features. Your participation as a Beta tester is subject to the terms and conditions below.
Closed Beta tests are confidential. The Beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed Beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Beta games. You will carry out the testing personally and not provide access to Beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Manic Frog, and Manic Frog is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta games confidential will continue until Manic Frog publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
As a Beta tester, you are invited to play Beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta games or content that you find here. The Beta games are provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some Beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By playing a Beta game, you agree that: (i) playing Beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) Manic Frog has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these terms apply to your use of the games during the testing phase, and (vi) if it is a closed Beta test, you will keep all information (including but not limited to functions, features, graphics, and screenshots) about the Beta games confidential as stated above and not disclose such information to any other person. Beta test accounts are non-transferable under any circumstances.
8. LICENSE TO THE COMPANY
When you provide content to or create content (the “Works”) using the Service, including all data, text, music, sound, animation, comment, feedback, suggestions, photographs, postings at forums, chat rooms and similar venues on the Site, e-mails and similar information or materials, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable right throughout the world to exercise all copyright, publicity, and other rights you have in the content in any media known now or in the future. Such rights include, without limitation, all rights you have in use, distribution, reproduction, modification, adaptation, creation of derivative works, translation, public performance and public display of the Works. You also hereby waive any moral rights you may have in such content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use. We reserve the right to remove or modify any Works you provide to us or otherwise post on the Site at our sole discretion and without prior notice or any liability to you. You represent, warrant and agree that none of the content you provide to or create using the Service violates any third party’s intellectual property or other rights or is subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure thereof.
All Works published in forums, boards, chat rooms and similar venues on the Site are considered public. Therefore, we strongly recommend that you not publish any personal information about yourself or others on or through the Site. We do not pre-screen or monitor the Works, however, we reserve the right to screen, refuse or move any your Works that is available via the Site. We have the right in our discretion to remove any your Works deemed objectionable or violates the terms hereof.
9. USER CONDUCT
While using the Site and the Service, you should agree to comply with all applicable laws, rules, regulations and basic rules of etiquette and common courtesy. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Site and the Service.
You agree not to take any of the following actions:
(1) Transmit, upload, post, email any content that is unlawful, harmful, harassing, vulgar, tortuous, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
(2) Transmit, upload, post, email any content that infringes our or any third party’s intellectual property or other rights, or that you otherwise do not have permission to transmit;
(3) Transmit, upload, post, email any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(4) Transmit, upload, post, email any material, non-public information about companies without the authorization to do so;
(5) Transmit, upload, post, email any trade secret of any third party;
(6) Transmit, upload, post, email any advertisements, solicitations, chain letters, pyramid schemes, junk mail, spam, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
(7) Impersonate another person (including celebrities) or entity, indicate that you are a Manic Frog employee, representative of Manic Frog (including a Game Master) or attempt to mislead users by indicating that you represent Manic Frog or any of Manic Frog’s partners or affiliates;
(8) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Works transmitted through the Site;
(9) Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service, Site, any game items;
(10) Use the Service, Site, any game items for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;
(11) Stalk or otherwise harass another;
(12) Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual comments and/or cursing;
(13) Take any action that may prohibit other users from enjoying the services of the Site or games;
(14) Interfere the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or the Company employees;
(15) Engage in, encourage, or promote any illegal activity, or any activity that violates the Terms of Service, the Rules of Conduct, or the Privacy Policy;
(16) Conduct any commercial activities without any written agreement with the Company, for example, link to any page of or content on the Site other than the URL located at www.manicfrog.com or provide a link to any web sites that promote any product or service;
(17) Restrict or inhibit any other individual from using the Service, Site, any game items, including, without limitation, by means of "hacking" or defacing any portion of the Service or Site;
(18) Collect or store information about the Service, visitors to the Site or users of the Service without their express consent;
(19) Attempt to obtain a password or other private account information from any other person or user of the Service;
(20) Disclose your personally identifiable information or any other person's or user's personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) on the Site or through the Service, or web sites or forums related to the Site or Service;
(21) "Frame" or "mirror" any part of the Service without our prior written authorization;
(22) Institute an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(23) Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, including, but not limited to, game items;
(24) Modify the Service, Site, game items to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Service or Site;
(25) Engage in using macros (i.e., "macroing"), auto-looting or robot play (i.e., "booting") or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence;
A. Rules Related to Usernames:
When you choose a user name, you must abide by the following guidelines as well as the rules of common decency. If Manic Frog finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of the Service. In particular, you may not use any name: (i) Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of Manic Frog; (ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable; (iii) Subject to the rights of any other person or entity without written authorization from that person or entity; (iv) That belongs to a popular culture figure, celebrity, or media personality; (v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not; (vi) Belonging to any religious figure or deity; (vii) Related to drugs, sex, alcohol, or criminal activity; (viii) Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc); (ix) Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm"); (x) Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman") (xi) That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou") (xii) That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g. , "CorporalTed," or "GeneralVlad"), monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al"). You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
B. Rules Related to Forum Use and Interaction With Other Users.
Communicating with other Users and Manic Frog representatives through channels including but not limited to forum postings on www.manicfrog.com, inside Manic Frog games and services and support channels will henceforth be referred to here as "Chat." When engaging in Chat, you may not: (i) Transmit or post any content or language which, in the sole and absolute discretion of Manic Frog, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
(ii) Carry out any action with a disruptive effect or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat; (iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services (iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services; (v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game; (vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game; (vii) Participate in any action that, in the sole discretion of the Company, "scams" or otherwise defrauds any other player, including with respect to any items that a player has earned or otherwise obtained (e.g., Cash Items).
C. Rules Related to Game Play.
At all times you shall comply with the terms and conditions of this Agreement and the terms and conditions of all Game Rules and Policies provided on the Service, which are hereby incorporated herein by this reference. By playing any of the games provided on the Service, you agree to the Game Rules and Policies applicable to each game, respectively. (i) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
(ii) Conduct prohibited by the EULA or elsewhere in these Terms of Use;
We may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within Manic Frog's discretion, and is based on what we deem best for the community and the Site. By using the Site, you agree you will be bound by the Company's determination as to whether a violation has occurred and any penalty we choose to implement.
10. THIRD PARTY SITES
The Site may contain links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by the Company. By clicking a link, you may direct away from the Site. The Company does not review or endorse or control any third-party linked sites, is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Company offers such links does not indicate any approval or endorsement of any material contained on any linked site. WE STRONGLY RECOMMEND THAT YOU INFORM YOURSELF REGARDING THE PRACTICES OF THIRD PARTY WEBSITES BECAUSE OTHER SITES MAY HAVE DIFFERENT TERMS OF SERVICE AND DIFFERENT PRIVACY POLICIES. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from such web sites is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
11. PAID SERVICES
While using the Manic Frog website, games or related services you may encounter certain areas which may charge fees to access and acquire certain virtual game items or participate in game activities on the Site. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OR THE DISCONTINUATION OF THE SERVICE. We may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Site. Such modifications, amendments or supplements shall be effective immediately upon posting on the Site. If any change is unacceptable to you, you may cancel your account at any time, but we will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges. You may pay for any applicable fees and charges by major credit card, PayPal or other such methods authorized by the Company.
We have no liability for "hacking" or loss of your paid items from your Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any paid items or any experience lost due to your violations of this and any other Company rules, policies, notices and/or agreements.
You understand that any credit card transaction-related information will be treated by the Company in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to the Company or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (or your child, if applicable) resulting from your use of the Service at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions.
The rights granted in the paid Items are a limited license right available for a certain period of time from the date of purchase as specified. Fees may also be charged for the right to use paid Items, and some purchased paid Items may be terminated within a set period of time following the date of purchase, of which the term will be set at the sole and absolute discretion of Manic Frog. Upon expiration, the paid Items will be terminated and removed from your Manic Frog Account without prior notification. Knowledge of paid Item expiration is the sole responsibility of each Manic Frog Member.
We reserve the right, without prior notification, to limit the order quantity on any paid items and/or to refuse to provide you with any paid items. Verification of certain information applicable to a transaction involving a paid item may be required prior to our acceptance thereof. Price and availability of the paid items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the paid items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE) or in return for anything of value (including "real" money) or otherwise.
12. SERVICE INTERRUPTION
We reserve the right to limit, suspend, and interrupt the Services, in whole or in part, from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that we will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
The Services may be limited, suspended, and interrupted for reasons beyond the control of Manic Frog, and Manic Frog cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
Manic Frog reserves the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as the company sees fit in its sole discretion.
We are not be obligated to refund all or any portion of any Account fee (if any), by reason of any limitation, suspension, interruption of the Services by reason beyond the control of Manic Frog.
13. DISCIPLINARY ACTION/ ACCOUNT TERMINATION
MANIC FROG MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
Manic Frog can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of the Company.
You herby acknowledge that the Company has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation.
You have the right to terminate or cancel your Account at any time by delivering written notice to the Company via http://support.manicfrog.com. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or the Company's enforcement or application of this Agreement; (ii) the Works; (iii) your ability to access and/or use the Site; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You may cancel your User ID at any time by delivering notice to the Company via http://support.manicfrog.com. We reserve the right to collect accrued fees and charges and costs incurred by the Company before cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before we may allow you to register again. Manic Frog will not delete the record of activity made on a terminated or cancelled account, including but not limited to forum postings, game chat and support communication with Manic Frog employees and associates.
14. INDEMNIFICATION
As a condition of your access to and use of the Service and/or Site, you agree to defend, indemnify and hold harmless (a) Manic Frog, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, losses, liabilities, claims, costs (including reasonable attorneys’ fees) and expenses that arise directly or indirectly out of or from (i) your access to and use of the Service and/or Site and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, the Privacy Policy, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) the Company’s resolution (if any) of any dispute you have or claim to have with one or more users of the Service and/or Site; (v) your improper authorization for the Company to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that the Company disclose your personal information and other information collected as set forth in our Privacy Policy).
15. ACKNOWLEDGEMENTS
You hereby acknowledge and agree that:
(1) The Company has the right to obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification
(2) The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
(3) The Company has the right to obtain, without notification to you, information from your computer, software, and parts or portions thereof, including, without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats" to gain advantage over other users. We have the right to have our sole determination: (i) enables or facilitates cheating of any type; (ii) allows users to modify or hack the software interface, environment, and/or experience in any way not expressly authorized by us; or (iii) intercepts, “mines”, or otherwise collects information from or through the software. In the event that the software detects an unauthorized third party program, it may communicate information back to the Company, including without limitation your account name, details about the unauthorized third party program detected, and the time and date the unauthorized third party program was detected; and/or and the Company may exercise any or all of its right under this section of the agreement, with or without prior notice to the user.
(4) The Company may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. We may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.
(5) The Company may record your chat sessions and other electronic communication transmitted or received through the game and you consent to such monitoring or logging.
(6) You may not hold the Company responsible for any loss resulting from in-game trading activitities. You may not hold the Company responsible for any information that is passed between players. The Company does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold the Company responsible for any in-game feature or item loss. The Company does not guarantee the availability of any in-game items, any Services or any levels to players
16. DISCLAIMERS
THE SERVICE (INCLUDING THE SITE, THE GAMES, THE GAME ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IT" AND "AS AVAILABLE" BASIC AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, SITE, ANY GAME ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OF BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OF EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT, OR CONVULSIONS.
17. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CASH ITEMS OR VIRTUAL CASH), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that the Company’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that the Company cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
18. NOTICE
(1) Notice for Californian users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
(2) Notice for Minor users
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. A parent’s guide to internet safety is available at http://www.fbi.gov/publications/pguide/pguidee.htm.
19. MISCELLANEOUS
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to principles of conflicts of laws that would result in the application of the law of a different jurisdiction. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Francisco, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with the Company’s prior written consent. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.
20. QUESTIONS AND COMMENTS
The Service is provided by Manic Frog, Inc. If you have any questions, comments or complaints regarding this Agreement, the Service or anything else, please contact us by visiting www.manicfrog.com.
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