IMPORTANT! By playing UNDEAD ASSAULT (hereinafter, the ΓÇ£GameΓÇ¥), you agree to be bound by the terms and conditions set forth below. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY.
The Game you are about to play was developed by Atrix Entertainment, LLC, a Florida limited liability company (ΓÇ£CompanyΓÇ¥), and is provided access to by a third party website provider (the ΓÇ£HostΓÇ¥). This agreement sets forth the terms under which you, as an individual, may play this Game.
Based on the forgoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you and Company agree as follows:
1.NATURE OF AGREEMENT. This Agreement is a legal contract made between you and Company. This Agreement contains the terms and conditions with which you must comply if you wish to play the Game. YOU AGREE THAT BY PLAYING THIS GAME YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. Should you choose to click through to CompanyΓÇÖs website, you must agree to the terms and conditions of CompanyΓÇÖs site, which shall supersede the terms set forth in this Agreement.
2.USERS UNDER 13 YEARS OLD. Parents of children under the age of 13 who wish to allow their children to play the Game are solely responsible for determining whether the content of the Game is appropriate for their child.
3.USE OF GAME. When you play the Game, the Game software, including all files and images contained in or generated by the software, and accompanying data, flash files, shockwave files and other digital files are deemed to be licensed to you by Company, for the duration of gameplay and as long as the Agreement has not been terminated, for your personal, noncommercial, home use only. You further agree that, by playing this Game, you may not engage in any of the following acts: a) harass or threaten other players; b) input/use any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language; c) use memory cheats to alter the running game code in your browser; d) run the same character in more than one browser window; or e) cheat, hack or make any attack on the Game in anyway.
4.OWNERSHIP OF SOFTWARE. Company retains all rights to the Game and all copyright and other intellectual property rights therein, and this Agreement does not transfer to you any title or any proprietary or intellectual property rights in or to the Game, any updates or derivative works thereto, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this Agreement. You may not sell, redistribute, or reproduce the Game, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Game to a human-perceivable form. All trademarks, service marks and logos are owned by Company or its licensors and you may not copy or use them in any manner. The Game is protected by United States laws and international treaty provisions.
5.NO WARRANTIES. Company hereby disclaims all warranties. The Game is provided ΓÇ£As IsΓÇ¥ and ΓÇ£As Available.ΓÇ¥ To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, regarding the Game, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Company does not warrant that the Game will meet your requirements or that game-play will be uninterrupted or error-free. The Game may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of the Game.
6.LIMITED LIABILITY. CompanyΓÇÖs liability to you is limited. To the maximum extent permitted by law, in no event shall Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of HostΓÇÖs website and relationship therein, or use of the Game. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. The negation of damages set forth above is a fundamental element of the basis of bargain between Company and you. The Game would not be provided to you without such limitations.
7.AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials, including that of the Host. Company has no relationship with Host other than through a distribution agreement. Further, Company works with a number of partners, advertisers and affiliates whose Internet sites may be linked with the Site. Because Company does not have control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by these third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
8.INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Game, or your violation of these Terms of Use. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9.GOVERNING LAW. This Terms of Use Agreement shall be treated as though it were executed and performed in Land O' Lakes, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Any cause of action by you with respect to the Game must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Land O' Lakes, Florida. Unless otherwise agreed between you and Company, you expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
10.SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. To the extent that anything in or associated with the Game is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
11.MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions of Use; (b) modify the Game; and (c) discontinue access to the Game at any time. Company shall post any revision to this Agreement to the HostΓÇÖs website, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions of Use and other online policies periodically to be aware of any revisions. You agree that, by continuing to play the Game following notice of any revision, you shall abide by any such revision.
