Terms of Use

Updated: 15th September 2008

By using this Site, you indicate your agreement with the following terms of use (the "Terms"). These Terms are a legally binding agreement between you and Mediatonic Limited ("Mediatonic").

If you are under 16 years of age, be sure to get your parent or legal guardian to review and discuss these Terms of Use with you.

If you breach these Terms, Mediatonic reserves the right to block your future access to the site or take other appropriate action. Mediatonic has the final say over what represents a violation of this agreement and their decision is final.

Mediatonic reserves the right, at our sole discretion, to change, modify, add to, or delete portions of these Terms at any time and without further notice. If we do this, we will publish the revised Terms on this page and will indicate the date these terms were last revised at the top of this page. Changes and/or modifications shall become effective ten (10) days after posting on the Site ("Effective Change Date"). Your continued use of this Website after the Effective Change Date constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site.

It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.

Mediatonic reserve the right to suspend or end operations or access to the Site, or any portion thereof, when we deem it appropriate.

Registration Data & Account Security

In consideration of your use of the Site, you agree

(a) to provide accurate, current and complete information about you as prompted by any registration forms on the Site ("Registration Data");

(b) to maintain the security of your password and identification;

(c) to maintain and promptly update the Registration Data, and any other information you provide to Mediatonic, to keep it accurate, current and complete;

(d) to be fully responsible for all use of your account and for any actions that take place using your account and

(e) not to engage in any fraudulent behaviour, including the operation of multiple user accounts.

User Generated Content

You are solely responsible for the photos, graphics, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site.

You may not post, transmit, or share content on the Site that you did not create or that you do not have permission to post.

You understand and agree that Mediatonic may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including posts that in the sole judgment of Mediatonic violate this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

For the sake of clarity, users may not post, distribute, or otherwise make available or transmit any data, text, message, code, images or computer files that we deem to be:

Commercial activity: sales or marketing of any kind including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes;
Disrespectful: including but not limited to bigoted, hateful, homophobic, racially offensive, defamatory, abusive, harassing, insulting, threatening, vulgar, obscene, violent, sexually explicit or paedophilic content. Any content that advocates disrespectful behaviour as defined herein;
Destructive: including but not limited to spam, viruses, time bombs, trojan horses, cancelbots, worms or other harmful or damaging material;
Disruptive: including but not limited to flaming, spamming, flooding, trolling, and griefing;
Exploitive: material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
Extraneous: statements that do not generally pertain to the designated topic or theme of any discussion.
Fraudulent: impersonation of any person or entity or misrepresentation of your identity or affiliation with any person or entity;
Hacking: an attempt to gain unauthorised access or exceed the scope of authorized access to the website; or unauthorized interception of the data stream coming from or going into the Site
Instructional information about illegal topics: such as making or buying weapons, violating someone�s privacy, or providing or creating computer viruses;
Inappropriate links: URLs that point to material that is inappropriate for this website, contains content that would be prohibited on this website, or violates the letter or spirit of these terms.
Interfering: with another user's use and enjoyment of the website or any other individual's use and enjoyment of similar services;
Sensitive personal information: disclosure of a person's full name, email address, physical address, date of birth, passwords or phone numbers. Videos, photographs, or images of another person age 18 or older without his or her express written consent or of any minor (regardless of whether you have consent);
Soliciting gambling: or engaging in any gambling activity;
Unlawful: in breech of any right of a third party or any domestic or international law, rule, or regulation (including, but not limited to, copyright, intellectual property rights, rights of privacy or confidentiality);

When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.

By posting content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Mediatonic an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. Mediatonic abhors such unauthorized use but by using the Site you acknowledge and agree that Mediatonic is not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Sites.

User Disputes

You are solely responsible for your interactions with other users. Mediatonic reserves the right, but has no obligation to monitor communications and any disputes between you and other users.

Creative Submissions/Communications

Mediatonic does not accept or consider ideas other than those Mediatonic has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Mediatonic or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the �Information�), the Information shall be deemed and shall remain the property of Mediatonic. None of the Information shall be subject to any obligation of confidence on the part of Mediatonic and Mediatonic shall not be liable for any use or disclosure of any Information. Mediatonic shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, worldwide and without compensation to the provider of the Information.

Right of disclosure in exceptional circumstances

You understand that Mediatonic has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Posts made by Mediatonic employees

Our employees may from time to time express their personal views/opinions in the "Community" area of the Site. Please note that these opinions are their own personal comments and do not necessarily reflect the position of Mediatonic.

Published Statistics

Mediatonic may publish statistics related to the performance of our products (such as number of game plays, visitors, average session length etc) on the site. This data is verified at the time of publishing but due to the dynamic nature of the products these may not represent the most accurate or up-to-date figures. If you wish to refer to these statistics in other communications, you must obtain written permission from Mediatonic management before doing so.

Beta Tests

In its sole discretion, Mediatonic may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to Mediatonic (and to Mediatonic only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to Mediatonic a Confidentiality Agreement for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, Mediatonic may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Mediatonic site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Mediatonic or its associates. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorised use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Mediatonic, and Mediatonic 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 Mediatonic 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.

Upon request, you agree to immediately return to Mediatonic all copies of the pre-release copy and confidential or proprietary information Mediatonic provided to you.

As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, 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" and "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. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.

By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Mediatonic 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 Beta Test process is complete or at any time in the future; (v) Mediatonic�s Terms of Service 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 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.

Privacy

We care about the privacy of our users. Please refer to Mediatonic�s Privacy Policy for more information about how we protect your data. By using the Site, you are consenting to have your personal data transferred to and processed in both the United Kingdom and United States of America.

Disclaimer

Although Mediatonic provides rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.

YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK.

If you are dissatisfied with any of the Materials or Content contained in the Site, or with and of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Under no circumstances will Mediatonic be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site, any Materials or Content posted on the Site or transmitted to members, or any interactions between users of the Sites, whether online or offline. Mediatonic cannot guarantee and does not promise any specific results from use of the Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER MEDIATONIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE EVEN IF MEDIATONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Indemnification

You agree to indemnify, defend and hold harmless, Mediatonic, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Term by you. Mediatonic reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Mediatonic in asserting any available defences.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms, and the remaining portions shall remain in full force and effect.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to this Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law.