You understand and agree that Thing X may discontinue, and has no obligation to continue providing, any aspect of the Services, or all of the Services in their entirety, at any time in its discretion. To use the Services, you acknowledge and agree that you may be required to (a) have a valid Account (some features of the Services may only be accessible through creation of an Account), (b) download and install certain Software which allows you to use the Services, (c) have an Internet connection or access to a wireless network (which Thing X does not provide and which may impact your ability to access the Services from time to time for reasons outside of Thing X's control), and (d) download and install certain third party software ("Third Party Software") (which Thing X does not provide, which may not work on your computer, game platform or mobile device, and which may impact your ability to access the Services for reasons outside of Thing X's control) and enter into a separate agreement with such third party for access to and use of such Third Party Software.
The following additional terms and conditions apply with respect to our apps designed for use on an Apple iOS-powered mobile device ("iOS Apps"):
(ii) You agree that your license to use iOS Apps provided as part of the Services is limited to apple devices that you own or control and that your use of our iOS Apps shall be subject to the usage rules set forth in Apple's then-current App Store Terms of Service.
(iii) You and Thing X agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS Apps.
(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS Apps.
(v) You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vi) You agree that we, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
(vii) You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(viii) Any questions or inquiries with respect to an iOS App may be directed to Thing X as follows: Cartoon Interactive Group, Inc., 1015 Techwood Drive, Atlanta, GA 30318, (404) 827-1700, email@example.com.
(ix) You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
We may provide Services to you through third party Web sites, platforms and portals, including social networking sites and digital storefronts through which you can license Thing X games and apps (collectively, "Third Party Platforms"). Additional terms and conditions will apply to you with respect to your use of those Third Party Platforms, which are not under Thing X's control. Thing X does not assume any responsibility or liability for your use of such Third Party Platforms.
For the purposes of updating, patching or otherwise modifying the Software, you hereby grant Thing X permission to (a) extract hardware system profile data from your computer or game platform, (b) extract information from your computer's or game platform's file directories pertaining to the Software and your ability to access the Services, and (c) download applicable Software, game content and game files to your computer and game platforms that are used to access the applicable Services.
As part of the Services we provide, you may be able to register for an account ("Account") and to access the Services through your Account by means of an Internet connection or a wireless network (neither of which Thing X provides). You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person's username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. You are solely responsible for providing your own Internet or wireless access, any telecommunication charges or other charges which you incur through access and use of the Services, including without limitation any premium charges and surcharges due to bandwidth consumption, and any taxes payable by you in connection with such access and use. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.
You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent or legal guardian who have rights to access and manage your Account if you are a minor. Selling or renting access to another person to your Account for the purpose of allowing them access to the Services is prohibited. Access to and use of the Services is intended solely for the entertainment, enjoyment and recreation of individual natural persons and not for purposes of corporate, business, commercial, or income-seeking activities. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.
Upon registration for an Account, you must create a password ("Password"). You are responsible for maintaining the confidentiality of your Password and are responsible for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. In no event shall Thing X be held responsible for any damage that occurs to your Account or the attributes of your Account, including without limitation, your characters, possessions, points, rank, badges and status (collectively, "Account Attributes") in the event you disclose your Password to anyone. Nor is Thing X liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account Attributes) as a result of the disclosure of your Password to a third party. You shall not disclose your Password to any third party or allow anyone to use your Password to access the Services or your Account. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the password of anyone else.
In connection with your use of the Services, you agree to adhere to the following rules of conduct:
Thing X does not accept or consider creative ideas, suggestions or materials other than those Thing X has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Thing X 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 Services by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed "End User Content" and shall be subject to Section 7 above. None of the Information shall be subject to any obligation of confidence on the part of Thing X and Thing X shall not be liable for any use or disclosure of any Information.
Thing X respects the rights of all copyright holders and in this regard, Thing X has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Thing X's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Thing X to locate the material;
(4) Information reasonably sufficient to permit Thing X to contact the complaining party;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the DMCA please contact:
Cartoon Interactive Group, Inc.
Attn: Valarie Sewer, Copyright Agent - TEG Legal Dept.
1050 Techwood Drive NW
Atlanta, GA 30318
Phone: (404) 885-0620
Fax: (404) 885-0600
Upon proper receipt of this information from you ("notice") that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. If we determine that the material cited by you constitutes a copyright infringement, we will remove, or "take down" the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA. Do not contact Thing X's DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
Thing X may offer podcast services (the "Podcast Service") consisting of select audio and video files (the "Podcast Content") that may be downloaded to your computer or mobile device. The Podcast Service is a free service offered by Thing X to individual users for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You must use the Podcast Content as provided by Thing X, and you may not edit or modify the Podcast Content or links supplied by Thing X. You may not redistribute the Podcast Content (other than to transfer the Podcast Content from your personal computer to your mobile device). Any use, display or performance of the Podcast Content must not suggest that Thing X promotes or endorses any third party causes, ideas, Web sites, products or services.
The Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. Thing X retains all ownership and other rights in the Podcast Content, and any and all Thing X logos and trademarks used in connection with the Podcast Service. You must provide attribution to the appropriate Thing X Site in connection with your use of the Podcast Service. If you provide this attribution using a graphic, you must use the appropriate Thing X logo that we have incorporated into the Podcast Content.
Use of the Sites is governed by our Privacy Statement which can be located at the home page of www.ThingX.com.
Without limiting our other remedies, we may limit, suspend or terminate the Services and user accounts or portions thereof, prohibit access to our games and Sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
You understand and agree that Thing X shall have the further right to terminate any aspect of the Services, or the Services in their entirety, at any time in its discretion, with or without notice to you. You may cease using any or all of the Services, and/or close your Account, at any time for any reason in your discretion. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
If your right to use the Services, in whole or in part, terminates or expires for any reason, all of your rights to use the applicable Services and Software will cease immediately effective upon such expiration or termination. In the event of such termination or expiration, all Account Attributes associated with your Account will be lost. You hereby understand and acknowledge that there is no guarantee that Thing X shall continue offering access to its Services, in whole or in part, on a going-forward basis. You specifically acknowledge that the time you spend using the Services is being done for your personal entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of your characters and/or Account Attributes during your time using the Services. You further agree that you are not entitled to any form of compensation for the past time you have spent using the Services or for the real or projected value of your Account or any Account Attributes were they to be sold. Nor is Thing X liable for any emotional distress you may suffer as a result of loss of your Account Attributes in the event that either your Account or the Services, in whole or in part, are terminated.
Upon expiration or termination of this agreement and your use of the Services, in whole or in part, for any reason, the applicable licenses and rights granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the applicable Services and Software and (ii) uninstall your copy of the applicable Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer or game platform where you originally installed the Software and double-click on the file entitled uninst.exe; or (y) access the Add/Remove Programs feature of the operating system located on your computer or game platform and follow the instructions to remove the Software.
The appearance of Web sites or external hyperlinks on the Services does not constitute endorsement by Thing X, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and Thing X does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, Thing X is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. As such, neither Thing X nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall Thing X assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, under no circumstances will Thing X be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Web sites.
Thing X welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by Thing X, its affiliates, or any group or individual affiliated with Thing X. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without Thing X's prior written consent.
Thing X is not responsible for any incorrect or inaccurate Materials or End User Content posted on the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services. Thing X is not responsible for the conduct, whether online or offline, of any users of the Services. Thing X assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Thing X is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will Thing X be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, any Materials or End User Content posted on the Services or transmitted to members, or any interactions between users of the Services, whether online or offline. Thing X cannot guarantee and does not promise any specific results from use of the Services.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER THINGX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR SERVICES 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 SITES AND SERVICES EVEN IF THINGX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SERVICES AND EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NON-INFRINGEMENT.
Thing X does not warrant that your access to the Services or Software will be uninterrupted or error-free, that defects will be corrected, or that the servers that make the Services available are free from viruses or other harmful components. Thing X makes no representation or warranty with respect to the accuracy or completeness of the information or content produced or displayed in connection with the Services. Thing X makes no warranty against interference with your enjoyment of the information provided hereunder, or against infringement. No warranty, representation, covenant, express or implied, written or oral, statutory or otherwise, as to the condition, quality, availability, durability, performance, non-infringement, merchantability, or fitness for a particular purpose or use of the Software or Services is given or assumed by Thing X; all such warranties, representations, covenants, undertakings and terms are hereby excluded to the fullest extent permitted by law.
Thing X makes no representation or warranty that the Services and/or Software will operate either fully or in part on any specific computer equipment, game platform or mobile device or with any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology. Thing X makes no representations or warranties regarding the Internet connection or wireless network that may be required for you to Services or regarding any Third Party Software that may be required for you to use the Services.
There may be from time to time failures to have access to the Sites and Services available consistent with the ordinary standards applicable to the on-line information services industry, or caused by scheduled or emergency downtime, reasonable needs for maintenance, repairs and improvements, reasonable failures of equipment, computer programs, and communications networks or devices, and events beyond Thing X's reasonable ability to control, and Thing X shall not be liable for breach of warranty of this agreement in such events.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THINGX BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY RESULTING FROM ACCESS TO, OR USE OF, THE SERVICES OR THE SOFTWARE OR (II) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE SERVICES OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE SERVICES, EVEN IF ANY OF THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE SERVICES.
IN NO EVENT SHALL THINGX'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100). IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN THINGX'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO DISTRIBUTOR, AGENT OR EMPLOYEE OF THINGX IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITION TO THIS WARRANTY.
The Software is further subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Services or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.