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#1 24-11-2010 12:26:21

Dantesan
Solarian
Inscription : 27-01-2010
Messages : 788

TERMS OF SERVICE

TERMS OF SERVICE

Accepting the Terms

These Terms of Service ("Terms") are a legal agreement between Feerik incorporation ("we" or "Feerik") and you ("you"). By using or accessing any Feerik game or application ("Service") you agree to be bound by these Terms. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. Feerik reserves the right, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service. Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel the account you have made using the Service. If you violate the Terms, Feerik reserves the right to issue you a warning regarding the violation or immediately terminate or suspend the account you have created using this service. You agree that Feerik need not provide you notice before terminating or suspending your account, but it may do so. Feerik reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that Feerik may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability. You represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

Intellectual Property/Ownership

All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the French copyright laws and/or similar laws of other jurisdictions. You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Feerik's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, requires express prior written permission from Feerik. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. Feerik and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Feerik. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Feerik, or any derivative works thereof. Feerik grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.

User Content

You agree that you are willingly publishing the content on the Service using technology and tools provided by Feerik. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Feerik. You grant Feerik the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Feerik. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Feerik is not responsible for any files users upload, post, or otherwise make available. Feerik may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Feerik application. By using Feerik you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Feerik will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. Feerik reserves the right to remove and permanently delete any User Content from the Service with or without notice.

Virtual Currencies/Goods

The Service may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") that may require you to pay a fee using "real money" to obtain the Virtual Currency. Virtual Currency can never be redeemed for real money, goods, or any other item of monetary value from Feerik or any other party. You understand that you have no right or title in the virtual in game items or Virtual Currency. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in Feerik's sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. Feerik retains the right to modify, manage, control and/or eliminate Virtual Currency at its sole discretion. Prices and availability of virtual in game goods are subject to change without notice.

Rules of Conduct/Usage

The Feerik Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. Feerik has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Feerik may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Feerik, and these communications should not be considered reviewed or approved by Feerik. Feerik will not under any circumstances by liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Feerik is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

* superfluous subscriptions and the opening of multiple accounts

* post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable

* defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable

* upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers

* violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)

* attempt to obtain passwords or other private information from other members

* improperly use support channels or complaint buttons to make false reports to Feerik

* develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements

* exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage

* violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or

* cheats or hacks for the Service

Disclaimer of Warranty; Limitation of Liability

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Feerik, its officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Feerik makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. In no event will Feerik, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Feerik has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Feerik shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold Feerik, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.

General

By visiting or using the Service, you agree that the laws of France, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and Feerik. Any claim or dispute between you and Feerik that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Montpellier, France, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in France. Feerik reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Feerik following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FEERIK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

PRIVACY POLICY

Feerik incorporation ("we" or "Feerik") is dedicated to protecting the privacy rights of our online users ("users" or "you"). This Online Privacy Policy ("Privacy Policy") has been crafted to inform you as to the ways we collect, store, use, and manage the information you provide in connection with any Feerik game or application ("Service"). Please note that the scope of this Privacy Policy is limited to only information collected from Feerik through use of the Service. By using the Service, you are agreeing to the collection and use of your personal information as outlined in this Privacy Policy. We may amend the Privacy Policy from time to time, and we encourage you to consult the Privacy Policy regularly for changes.

Information Collected and Used

Feerik's primary objective in collecting user information is to provide and enhance the Service and to enable users to easily navigate and enjoy the Service. When you install any of the Feerik games or applications, we may collect and record the information you provide us voluntarily through www.facebook.com ("Facebook") in accordance with the policies and terms of Facebook.

The types of personal information collected in accordance with the activities listed above may vary depending on the activity. This "personal information" is defined as information about you that can be used to contact or identify you. Personal information may include: (1) your name, (2) Facebook user identification number, (3) or email address. Additionally, we may acquire information from you through (1) your access and participation in message boards on the Service (2) your email of a question to our customer support or (3) your purchase of a virtual product of any type. Please note that because a third party site manages the purchases of virtual goods offered by the Service, we do not have access to your credit card details and billing information. Feerik may also invite you to share non-personal information about yourself which may include but is not limited to: (1) your age or date of birth; (2) your gender; (3) information about the hardware you may own; (4) your favorite websites, friend information and fan pages (collectively referred to as "non-personal information"). If non-personal information is collected for an activity that also requires personal information, Feerik may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the quality and value of the Services and to analyze how our Service is used. The Service will also record game play information such as your high scores or game session duration.

In addition to information collected as described above, you may choose to share additional information about yourself throughout the Service, such as in games or on message boards. Any action you perform with other players are considered public, and are your sole discretion. Finally, any time you access the Service, we may collect aggregate information including but not limited to internet protocol addresses, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity. We use this information to better tailor the Service to your interests, to provide you more efficient customer support, and to overall enhance the Service. In all cases of data access and collection, the information you provide will not be disclosed, rented, leased, loaned, sold, or otherwise voluntarily distributed to unaffiliated third parties and will be used solely for the purpose of providing you with and improving the Service.

Other Disclosure of Your Personal Information

You understand and agree that we may be required to disclose any personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, including but not limited to a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of the public. Note that Feerik is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that Feerik may receive. Additionally, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, customer information may be transferred to Feerik's successor or assignee, if permitted by and done in accordance with applicable law.

Cookies

A cookie is a small data file that we transfer to your computer�s hard disk, generally to quickly identify a user's computer and to "remember" things about the user's visit, such as your preferences or a user name and password. The Service sends cookies to your computer when you access or view content of a Feerik game. Information contained in a cookie may be linked to your personal information for purposes such as improving the quality of our service, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service.

Links

The Service may contain links to other websites. The fact that the Service links to a website or presents a banner ad or other type of advertisement does not mean that Feerik endorses or authorizes that third party, nor is it a representation of our affiliation with that third party. Feerik is in no way responsible for the privacy policies of these other websites to which you chose to access from the Service. Please be sure to read the privacy policies of those websites when exiting the Service.

Changing or Deleting Your Information

You may review, update, correct or delete any personal information by changing the applicable information by changing the applicable information in your Facebook profile page. If you completely delete all this information, your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request if we are not legally obligated to retain the record.

Security

We have put in place reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your personal information for improper purposes. Also please note that email and messaging systems are not considered secure, so we discourage you from sending us personal information through these mediums.

Policy Regarding Children

The Service is not geared toward children under the age of 13 and we do not knowingly collect personal information from children under the age of 13. If we learn that a child under 13 has provided us with personal information we will delete such information from our files as quickly as possible.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@feerik.com


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