Effective as of October 1st, 2015
Any use, reproduction, modification or distribution of the Site, a Game or the Service not expressly authorized by the terms of the Agreements is expressly prohibited.
1. Grant of a Limited License to Use the Site, Game(s) and Service
Subject to your agreement to and continuing compliance with the Agreements, you may use the Site, Game(s) and/or the Service solely for your own non-commercial entertainment purposes by access through a web browser. You may not use the Site, Game(s) or Service for any other purpose, or using any other method.
2. Additional License Limitations
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service in violation of the License Limitations or the Agreements will be regarded as an infringement of F12Games' rights in and to the Site, a Game and/or the Service. You agree that you will not, under any circumstances:
- use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Game experience;
- exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of F12Games; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game;
- use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game or the Service to store information about a character or the game environment; provided, however, that F12Games may, in its sole and absolute discretion, allow the use of certain third party user interfaces;
- host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by F12Games in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
- facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by F12Games;
- violate any applicable law or regulation in connection with your use of the Service; or
- disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
3. Account Eligibility and Registration
In order to create an Account, you must provide F12Games with certain personal information such as your (i) date of birth and country of residence; (ii) first and last (or sur) name; (iii) e-mail address; (iv) password; (v) secret question and answer; and (vi) in some cases, payment and/or billing information (including your address). You also have the option to select a publicly viewable ‘display name’ to be used when participating in posting content in designated forums. When choosing your display name, DO NOT use personal information (for example, your full name, surname or e-mail address) which could be used to identify who you are.
You can access, edit and update your Account information at any time through the Site’s Account Management feature. It is your responsibility to ensure that all information on your Account is truthful, complete, current and accurate. You may not transfer, share or make available (except, as set forth above, to your minor child) your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Site, a Game or the Service without refund (including any charges whether or not authorized by you).
4. Account Security
You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to: (i) immediately notify F12Games of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you secure your Account and computer from third party access. F12Games will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or be required to change your password from time to time.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions on or through the Internet and personal information stored on our Servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
F12Games owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game, or through the Service. Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to F12Games (collectively, “User Content”) shall be deemed, and shall remain, the property of F12Games and/or its third party providers from the moment of creation. Accordingly, you hereby grant F12Games a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User content.
If you upload or transmit any User Content to the Site or through the Service, including through a Chat feature (defined below), you promise that (i) the material is a file of yours that will not violate any right of or require any compensation to any person or entity, (ii) you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution, and (iii) you are eighteen (18) years of age or older. You understand that once you post or transmit any such content, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against F12Games and release F12Games from any and all liability arising from or related to the submission and F12Games' or any third party’s use or transmission of such content.
All contents, games and other information offered on or through the Site are subject to copyright and trademark protections, as detailed in our Legal Notice.
6. No Ownership Rights in Account
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE F12GAMES PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF F12GAMES. F12Games does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.
7. Virtual Items
F12Games owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in a Game or through the Service. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account or stored on the Service. F12Games does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for “real” money, or exchange those items or currency for value outside of the Game. You acknowledge and agree that all virtual items represent a limited license right governed by the terms of the Agreements and are not redeemable for any sum of money or monetary value from F12Games at any time.
8. Account Suspension/Deletion
The Site is intended for a general audience and is not directed or targeted at children under the age of thirteen (13) or twelve (12) years old, in the United States or Europe respectively. F12Games does not intentionally collect personal information from children of such age.
10. Content Screening and Disclosure
F12Games does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are on the Site, playing a Game or using the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect F12Games' legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
11. Code of Conduct
Your use of a Game is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by F12Games, must be adhered to by all players. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and F12Games reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. F12Games reserves the right to modify this Code of Conduct at any time.
Rules Related to Player Aliases, Character Names, Display Names, and Account Labels
Prior to actual Game play, each user will need to select a character name. When you choose a character name, player alias, or otherwise create a label or display name that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If F12Games 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:
- Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master", "Coach", or any other employee or agent of F12Games;
- That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
- Subject to the rights of any other person or entity without written authorization from that person or entity;
- That belongs to a popular culture figure, celebrity, or media personality;
- That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
- Belonging to any religious figure or deity;
- Taken from F12Games' Game(s);
- Related to drugs, sex, alcohol, or criminal activity;
- Comprised of gibberish (e.g., "Qwerty", "Asdfasdf", "YTgops");
- Referring to pop culture icons or personas (e.g. "McLovin", "Kyle Broflovski", "Catwoman");
- That utilizes "Leet" or "Dudespeak" (e.g., "Roflmao", "Roxxurboxx", "Lolzumad"); or
Misspelling or use of an alternative spelling to circumvent the name restrictions listed above or utilizing any name option to harass or disrupt another individual or group will result in disciplinary action taken with respect to the offending account(s) and may result in character deletion. Accounts which have characters deleted due to a violation of this policy are not eligible for reimbursement privileges.
Rules Related to "Chat" and Interaction With Other Users
Communicating on the Site, in a Game or through the Service with other users and F12Games representatives, whether by text, voice or any other method, (collectively, “Chat”) is an integral part of the Game and the Service.
You understand that, by using the Chat features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Chat feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not F12Games, are entirely responsible for all content that you transmit. Under no circumstances will F12Games or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including User Content.
When engaging in Chat, you may not:
- Transmit or post any content or language which, in the sole and absolute discretion of F12Games, 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;
- Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
- 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 available outside of the Game universe;
- 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;
- Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
- Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game or the Site;
- Participate in any action that, in the sole and absolute opinion of F12Games, results or may result in an authorized user of the Game or the Site being "scammed" or defrauded out of in-game currency or any other items that user has earned through authorized game play in the Game; or
- Impersonate any real person, including without limitation any "Game Master", "Coach" or any other F12Games agent or employee, nor may you communicate in the Game or on the Site in any way designed to make others believe that your message constitutes a Server message or was otherwise posted by any F12Games agent or employee.
Rules Related to Game Play
- 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;
- Anything that F12Games considers contrary to or inconsistent with the "spirit" of the Game.
12. Sales Policies
Users of the Site who have an Account may purchase F12Games products and services on the Site or via other online purchase mechanisms as F12Games may offer (the “Store”). Items offered through the Store are for personal use only. We reserve the right to cancel orders that appear to be for commercial or retail use. In the event your order is canceled, we will attempt to notify you using the e-mail address you provided with your order and/or associated with your Account. You hereby agree to receive all notices and records from F12Games in electronic form, and you acknowledge that you will only be entitled to receive notices or records from F12Games in paper form by contacting us directly and making such request.
F12Games' commerce systems use secure socket layer encryption technology when you transmit payment information (e.g. your credit card number) to us. Please be advised that download speeds may vary greatly depending on factors such as your Internet connection and the traffic to our Servers at any particular time.
If you have elected to purchase any Game, product and/or service (including any subscription service) through F12Games' commerce systems, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. You agree to pay all fees incurred by you or anyone using an Account registered to you. You agree to notify F12Games promptly of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to notify F12Games promptly if your credit card expires or is canceled for any reason. After the submission of your order, you will receive an e-mail receipt from F12Games providing details of your purchase. Please print a copy of such e-mail for your records.
If you elect to redeem any promotional code in exchange for any products and/or services, you acknowledge that the applicable promotional code will then be permanently consumed and converted into the purchased product(s) and/or service(s). Unless otherwise specified, the cash value posted on the Store for any product or service being offered for redemption is inclusive of applicable sales taxes.
You may purchase or redeem game time cards which provide you with pre-paid access to F12Games' Game(s) (each sold separately) for a specified subscription period (each a “Game Card”). If we make a Game Card available and you use a Game Card to pay for subscription services through the Store, the Game Card shall enable your subscription service for the period stated on the Game Card and, thereafter, you will either need to provide an additional payment method accepted by F12Games or purchase another Game Card for subsequent subscription periods, or your subscription will be terminated.
F12Games may revise the pricing for the goods and services offered, including without limitation subscription plans for any Game, at any time.
All charges made to your credit card or debits to your account can be viewed by you under the Transaction History section of F12Games' customer Account Management site.
Some Games, content, products and/or services offered on or through the Site or the Service may be offered to you on a fee basis. If you have purchased a subscription-based product or service, each time your subscription comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If you elect to purchase or subscribe to such products and/or services, you warrant that (i) you are the age of majority in your jurisdiction, or, if you are a minor, you have your parent’s permission, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and (iv) that payments will be processed automatically (e.g. charged to your credit card or debited from your account), unless and until you affirmatively cancel the subscription and/or your Account in accordance with its applicable terms. If we are unable to process your credit card or debit your account at a renewal period, your subscription may be terminated immediately and your access to the applicable product or service shall be limited to the use of “free of charge” functions, if any. In the event you cancel your subscription service, F12Games will not refund any fees already paid or owed by you.
ALL SUBSCRIPTION FEES (INCLUDING ANY GAME CARD REDEEMED FOR SUBSCRIPTION SERVICES) ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU AGREE THAT F12GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PRE-PAID TIME WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. No refunds will be made for purchases of virtual goods or items that are downloadable.
Users may contact F12Games' Customer Service team by e-mail by completing the applicable form found at F12Games' Customer Help site.
The Site and the Service, including any Chat features, may provide, and users may include in messages, links to other web sites or resources. F12Games and its third party providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. F12Games and its third party providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.
14. Fan Fiction, Fan Artwork and Fan Sites
F12Games is pleased to hear from its customers and welcomes your comments regarding its Game(s), Site and Service. Unfortunately, however, F12Games' corporate policy does not permit it to consider or accept creative ideas, suggestions or materials other than those which it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by F12Games' professional staff might seem to others to be similar to their own creative work. Accordingly, we must regretfully ask that you not send us any original creative materials, including game ideas or original artwork.
F12Games hereby grants to each subscriber (in good standing) of a Game, such grant to be revoked automatically as of the moment that the subscriber’s account is no longer in good standing, a limited, personal, non-exclusive, non-transferable, non-assignable and fully-revocable license to use (a) the relevant Game title, and (b) trademarks and copyrighted material from the applicable Game, including names and images of non-player characters (NPCs), deities, monsters, geographical locations, items characters, and background art or screenshots containing any of the foregoing, solely to be used for material (for example, so-called “fan fiction” or “fan artwork”) that such subscriber posts to the Site and/or transmits through Chat features in accordance with this Agreement and for no other use.
Solely in connection with your website or web pages dedicated to the Game(s) that F12Games develops, publishes and/or distributes (each a “Fansite”) and subject to compliance with these Terms, we grant you, on a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable basis, permission to reproduce and redistribute certain Game-related assets or content that F12Games may expressly designate “for fansite use” (“Fansite Content”) on your Fansite. You shall not rent, lease, reproduce, modify or create derivative works of or in any way exploit the Fansite Content, except as expressly permitted herein. If you intend to charge a subscription or access fee for your Fansite, we require you to execute a simple license agreement with us; the limited permission granted here does not cover such circumstances. Fansites which quote from the Site or a Game are requested to limit the quote to a paragraph or less and provide a link back to the Site for the full article or message, rather than reproducing the content in its entirety; permission to link from the Fansite to the Site is granted in such circumstances. You agree to include F12Games' trademark, copyright or other proprietary rights notices as provided on the fansite page for the Game referenced, when displaying Fansite Content. You shall not alter or remove any identifying information or copyright management information conveyed in connection with copies of Fansite Content nor challenge F12Games' (or its licensors’) ownership of the Fansite Content nor use or adopt any trademarks that might be confusingly similar to the F12Games trademarks, or otherwise infringe F12Games' (or its licensors’) intellectual property rights in the Fansite Content in any way. Your ownership in the Fansite excludes the Fansite Content and excludes any derivative works based on the Fansite Content. The Fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code.
F12Games reserves all rights, title and interest in and to the Fansite Content which are not expressly granted herein, including the right in its sole discretion to expressly refuse this permission to any particular Fansite or to revoke this permission at any time. Under no circumstances will F12Games be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission.
15. Notification of Infringement
We respect the intellectual property rights of others and request that visitors to the Site and players of our Game(s) do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act (the “Statute”), F12Games has adopted and implemented a policy respecting the copyright law which provides for the termination in appropriate circumstances of users of a Game, the Site or the Service who are found to be engaging in any infringing activity. F12Games may terminate access for content providers or Chat participants who are found repeatedly to provide or post protected content without necessary rights and permissions.
If you believe that your work has been copied and is accessible on the Site or in a Game in a manner which constitutes copyright infringement, you may notify us by providing our copyright agent (specified below) with the following information, in writing, in the form required by the Statute:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works;
- A description of the allegedly infringing material and information sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
- A statement by you that you have 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
- A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Address of Designated Agent to which Notifications of Claimed Infringement should be sent:
Attention: Legal Department
2519 N McMullen Booth Rd. Suite 510-278
Clearwater, Florida 33761
This e-mail address is intended solely for receipt of legal “Notifications of Claimed Infringement” under the Digital Millennium Copyright Act of 1998, as codified in the Statute. It is not intended for general inquiries and permission requests concerning the use of F12Games content.
You understand that online games, and system specifications necessary to play such games, may continuously evolve over time. Accordingly, F12Games reserves the right to modify and/or increase the system specifications necessary to play any Game at any time and without notice. In such case, you and not F12Games shall be responsible for purchasing any necessary additional software and/or hardware in order to access and play such Game(s).
This Agreement is effective until terminated. You may terminate this Agreement by discontinuing your use of the Site, and affirmatively cancelling all accounts, features or services to which you are subscribed. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. You will continue to incur and be responsible for any recurring subscription fees associated with any Game, feature or service until you have affirmatively terminated each such Game account, feature or service in accordance with all applicable terms and end user license agreement(s). F12Games may terminate this Agreement, and/or temporarily or permanently suspend your access to your Account, a Game and/or the Site, effective immediately, with or without notice, in the event of any conduct by you which F12Games, in its sole discretion, considers to be unacceptable or a violation of its Terms. The provisions of Sections 5, 6, 7 and 18-24 shall survive any termination of this Agreement.
18. Warranty Disclaimer
THE SITE, EACH GAME AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. F12GAMES DOES NOT WARRANT THAT THE SITE, A GAME OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, A GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
19. Limitation of Liability
F12GAMES IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE, GAME(S) OR THE SERVICE OR YOUR INABILITY TO USE THE SITE, GAME(S) OR SERVICE. IN NO EVENT SHALL F12GAMES, ITS SUBSIDIARIES, LICENSORS, AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, IN A GAME OR THROUGH THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “F12GAMES PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SITE, A GAME OR THE SERVICE.
F12GAMES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CHAT FEATURES, BY ANYONE OTHER THAN AUTHORIZED F12Games EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE F12GAMES PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER F12GAMES NOR ANY F12GAMES THIRD PARTY PROVIDER ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, A GAME OR THE SERVICE AND NEITHER F12GAMES NOR ANY THIRD PARTY PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH F12GAMES IS TO STOP USING THE SITE, GAME(S) AND SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
In no event shall F12Games's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to F12Games during the six (6) months immediately prior to the time such claim arose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of F12Games and its affiliates shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS F12GAMES, ITS LICENSORS, AND ITS AND THEIR SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE, A GAME AND/OR THE SERVICE OR ANY BREACH BY YOU OF THE AGREEMENTS OR ANY APPLICABLE LAWS, OR YOUR USE OR DISPLAY ON THE SITE OF ANY CONTENT GENERATED BY YOU.
21. Force Majeure
F12Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of F12Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond F12Games's reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
- WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES (INCLUDING MAC ADDRESS, SYSTEM OR CONFIGURATION FILES, CRASH DATA, ETC.) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH A GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 11. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, F12GAMES MAY (I) COMMUNICATE INFORMATION BACK TO F12GAMES, INCLUDING WITHOUT LIMITATION THE ACCOUNT INFORMATION, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (II) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY F12GAMES AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- WHEN THE GAME IS RUNNING, F12GAMES MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY F12GAMES AGREEMENT.
- F12Games may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if F12Games believes that doing so may protect your safety or the safety of others.
- F12GAMES MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that F12Games is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk and with no expectation of privacy.
- You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
- In the event that F12Games sponsors, and you are an eligible participant and winner of, any contest or sweepstakes, you may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by F12Games. F12Games and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
23. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that F12Games would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that F12Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as F12Games may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 24, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
24. Dispute Resolution and Governing Law
- Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and F12Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. F12Games will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to F12Games LLC, 2519 N McMullen Booth Rd. Suite 510-278 Clearwater, Florida 33761, Attention: Legal Department.
- Binding Arbitration. If you and F12Games are unable to resolve a Dispute through informal negotiations, either you or F12Games may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, F12Games will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and F12Games may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and F12Games agree that any arbitration shall be limited to the Dispute between F12Games and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and F12Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or F12Games' intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
- Location. The Site is controlled and operated by F12Games from its offices within the State of Florida, United States of America. F12Games makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Hillsborough, State of Florida, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Hillsborough, State of Florida, United States of America, and you and F12Games agree to submit to the personal jurisdiction of that court.
- Governing Law. Except as expressly stated otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Florida, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Game and/or the Service as supplied by F12Games to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
- Severability. You and F12Games agree that if any portion of Section 24 is found illegal or unenforceable (except any portion of 24(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 24(d) is found to be illegal or unenforceable then neither you nor F12Games will elect to arbitrate any Dispute falling within that portion of Section 24(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Hillsborough, State of Florida, United States of America, and you and F12Games agree to submit to the personal jurisdiction of that court.
Under California Civil Code Section 1789.3, California users of the Site receive 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 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.