Terms of Use - MyVirtualKingdom

Terms of Use

Last updated on October 31, 2015.

My Virtual Kingdom, located at www.myvirtualkingdom.com (the “Site”), is brought to you by your friends at i360 Studios, LLC. The terms “we,” “our” and “us” below refer to i360 Studios.

Your access to and use of the Site is subject to the following terms and conditions, including all terms that are incorporated by reference (collectively, “Terms of Use”). Your use is also subject to all applicable laws. Registration is required to use certain Site features.

BY completing a registration OR viewing or USING THE SITE, YOU represent to us that you are of legal age to form a binding contract and HAVE READ, UNDERSTood AND AGREEd TO THESE TERMS OF USE. if you are not of legal age to form a binding contract, your parent or legal guardian represents to us that they have read, understood and agreed to these terms of use and given you permission to use the site.

We may modify these Terms of Use from time to time and the modifications become effective upon posting on the Site. You agree to be bound by any changes to these Terms of Use when you use the Site after a modification is posted. Please review these Terms of Use regularly to ensure you are aware of any changes made. These Terms of Use constitute the entire agreement regarding your use of the Site.

Privacy Policy

Our Privacy Policy is incorporated into these Terms of Use by this reference and your acceptance of these Terms of Use confirms your acceptance of our Privacy Policy. Our Privacy Policy explains the limited personal information we collect and what we do with it.

Site Content

The intellectual property rights in the content we provide on the Site, including without limitation all text, graphics, artwork, photographs, characters, site design, logos, trademarks, icons, images, audio or video clips, code, scripts and software, and their selection, arrangement and compilation (collectively, "Site Content"), are owned by us or our content suppliers. Site Content is subject to copyright, trademark, and other applicable laws of the United States and other countries.

You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit Site Content without our prior written permission. You may not use Site Content for any commercial or competitive purposes or for any purpose that may be harmful or detrimental to the Site or to us.

Trademarks

“i360 Studios” and “MyVirtualKingdom” are our trademarks. They may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission.

User Comments and Feedback

All comments, feedback, suggestions and ideas that you submit to us relating to the Site or Site Content, or your experience using the Site (collectively, "Submitted Ideas"), belong exclusively to us and we may use Submitted Ideas in any medium. We will not be under any obligation to maintain Submitted Ideas in confidence, to pay any compensation for our use of Submitted Ideas, or to respond to any Submitted Ideas.

User Generated Content

We strive to make the Site safe for users of all ages. The Site may provide you and others an opportunity to post commentary, opinions, materials, messages or other information or content (“User Generated Content”). We have implemented automated procedures to filter User Generated Content in a manner consistent with our goals for the Site, but we cannot guarantee that these procedures will eliminate all objectionable content. You must cooperate with us to keep the Site safe and you are responsible for all User Generated Content originating from your userid.

You are strictly prohibited from creating, posting or transmitting any “Prohibited Content,” which is any content that

· is obscene or indecent

· is unlawful

· is threatening, harassing, or offensive

· is harmful to minors

· infringes on or violates any intellectual property, publicity, privacy, contract or other legal rights

· misappropriates any trade secret

· asks for or discloses any person’s private information, including any userid, password, e-mail address, telephone number, address or location, or means of contacting the person

· constitutes advertising or a solicitation

· contains any malicious software code

· impersonates any person or misrepresents an affiliation with any person or business

· references other online games or websites

· disrupts the Site in any manner

Although we assume no responsibility for doing so, you understand and agree that we may review, edit, modify, delete, or reject, with or without notice, any User Generated Content that in our sole discretion constitutes Prohibited Content, otherwise violates these Terms of Use, or is inappropriate for the Site. We will determine in our sole discretion what is and is not allowed on the Site.

Registration and Payment of Fees

Registration and the payment of a fee is required to use certain Site features. If you are under the age of 13, your parent or guardian must complete the registration. You may not use the userid provided to another person during registration without their permission. You are solely responsible for the Site activity that occurs under the userid created during your registration and for keeping your password secure. Fees are nonrefundable.

Code of Conduct

In using the Site, you must not

· violate applicable laws

· use any hacking, scripting or editing program that modifies the Site in any manner

· use any method to view the internals of the Site

· attempt to gain unauthorized access to the Site, another user’s registration, or to Site servers by any means other than the user interface we provide, including, but not limited to, by circumventing or modifying any security features that are a part of the Site

· attempt to gain access to the Site outside of normal operating hours

· attempt to meet other players in person

· attempt to charge any fee to any other player for any purpose

· give away, trade or sell your character

· have more than one character on the Site

· steal from or scam any other player

Protecting Children

We strive to make our Site safe for children. We ask that children under the age of 13 do not submit any personally identifiable information to us. We want you to be aware that parental control protections (including computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material on the Internet that could be harmful to children.

Hyperlinks

You are granted a limited, revocable and nonexclusive right to create a text hyperlink to the Site, provided that

· you do not portray us, the Site or Site Content in a false, misleading, derogatory or otherwise defamatory manner

· the linking site contains no adult content, no illegal content, and no content that is offensive, harassing or otherwise objectionable or that is harmful in any way to children.

We may revoke your right to link to the Site at any time and in our sole and absolute discretion. You may not use our logos or other graphic images to link to the Site without our express written permission. Furthermore, you may not use, frame, or utilize framing techniques to enclose any or our trademarks, logos or any Site Content without our express written permission.

The Site may contain links to third party websites and third party content as a service to those interested in this information. We provide these links as a convenience and a link to a third-party site does not imply our endorsement, adoption, sponsorship or affiliation with the other site or its content. We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of third party site or their content. When you leave the Site, these Terms of Use no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Copyright Complaint Policy

If you believe in good faith that any Site Content infringes your copyright, please notify us in writing. Your notice must include the following

· a clear identification of the copyrighted work you claim is infringed

· a clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material

· your contact information so that we can reply to your complaint, preferably including an email address and telephone number

· the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

· the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."

· the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Notices must be mailed or e-mailed to us to as indicated under the “Comments and Questions” section below.

We suggest that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

LIMITATION OF LIABILITY

THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR AGENTS, AFFILIATES, OR OUR PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE THE SITE OR SITE CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR AGENTS, AFFILIATES, OR PROVIDERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE SITE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

If you become dissatisfied in any way with the Site, SITE CONTENT, or THESE Terms of Use or THE Privacy Policy, your sole and exclusive remedy is to stop usING the Site.

The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

Indemnification

You agree to defend, indemnify and hold us and our employees, agents, affiliates and providers harmless from and against any and all claims, actions, suits or proceedings, and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from claims brought by third parties arising out of or accruing from your noncompliance with these Terms of Use or otherwise arising out of your access to and use of the Site or Site Content.

Applicable Law and Venue

We provide the Site from a hosting location in the United States. If you are attempting to access the Site from a location with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please understand that by using the Site, which is governed by United States laws and these Terms of Use, you may be transferring personal information to the United States and you consent to such transfer and the application of the laws of the United States.

All disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Texas, in the United States, without regard to its conflicts of law principles that might result in the application of laws of another state or country. You agree that in the unlikely event we have a dispute relating to your use of the Site, the dispute will be heard and resolved in a court of competent subject matter jurisdiction located in the State of Texas. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts. If you choose to access the Site from locations other than the State of Texas, you will be responsible for compliance with all local laws of such other jurisdiction.

Severability

If any provision of these Terms of Use is deemed to be void, unlawful or unenforceable for any reason, all other provisions will remain in full force and effect.

Termination

Any use of the Site in violation of these Terms of Use or otherwise in a manner we find objectionable, in our sole discretion, may result, among other things, in the termination or suspension of your right to use the Site.

Comments and Questions