Electrolab Terms of Service
THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
This is the official Terms of Service Agreement ("Agreement") for the games and applications owned and operated by Electrolab, Inc. that may be accessed through an Electrolab, Inc. owned web site, facebook.com or via other third party web sites (collectively the "Service"). These terms and conditions regarding your use of the Service constitute a legally binding agreement between you and Electrolab, Inc. and your use of the Service constitutes acknowledgement that you understand and agree to abide by the terms of this Agreement.
The words "use" and/or "using" in this Agreement mean any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with, the Service, or in any way utilizes, benefits, takes advantage of or interacts with any function, content, application or feature of the Service, for any purpose whatsoever.
2. Ownership of Intellectual Property
The contents of this Service, including all Service software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Applications, proprietary information and all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Electrolab, Inc.
3. Rules of Conduct
Your use of the Service is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Service, or knowingly condone use of this Service by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
- unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information or intercept or alter any TCP/IP packet connected with Service for any reason;
- abuse "loopholes" in the game, for the purposes of advancing game progress faster than a typical player would, for example, creating false accounts so that rewards can be exchanged or modifying service-related network packets or URLs;
- disrupt the normal flow of the Service with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in the Service;
- contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Service, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights of use and enjoyment of the Service by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Service, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
4. Limited Non-Commercial License To Use Service
Electrolab, Inc. hereby grants you a limited license to use the Service only for the purposes of accessing, viewing or playing content, posting or submitting User Material, placing product or virtual-content orders, or for accessing information, Applications and services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Electrolab, Inc.
5. User Communication and Postings
Your comments, suggestions and information are important to us. Portions of this Service may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities and may provide you the opportunity to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Material.
You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Service.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Service and Electrolab, Inc. to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Service and Electrolab, Inc. the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations.
6. Actions We May Take To Enforce This Agreement
We reserve the right at any time, for any reason, and without limitation to: (a) monitor, edit, or remove Postings; (b) refuse to allow you to Post; (c) revoke your right to use the Service; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Service.
7. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SERVICE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service, including, without limitation, Postings and Materials associated with your use of the Service.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SERVICE, ELECTROLAB, INC. OR ITS RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY ELECTROLAB, INC. OR ITS AGENTS SHALL BE, AT ELECTROLAB'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON ELECTROLAB, INC.; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO ELECTROLAB, INC. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SERVICE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT ELECTROLAB, INC. OR ITS AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SERVICE.
You agree to indemnify, defend and hold the Service, Electrolab, Inc. or any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
10. CHOICE OF LAW
This agreement shall be interpreted under the laws of the State of Washington. Any litigation under this agreement shall be resolved in the trial courts of King County, State of Washington.
This Terms of Service Agreement was last modified on August 26th, 2011.