CooGame would like to thank you for visiting our website.
stay at www.CooGame.com (or any subsequent URL which may
replace it) and all officially associated websites and micro-sites
operated by CooGame (collectively, the "Website").
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from CooGame, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the Website and you may not have the right to opt out of receiving them.
All rights and titles in and to the Website and in any
of our published games (including without limitation any
user accounts, titles, computer code, themes, objects, characters,
character names, stories, dialogue, catch phrases, locations,
concepts, artwork, animation, sounds, musical, compositions,
audio-visual effects, methods of operation, moral rights,
any related documentation, "applets" incorporated
into the game(s), transcripts of the chat rooms, character
profile information, recordings of game play, and the game(s)
client and server software) are owned by CooGame or have
been licensed to CooGame.
CooGame provides free-to-play, high quality games to our
members. Additional contents are also available on our Website.
By using the Website, you acknowledge that hardware, software
and Internet access play a crucial role in your user experience.
You agree that CooGame is not responsible for any hardware,
software or Internet access or unavailability issues and
you agree to hold us harmless for any such issues. CooGame
does not provide Internet access, and you are responsible
for all fees relating to telephone and Internet access charges
along with all necessary equipment, servicing, repair or
correction incurred in maintaining connectivity to the servers.
We will require that you confirm that you are 18 years of age or older to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
You, as creator of your User ID, are completely responsible for your identity. CooGame will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID.
CooGame is not responsible for any misuse of your User
ID, you agree to hold CooGame and its affiliates harmless
for any improper use of such identity including, but not
limited to, improper use by someone to whom you revealed
of your personal information, is published on the Website,
currently at http://www.CooGame.com/support/Privacy_Policy,
and is incorporated herein by this reference.
Subject to the terms of this Agreement, CooGame grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the services offered by our Website, including access to our games (the "Services"), and a non-exclusive, revocable, nontransferable license to use any client software (the "Software") in connection with the Services, without charge.
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to CooGame or its licensor(s).
NEITHER CooGame NOR ITS LICENSORS HAVE ANY LIABILITY OF
ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE
(INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE),
AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION,
ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES
'Submissions' means all data, text, music, sound, photographs, comments, feedback, suggestions, postings at forums and similar venues on the Website, e-mails and similar information or materials that you submit to CooGame regarding the games and services of CooGame or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of CooGame upon submission. You agree to assign and grant to CooGame an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you.
You acknowledge that you are solely responsible for the Submissions that you provide and for managing your User ID. You, and not CooGame, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. CooGame shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website.
All materials published in forums and similar venues on the Website are considered public. Therefore, CooGame strongly recommends that you not publish any personal information about yourself or others on or through the Website. As a matter of policy, CooGame does not pre-screen or monitor any Submissions. However, CooGame reserves the right to screen, refuse or move any Submission that is available via the Website. CooGame has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof.
Except as expressly stated and agreed upon in advance by
CooGame, no confidential relationship will be established
in the event any user of this Website should make any oral,
written or electronic communication to CooGame (such as
feedback, questions, comments, suggestions, ideas, etc.).
If any CooGame Website requires or requests that such information
be provided, and that such information contains personal
identifying information (e.g., name, address, phone number),
CooGame shall obtain, use and maintain it in a manner consistent
any information submitted therewith will be considered non-confidential,
and CooGame will be free to reproduce, publish or otherwise
use such information for any purposes including, without
limitation, the research, development, use or sale of games
or services incorporating such information. You are fully
responsible for the content of your communications, including
its truthfulness and accuracy and its non-infringement of
any other person's proprietary or privacy rights.
You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. CooGame will not tolerate any illegal or offensive conduct.
You agree not to take any of the following actions:
(a) Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, an CooGame official, forum moderators, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website;
(e) Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(f) Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
(h) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(j) 'Stalk' or otherwise harass another;
(k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above;
(l) Impede the flow of chat in game and in forums with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) 'spamming' or any other disruptive or detrimental methods in an attempt to disturb other users or CooGame employees;
(n) Take any action that may prohibit other users from enjoying the services of the Website or games.
CooGame may take any actions and impose any penalties we
deem necessary to discourage and punish any violation of
these terms or any other illegal or inappropriate conduct,
all without prior notice or warning. The determination as
to whether a violation has occurred and who is responsible
for such act is solely within CooGame's discretion, and
is based on what we deem best for the community and the
Website. By using the Website, you agree you will be bound
by CooGame's determination as to whether a violation has
occurred and any penalty we choose to implement.
Clicking a hyperlink may direct you away from the Website. CooGame does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. CooGame therefore strongly recommends that you inform yourself regarding the practices of third party websites.
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Website,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. You agree that CooGame shall not be responsible
or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the
presence of such advertisers on the Website.
The games are designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by CooGame, including but not limited to the use of 'bots' and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games, except that you may use the Software to the extent expressly permitted by this Agreemen. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any game accounts, characters, items, coin or copyrighted material, nor may you assist others in doing so.
You may be given the opportunity to Beta test new games and Website features. Your participation as a Beta tester is subject to the terms and conditions below.
Closed Beta tests are confidential. The Beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed Beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Beta games. You will carry out the testing personally and not provide access to Beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to CooGame, and CooGame is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta games confidential will continue until CooGame publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
As a Beta tester, you are invited to play Beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta games or content that you find here. The Beta games are provided for testing on an 'as is', 'as available' basis and we make no warranty to you of any kind, express or implied.
By playing a Beta game, you agree that: (i) playing Beta
games is at your own risk and that you know that the games
may include known or unknown bugs, (i) any value or status
indicators that you achieve through game play may be erased
at any time, (iii) CooGame has no obligation to make these
games available for play without charge for any period of
time, nor to make them available at all, (iv) these games
may be available only by subscription once the testing process
is complete or at any time in the future; (v) these terms
apply to your use of the games during the testing phase,
and (vi) if it is a closed Beta test, you will keep all
information (including but not limited to functions, features,
graphics, and screenshots) about the Beta games confidential
as stated above and not disclose such information to any
other person. Beta test accounts are non-transferable under
Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. CooGame may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but CooGame will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges.
You may pay for any applicable fees and charges by major
credit card, PayPal or other such methods authorized by
(a) CooGame reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that CooGame will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Services may be interrupted for reasons beyond the control of CooGame, and CooGame cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. CooGame shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(c) CooGame has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.
(d) CooGame is not be obligated to refund all or any portion
of any Account fee (if any), by reason of any interruption
of the Services by reason of any of the circumstances described
in paragraph (a), (b), or (c).
CooGame MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
CooGame can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of CooGame.
For the avoidance of doubt, you herby acknowledge that CooGame has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation.
You have the right to terminate or cancel your Account at any time by delivering notice to CooGame. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or CooGame's enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You may cancel your User ID by delivering notice to CooGame.
In addition, you are responsible for any fees, charges and
costs incurred to third-party vendors or content providers
before your cancellation. In the event your User ID is terminated
or canceled for any reason no refund will be granted, no
online time or other credits (e.g., points in an online
game) will be credited to you or converted to cash or other
form of reimbursement, and you will have no further access
to your User ID. Any delinquent or unpaid accounts or accounts
with unresolved disputes must be settled before CooGame
may allow you to register again.
At CooGame's request, you agree to defend, indemnify and
hold harmless (a) CooGame, (b) its shareholders, partners,
affiliates, directors, officers, subsidiaries, employees,
agents or suppliers, (c) its licensees, distributors, content
providers, and (d) other members of the Services, from all
damages, liabilities, claims and expenses, including without
limitation attorneys' fees and costs, arising from or related,
directly or indirectly, to any misuse of the Services or
breach of this Agreement by you.
You hereby acknowledge and agree that:
(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN 'UNAUTHORIZED THIRD PARTY PROGRAM' AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY 'ADD-ON' OR 'MOD', THAT IN CooGame'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY CooGame; OR (iii) INTERCEPTS, 'MINES', OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO CooGame, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND CooGame MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
(b) WHEN THE SOFTWARE IS RUNNING, CooGame MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
(c) CooGame may, with or without notice to you, disclose your Internet Protocol (IP) address (es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. CooGame may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.
(d) CooGame MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
(e) You may not hold CooGame responsible for any loss resulting
from in- game trading activities. You may not hold CooGame
responsible for any information that is passed between players.
CooGame does not guarantee the safe keeping of information
that is passed between players and will not be held responsible
for any resulting losses or consequences arising from the
improper use of said information. You may not hold CooGame
responsible for any in-game feature or item loss. CooGame
does not guarantee the availability of any in-game items,
any Services or any levels to players.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. CooGame AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) CooGame AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CooGame AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF CooGame HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING
TO THE WEBSITE. Some states do not allow the foregoing limitations
of liability, so they may not apply to you and in such a
case you agree that CooGame's (or any such other released
parties) liability to you shall be limited to the maximum
extent permitted by law. You agree that CooGame cannot be
held responsible or liable for anything that occurs or results
from accessing or subscribing to the Services.
Thank you again for visiting our Website. We hope you enjoy
your stay and take full advantage of the online community
we are publishing. Please remember that you are a guest
at the Website and act with the same courtesy and respect
you expect from other guests. CooGame always reserves the
right to refuse or terminate service.