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You are about to enter into a binding contract. Please read this document carefully. You may not access the FusionFall system or play the FusionFall game unless you agree to the terms contained herein. This end user access and license agreement ("EUALA" or "Agreement"), as the same may be amended from time to time in accordance with the terms contained herein, describes the terms and conditions under which Cartoon Interactive Group, Inc. ("Cartoon Interactive," or "we" or "our") offers the user ("you") the following computer information services: an account allowing you to access, via the Internet, an information processing system by which Cartoon Interactive creates, generates, stores, displays and processes electronic information fixed on Cartoon Interactive's computer file servers comprising Cartoon Interactive's proprietary online game known as "Cartoon Network Universe: FusionFall" (such game and all interactive features, forums, chat rooms, Web sites and services associated therewith collectively referred to herein as the "Game"), and certain rights to exchange information with Cartoon Interactive's System, and to use, such information for your personal entertainment purposes only. In addition, this EUALA sets forth the terms and conditions on which Cartoon Interactive offers you a license to use certain software applications created by Cartoon Interactive and its licensors to enable interaction with Cartoon Interactive's System and to play the Game. If accepted by you in the manner described herein, the then-current version of this EUALA shall apply each and every time you access Cartoon Interactive's System or play the Game.
You agree and acknowledge that this EUALA is supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge by clicking through "I have read and accept the EUALA." Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use and enjoyment of the System and the Game and all features thereof, and your receipt of data, materials and information available at or through the System.
By clicking through "I have read and accept the EUALA" where indicated, you accept the terms and conditions set forth in this EUALA, as the same may be amended from time to time. If you do not click through "I have read and accept the EUALA" where indicated, you decline our offer, and you will not be able to access the System, download and install the Software, or play the Game.
In the event you choose not to accept the EUALA or by technical means bypass/disable clicking through "I have read and accept the EUALA," then by installing, playing, copying, downloading, accessing or otherwise using the Software, the System or the Game or any Game Content, you agree to be bound by the terms of the then-current EUALA. If you have any questions regarding the terms and conditions of this EUALA, please contact customer service at http://help.fusionfall.com.
The then-current version of this EUALA can be found on Cartoon Interactive's Web site at http://www.fusionfall.com/legal/euala.php. You are encouraged to frequently review the EUALA for changes and to print and store it for your records and future reference. You agree to accept responsibility for thoroughly reviewing the EUALA when you first play the Game and each time you are prompted to do so in connection with the Game. See Section 5 below concerning modifications and amendments to the EUALA.
1.1 Registration and Requirements for Access to System and Game Play
By completing the registration process, you are permitted to establish an account ("Account") and to access, through your valid, authorized Account by means of an Internet connection (which Cartoon Interactive does not provide), Cartoon Interactive's Game information processing system by which Cartoon Interactive creates, generates, stores, displays and processes electronic information fixed on Cartoon Interactive's file servers comprising Cartoon Interactive's proprietary Game (the "System"). To play the Game, you must (a) download and install certain Cartoon Interactive software, including data, graphics, sounds effects, music, animation-style video and text (the "Software") which allows you to play the Game, (b) have a valid Account, (c) have an Internet connection (which Cartoon Interactive does not provide and which may impact your ability to access the System and the Game from time to time for reasons outside of Cartoon Interactive's control), and (d) download and install certain third party software ("Third Party Software") (which Cartoon Interactive does not provide, which may not work on your computer, and which may impact your ability to access the System and the Game from time to time for reasons outside of Cartoon Interactive's control) and enter into a separate agreement with such third party for access to and use of such Third Party Software. You are responsible for all hardware, software, service and other costs you incur to access your Account.
1.2 Eligibility to Establish Account Limited to Natural Persons; Shared and Commercial Use Prohibited; Responsibility for Use of Account
Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child. If you are a minor, your parent(s) or guardian(s), must click through "I have read and accept this EUALA," in which case he/she/they will take full responsibility for all obligations under this Agreement. Further, your parent(s) or guardian(s) must review and agree to the FusionFall Code of Conduct ("Code of Conduct"), Cartoon Interactive's privacy policy and Cartoon Interactive's Web site terms of use (as each of the following are published on Cartoon Interactive's Web site), and he/she/they will take full responsibility for all obligations under those agreements and policies. BY CLICKING THROUGH "I HAVE READ AND ACCEPT THE EUALA," YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THE TERMS AND CONDITIONS OF THIS EUALA ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU REPRESENT THAT YOU PERSONALLY WILL BE BOUND BY ALL THE TERMS AND CONDITIONS HEREOF. IF YOU ARE A MINOR AND CLICK THROUGH "I HAVE READ AND ACCEPT THE EUALA," YOU UNDERSTAND THAT YOU CAN NOT LATER VOID THIS AGREEMENT AS A MINOR WITHOUT LOSING ACCESS TO YOUR ACCOUNT AND ALL ACCOUNT ATTRIBUTES AND YOUR PARENTS BEING HELD RESPONSIBLE FOR YOUR ACTIONS AND ANY PAYMENT OBLIGATIONS YOU HAVE INCURRED WHILE ENJOYING THE BENEFITS OF PLAYING THE GAME AS IF YOU WERE AN ADULT.
You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a minor. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited, other than parent(s) or guardian(s) who have rights to access and manage your account if you are a minor. Selling or renting access to another person to your Account for the purpose of allowing them access to the System and Game is prohibited. Access to the System and playing the Game is intended solely for the entertainment, enjoyment and recreation of individual natural persons and not for purposes of corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other businesses or other entities which are not a single, individual, natural person, are not eligible to establish Accounts, to access the System, or to play the Game, nor is anyone who is acting for or on behalf of or in the course of the business of, any such artificial person or entity. Except as expressly permitted by the current EUALA, accessing the System and/or playing the Game for commercial, business, or income-seeking purposes is strictly prohibited. BY CLICKING THROUGH "I HAVE READ AND ACCEPT THE EUALA," YOU REPRESENT THAT YOU ARE ELIGIBLE TO ESTABLISH AN ACCOUNT, ACCESS THE SYSTEM, AND PLAY THE GAME, AND THAT YOU ARE NOT ACCESSING THE SYSTEM OR PLAYING THE GAME FOR A PROHIBITED PURPOSE AND ARE NOT ENGAGING IN A COMMERCIAL ACTIVITY IN VIOLATION OF THIS EUALA.
You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.
1.3 Password, Login Name, and Player Name
Upon registration, you must select a password ("Password"). You are responsible for maintaining the confidentiality of your Password and are responsible for any damage or harm (for example, lost or deleted Account Attributes, closed Accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. IN NO EVENT SHALL CARTOON INTERACTIVE BE HELD RESPONSIBLE FOR ANY DAMAGE THAT OCCURS TO YOUR ACCOUNT OR THE ATTRIBUTES OF YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, YOUR CHARACTERS, OBJECTS, POSSESSIONS, POINTS, RANK, STATUS, PREMIUM ITEMS, AND VIRTUAL CURRENCY WHETHER LICENSED BY YOU OR ACQUIRED, DEVELOPED OR DELIVERED AS A RESULT OF GAME PLAY (COLLECTIVELY, "ACCOUNT ATTRIBUTES") IN THE EVENT YOU DISCLOSE YOUR PASSWORD TO ANYONE. NOR IS CARTOON INTERACTIVE LIABLE FOR ANY FINANCIAL OR EMOTIONAL DAMAGE OR DISTRESS YOU MAY SUFFER (AND/OR SUBSEQUENT LOSS OR DAMAGE TO YOUR ACCOUNT OR ACCOUNT ATTRIBUTES) AS A RESULT OF THE DISCLOSURE OF YOUR PASSWORD TO A THIRD PARTY.
You shall not disclose your Password to any third party or allow anyone to use your Password to access the System or your Account, or to play the Game. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the password of anyone else. SUCH DISCLOSURE AND/OR USE IS A BREACH OF THE EUALA. WE WILL NEVER ASK YOU FOR YOUR PASSWORD, AND YOU SHOULD NOT DISCLOSE IT IF SOMEONE ASKS YOU TO DO SO.
Selling or renting access to another person to your Account for the purposes of allowing them access to the System and Game is prohibited. You may not allow anyone to use your login and/or player name to access the System or your Account or to play the Game. You may not sell or rent access to your Account to another person for the purposes of allowing them access to the System or to play the Game. No player may use the player name of another to impersonate or falsely represent his or her identity. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the login and/or player name of anyone else. You should not use your or another person's real name or any part thereof in your login name. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights or other proprietary rights. Acceptance of a pseudonym by the System does not constitute a finding or acknowledgement by Cartoon Interactive that your chosen pseudonym does not violate any third party's trademarks, publicity rights or other proprietary rights, and you are responsible for any liability in the choosing of a pseudonym. Cartoon Interactive retains the right to reject any pseudonym it concludes, in its sole discretion, is indecent, obscene, or otherwise violates standards of good taste, or in the event Cartoon Interactive has reasonable belief that such pseudonym violates the intellectual property rights of others. Cartoon Interactive also reserves the right to invoke the "safe harbor" provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from the Game or its related Web sites.
1.4 Subscription Plans and Fees
Cartoon Interactive offers a free version and a subscription version of the Game. There is no need to provide a credit card number or other payment information to set up an Account or play the free version of the Game. Cartoon Interactive may offer various subscription plans ("Plan(s)") for the subscription version of the Game. If you purchase a subscription to the Game, in exchange for access to the subscription version of the Game, you hereby authorize Cartoon Interactive to charge your credit card, debit card, PayPal™ account or other payment method offered by Cartoon Interactive ("Payment Method"), in an amount equal to the subscription fees (plus any applicable taxes we are required to collect) associated with the Plan you have chosen. You can find information regarding the Plans offered by Cartoon Interactive, including the duration, costs and billing procedures of such Plans, by visiting our Web site for the Game located at www.fusionfall.com. These Plan procedures and information are incorporated into this EUALA by this reference.
Cartoon Interactive will bill your Payment Method the subscription fee of the Plan you have chosen (plus any applicable taxes we are required to collect) on the day you subscribed to the subscription version of the Game (or, if your Plan includes a free trial, the first day following the end of your free trial, or pre-paid period) or a reasonable time thereafter, and will charge your Payment Method on a recurring basis pursuant to the terms of the Plan you have chosen, unless you timely cancel your membership before the next billing period. IF YOUR PLAN INCLUDES A FREE TRIAL OR PREPAID PERIOD, YOU MUST CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF YOUR FREE TRIAL OR PRE-PAID PERIOD TO AVOID HAVING YOUR PAYMENT METHOD CHARGED THE APPLICABLE SUBSCRIPTION FEE FOR THE NEXT BILLING CYCLE.
The subscription fee is due and payable in U.S. dollars, subject to any exchange rate that a credit card company or other financial institution may apply. Please note that charges to your Payment Method may be in the name of FusionFall, Cartoon Interactive, or its affiliated companies. If there is any change in the information concerning your Payment Method (e.g., if you wish to use a different credit card or if your credit card has a new expiration date), you must notify Cartoon Interactive by contacting customer service at http://help.fusionfall.com or by updating your Account information in the "My Account" section of Cartoon Interactive's Web site located at www.fusionfall.com. If a charge to your Payment Method is denied for any reason, Cartoon Interactive shall have the right to terminate or suspend your subscription and your access to the Game and Service and/or terminate your Account. All fees are non-refundable.
Your subscription will continue and renew automatically unless terminated or cancelled in accordance with this Agreement. On or about the renewal date for your subscription, we will charge your Payment Method at the then-current renewal rate (plus any applicable taxes that we are required to collect), and you authorize us to do so. You may cancel your subscription to a Plan by contacting customer service at http://help.fusionfall.com. Your cancellation will be effective at the end of the billing period during which you notify Cartoon Interactive of your cancellation, and you will continue to have access to the Game until the conclusion of such billing period.
Cartoon Interactive may change its fees and external billing methods which directly impact you at any time effective immediately after notice of these changes are given: (i) at the time you access your Account through our "patching" system or (ii) on Cartoon Interactive's Web site located at www.fusionfall.com. You are responsible for reviewing the billing section of such Web site to obtain timely notice of such changes.
You are solely responsible for (a) providing your own Internet access; (b) any telecommunication charges or other charges which you incur through access and use of the Game, including without limitation any premium charges and surcharges due to bandwidth consumption; and (c) any taxes payable by you in connection with such access and use.
1.5 Premium Items and Virtual Currency
Cartoon Interactive may offer end users the ability to license in-Game "points," "tokens," "taros" or other forms of in-Game virtual currency however denominated ("Virtual Currency") that may be used to license in-Game items such as accessories and equipment ("Premium Items"). If you choose to license Virtual Currency or Premium Items, you hereby authorize Cartoon Interactive to charge your Payment Method the fee (plus any applicable taxes we are required to collect) associated with the Premium Item or amount of Virtual Currency you elect to license, as set forth in the Service, Game or on Cartoon Interactive's associated Web sites. All fees are stated in U.S. Dollars and are non-refundable. If a charge to your Payment Method is denied for any reason, Cartoon Interactive shall have the right to deny, terminate or suspend your access to, or use of, such Virtual Currency and Premium Items, close all of your Accounts, and cancel all rights granted to you under this EUALA. Regardless of the name used to identify Virtual Currency, you understand and agree that all such Virtual Currency represents a limited license to receive virtual goods and services within the Game in accordance with the terms of this Agreement. You understand and agree that Virtual Currency and Premium Items are not redeemable for any sum of money or monetary value from Cartoon Interactive, or any of its licensors or affiliated companies, and have no value outside of the Game. You understand and agree that Cartoon Interactive has the absolute right to manage, regulate, control, modify, create and/or eliminate Virtual Currency and Premium Items as it sees fit in its sole discretion, in any general or specific case, and that Cartoon Interactive shall have no liability to you based on its exercise of such right. You understand and agree that unless otherwise authorized by Cartoon Interactive, Virtual Currency and Premium Items may only be used in the Game and in no event may be used outside of the Game. If your access to the Game expires or is terminated by you or Cartoon Interactive, or if your access to Premium Items or Virtual Currency is terminated or expires for any reason, you understand and agree that the Virtual Currency and Premium Items (and all perceived value associated therewith) shall automatically revert back to Cartoon Interactive and you shall no longer have any right to use, or be compensated for, such Virtual Currency or Premium Items (or any perceived value associated therewith). In the event such reversion is not fully recognized or given effect under the law, then, in the case of cancellation or termination, you hereby agree to transfer and assign all remaining Virtual Currency and Premium Items associated with your Account (including all sub-accounts) to Cartoon Interactive. IN NO EVENT WILL YOU BE ENTITLED FOR A MONETARY REFUND FROM CARTOON INTERACTIVE FOR THE LOSS OF ANY PREMIUM ITEM OR VIRTUAL CURRENCY.
1.6. Limit on Number of Accounts Associated with a Credit Card(s), Debit Card(s) or Other Payment Method
Without the prior written consent of Cartoon Interactive, which may be withheld in Cartoon Interactive's sole discretion, no person may use, or authorize or permit another to use, a Payment Method or combination of Payment Methods under the control of such person, to subscribe to the Game or license any Premium Items or Virtual Currency for more than ten (10) Accounts on the System at a time.
2.1. Ownership of System, Game and Game Content
You acknowledge and agree that Cartoon Interactive is the sole and exclusive owner of the System and that Cartoon Interactive or its suppliers are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights) in the computer code, programs, routines, subroutines, objects, files, data, characters (including all Account Attributes comprising or associated with an Account such as Virtual Currency and Premium Items), and information uploaded to, downloaded from, and accessible through the System, including, without limitation data, graphics, sound effects, music, animation-style video and text, some of which may be provided to Cartoon Interactive under license from independent content providers which currently exist or which may exist in the future as a result of your interaction with the Game (collectively, "Game Content"). You further acknowledge that the Game and the Game Content is protected by copyrights, trademarks, and other proprietary rights owned by Cartoon Interactive or its suppliers, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the EUALA.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME OR IN THE VALUE OF PREMIUM ITEMS OR VIRTUAL CURRENCY.
2.2 Cartoon Interactive Owns Accounts, Account Attributes, Characters, Items and Objects; Assignment
You acknowledge and agree that your Account(s) and all Account Attributes are part of the System and the Game Content, and are the sole and exclusive property of Cartoon Interactive, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved. As to information you transmit to the System through your Account, except as otherwise provided herein, you hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to Cartoon Interactive any and all right, title and interest you have or may have, including copyrights, in or to any and all files, data, or information comprising or manifesting in a manner perceptible by any means Account Attributes; provided, however, that the foregoing assignment shall not include the content of messages posted by you to user-to-user areas, but the following terms and conditions shall apply to such content.
2.3. User Content; Terms and Conditions; License
The Game may afford users the means to communicate to the System information, including without limitation messages in e-mail, chat, chat rooms, "emotes," forum discussions, and similar user-to-user areas (collectively, "User Content"). As to User Content, the following terms and conditions apply. Any User Content you communicate or cause to be communicated to the System shall not: (a) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (b) violate any law or regulation; (c) be defamatory, indecent, obscene, pornographic or harmful to minors; or (d) contain any viruses, trojan horses, disabling code, worms, time bombs, "clear GIFs," cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally identifiable information. You acknowledge and agree that we may take any action we deem appropriate as to any User Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the System and the Game. As to all User Content, you hereby grant to us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your User Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere in the EUALA and by applicable federal law.
You acknowledge and agree that the Game Content and User Content may include content owned by independent content providers (including other users) and licensed to us. You, and any user of your Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Game Content and User Content. Cartoon Interactive reserves the right, but does not undertake the responsibility, to remove User Content at any time that it deems to be harmful, offensive, or otherwise in violation of this Agreement.
Without limitation of any of its other rights, Cartoon Interactive shall have the right to display and publish any information associated with any characters developed in your Account, for example, in charts, lists and other compilations, such as "Top Ten" lists and the like without any prior notification to you and without any compensation or any form of recompense whatsoever.
2.4. Rights to Access System and Game Content to Play Game; No Interception or Reverse Engineering; Reverse Engineering Not a Fair Use of the Copyrighted Software; Violation of EUALA a Material Breach
This EUALA grants you the limited, personal, non-exclusive, non-transferable, revocable right to access and use the System, to exchange, download from, and to access and use Game Content and User Content exclusively via an authorized Account, solely for purposes permitted by, and in a manner consistent with, the terms and conditions of this EUALA. Any and all rights not specifically and expressly granted by Cartoon Interactive herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Specifically, but without limiting the generality of the foregoing reservation, except as expressly permitted by the EUALA then in effect, you may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any information accessible through the System, including without limitation, any part of the Game Content or User Content, or any Account Attributes, or your rights to access and/or use the System. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive code from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the System as term is defined under 18 U.S.C. § 1030. WITHOUT LIMITATION OF ANY AND ALL REMEDIES AVAILABLE TO CARTOON INTERACTIVE, WHETHER AT LAW IN EQUITY OR OTHERWISE, ANY ATTEMPT TO ENGAGE IN ANY OF THESE PROHIBITED ACTIVITIES, WHETHER SUCCESSFUL OR NOT, SHALL CONSTITUTE A MATERIAL BREACH OF THE EUALA AND WILL RESULT IN SANCTIONS, RANGING FROM SUSPENSION OF YOUR ACCESS TO THE SYSTEM AND GAME, TO IMMEDIATE TERMINATION OF ACCESS TO THE SYSTEM AND GAME AND/OR CANCELATION OF ANY AND ALL ACCOUNTS YOU HAVE ON THE SYSTEM OR OTHERWISE HAVE WITH CARTOON INTERACTIVE. IT IS IN CARTOON INTERACTIVE'S SOLE DISCRETION TO DETERMINE WHICH SANCTION, IF ANY, WILL BE UNDERTAKEN BY CARTOON INTERACTIVE.
2.5. Patching the Game
For the purposes of updating, patching or otherwise modifying the Game, you hereby grant Cartoon Interactive permission to (a) extract hardware system profile data from your computer; (b) extract information from your computer's file directories pertaining to the Game and your ability to access the System; (c) download Game Content and Game files to your computer and any data related to operation of the Game from any computer that logs on to the System using your Account.
2.6. CARTOON INTERACTIVE'S RIGHT TO DISCONTINUE ACCESS TO SYSTEM AND GAME IN EVENT OF UNAUTHORIZED USE OF SYSTEM OR MATERIAL BREACH OF EUALA
YOU AGREE THAT ANY MATERIAL BREACH OF THE EUALA OR THE CODE OF CONDUCT OR UNAUTHORIZED ACCESS OR USE OF THE SYSTEM BY YOU OR VIA ANY OF YOUR ACCOUNTS, SHALL ENTITLE CARTOON INTERACTIVE, AT CARTOON INTERACTIVE'S ELECTION, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER REMEDY OR RIGHT WHICH MAY BE AVAILABLE TO CARTOON INTERACTIVE, TO IMMEDIATELY AND WITHOUT NOTICE DISCONTINUE ACCESS TO THE SYSTEM AND GAME THROUGH YOUR ACCOUNT, AND ANY AND ALL OTHER ACCOUNTS THAT SHARE THE NAME, PHONE NUMBER, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS, CREDIT CARD NUMBER OR OTHER PAYMENT INFORMATION WITH THE DISCONTINUED ACCOUNT.
2.7 Game and System Downtime and Interruption; Compatibility with Third Party Equipment and Software
We will make reasonable commercial efforts to keep Game and/or System downtime to a minimum, but we can't promise that the System or Game or any data stored or transmitted in connection with the System or the Game will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the System and/or the Game at any time without notice for repairs, maintenance, improvements or for any other reason.
We make no promise that the Game will operate either fully or in part on any specific computer equipment or with any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while accessing the System or playing the Game.
Cartoon Interactive reserves the right to close Game accounts or "reset" the Game and System entirely in the event that Cartoon Interactive identifies a Game exploit that allows users to "dupe" or "cheat" the Game in any manner, including without limitation in a manner that facilitates the acquisition of Premium Items, Virtual Currency, or other Account Attributes at an accelerated rate when compared with ordinary Game play.
2.8 In-Game Audio/Visual Content, Promotional Material and Advertising
Cartoon Interactive may embed in the Game audio/visual content, promotional material and advertisements for third party products and services. By clicking through "I have read and accept the EUALA," you are acknowledging and agreeing that you may be able to view such content, promotional materials and advertising embedded within the Game.
As to the Software that you download in connection with the Game, the following licensing terms and conditions apply. You may install the Software on any single computer or game platform and make one (1) copy thereof for backup or archival purposes. You shall not install or operate the Software concurrently on different computers and/or game platforms. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; provided, however, you must acquire and dedicate a license for each separate computer on or from which the Software is installed or run. The Software may not be shared or used concurrently on different computers.
You acknowledge and agree that Cartoon Interactive is the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the EUALA. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
Subject to the terms of this EUALA, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license to use the Software solely in connection with accessing the System in order to play the Game via an authorized Account. YOU MAY NOT COPY (EXCEPT TO INSTALL ONE COPY ON YOUR FIXED DRIVE OR STORAGE DEVICE), DISTRIBUTE, RENT, LEASE, LOAN, MODIFY OR CREATE DERIVATIVE WORKS, ADAPT, TRANSLATE, PERFORM, DISPLAY, OR SUBLICENSE THE SOFTWARE. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. The Software may contain license management technology, circumvention or disabling of which is prohibited.
The Game was created for your personal entertainment purposes only and is designed to be played only as written. Therefore, there are certain practices that Cartoon Interactive prohibits.
4.1. Hacks, Cheats, Macros, Modifications, and/or Changes to the Game; Account "Loading"
You may not use any of your own or third party software to modify the Game Content or to change Game play. You may not use our intellectual property rights contained in the Game Content or the Software, or any information accessible through the System, to create or provide any other means through which the System may be accessed and/or the Game may be played by others, as, for example, through server emulators, whether for profit or not.
You may not take any action that imposes an unreasonable or disproportionately large load on our System. You may not use in Game play macros or other stored rapid keystrokes, "dupes," "cheats" or other patterns of play that facilitate acquisition of Premium Items, Virtual Currency, or other Account Attributes at an accelerated rate when compared with ordinary Game play. You may not use your or third party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the System to acquire Premium Items, Virtual Currency, or other Account Attributes or beneficial actions not actually acquired or performed in the Game.
Any conduct or practice that results in an Account containing Premium Items, Virtual Currency, or other Account Attributes that are inappropriate for the level or rank of the character contained in the Account, i.e., "item loading," is strictly prohibited. Conduct prohibited shall include, without limitation, arranging, making or accepting in-Game transfers of items to a character without adequate in-Game consideration, thereby augmenting or aggregating items in the transferee character's Account and having the effect of increasing its value for purposes of an out-of-game Account sale.
4.2. NO SELLING OF ITEMS AND OBJECTS
YOU MAY NOT TRANSFER, SELL OR AUCTION, OR OFFER TO TRANSFER, SELL OR AUCTION, OR BUY OR ACCEPT ANY OFFER TO TRANSFER, SELL OR AUCTION, ANY GAME CONTENT, INCLUDING (WITHOUT LIMITATION) CHARACTERS, ACCOUNTS, PREMIUM ITEMS, VIRTUAL CURRENCY OR ANY OTHER ACCOUNT ATTRIBUTES, OR ENCOURAGE OR INDUCE ANY OTHER GAME PLAYER TO PARTICIPATE IN SUCH A PROHIBITED TRANSACTION. THE BUYING, SELLING, AUCTIONING OF CHARACTERS, ACCOUNTS, PREMIUM ITEMS, VIRTUAL CURRENCY OR ANY OTHER ACCOUNT ATTRIBUTES, WHETHER THROUGH ONLINE AUCTIONS (FOR EXAMPLE EBAY), NEWSGROUPS OR POSTINGS ON MESSAGE BOARDS, AND/OR ANY OFFER OR ATTEMPT TO DO SO, CONSTITUTES A VIOLATION OF THIS EUALA AS WELL AS THE CODE OF CONDUCT. IN ADDITION TO VIOLATING THE EUALA AND THE CODE OF CONDUCT, SELLING AND BUYING OF INDIVIDUAL CHARACTERS, ACCOUNTS, PREMIUM ITEMS, VIRTUAL CURRENCY OR ANY OTHER ACCOUNT ATTRIBUTES CONSTITUTES AN UNAUTHORIZED MODIFICATION OF THE DATA COMPRISING THE ACCOUNTS INVOLVED IN THE TRANSACTION, AN UNAUTHORIZED MODIFICATION OF PROPRIETARY GAME CONTENT, AN UNAUTHORIZED USE OF THE SYSTEM, AND VIOLATES CARTOON INTERACTIVE'S INTELLECTUAL PROPERTY RIGHTS. MOREOVER, ENGAGING IN CONDUCT PROHIBITED BY THIS SECTION MAY ALSO CONSTITUTE MISAPPROPRIATION, TORTIOUS INTERFERENCE WITH OUR BUSINESS OR CONTRACTS, FALSE DESIGNATION OF ORIGIN, ENDORSEMENT OR SPONSORSHIP OF SUCH TRAFFICKING, AND TARNISHMENT OF THE GOODWILL IN THE FUSIONFALL NAME.
4.3. Compliance with FusionFall Code of Conduct
While playing the Game, you also agree to observe and abide by the terms and conditions of the Code of Conduct, as the same may be amended from time to time. The current version of the Code of Conduct may be viewed at http://www.fusionfall.com/legal/codeofconduct.php and is incorporated in the EUALA by reference. Serious or repeated violations of the Code of Conduct shall be regarded as a material breach of the EUALA.
Cartoon Interactive may amend or modify the terms and conditions of this EUALA from time to time. If the EUALA has been amended or modified, you will be prompted to review the revised EUALA the next time you log into the Game and to indicate and confirm your acceptance by clicking through "I have read and accept the EUALA" as a condition of playing the Game. If you accept the revised EUALA, you will be granted access to the Game.
If the revision alters a material term, and you, in good faith, determine that the modification is unacceptable to you, then you shall have the right to cease playing the Game. You may exercise these rights by electing to click "I do not accept the EUALA." Upon clicking through "I do not accept the EUALA," you will be deemed to have exercised your right to terminate this Agreement between you and Cartoon Interactive. If you fail to click through "I have read and accept this EUALA" or click through "I do not accept the EUALA" in the manner specified above, your access to the System will be discontinued, and all rights to access the System and play the Game granted under this EUALA shall be terminated.
6.1 Term
The term of this Agreement between Cartoon Interactive and you shall commence upon the date that you accept this EUALA or you otherwise begin playing the Game and accessing the System and shall continue until the date that Cartoon Interactive ceases to provide any or all of the information services offered hereunder, including without limitation, access to the System and the Game, unless sooner terminated as provided herein.
6.2. Termination by Cartoon Interactive Upon Cessation of Any or All Information Services Offered Under EUALA
In the event Cartoon Interactive, in its sole discretion, ceases to provide any or all of the information services offered hereunder, including without limitation access to the System and the Game, then Cartoon Interactive may terminate this Agreement with you, close all Accounts, and cancel all of the rights granted to you hereunder upon not less than thirty (30) days prior notice, which notice may be delivered via Cartoon Interactive's "patching" system, posting on Cartoon Interactive's Web site or electronic mail. YOU HEREBY UNDERSTAND, AND ACKNOWLEDGE, THAT THERE IS NO GUARANTEE THAT CARTOON INTERACTIVE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE GAME ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT OR ANY ACCOUNT ATTRIBUTES WERE THEY TO BE SOLD. NOR IS CARTOON INTERACTIVE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS, ACCOUNT, PREMIUM ITEMS, VIRTUAL CURRENCY AND/OR OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE GAME AS A WHOLE IS TERMINATED. NO REFUNDS FOR PREMIUM ITEMS OR VIRTUAL CURRENCY LICENSED SHALL BE GIVEN IN THE EVENT OF CARTOON INTERACTIVE'S CESSATION OF SERVICES OR TERMINATION UNDER THIS SECTION.
6.3. Termination by Cartoon Interactive for Breach
Cartoon Interactive may immediately terminate this Agreement with you, close all of your Accounts, and cancel all rights granted to you under the EUALA if: (a) you fail to make subscription payments; (b) you fail to pay for any Premium Items or Virtual Currency you license; (c) you or anyone using any of your Accounts materially breaches the EUALA, or makes any unauthorized use of the System, Software or Game, or infringes the intellectual property rights of Cartoon Interactive or any third party; (d) we are unable to verify or authenticate any information you provide to Cartoon Interactive; or (e) we become aware of Game play, chat, or any player activity whatsoever within your Account which is, in our reasonable discretion, inappropriate and/or in violation of this EUALA, the Code of Conduct or Cartoon Interactive's Web site terms of use. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach you. NO REFUNDS FOR SUBSCRIPTIONS, PREMIUM ITEMS OR VIRTUAL CURRENCY LICENSED SHALL BE GIVEN IN THE EVENT OF CARTOON INTERACTIVE'S TERMINATION UNDER THIS SECTION. IN THE EVENT THAT CARTOON INTERACTIVE TERMINATES THIS AGREEMENT WITH YOU UNDER THIS SECTION AND CLOSES AN ACCOUNT PURSUANT TO SUCH TERMINATION, THEN CARTOON INTERACTIVE RESERVES THE RIGHT TO TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE MEMBER NAME, PHONE NUMBER, E-MAIL ADDRESS, INTERNET PROTOCOL ADDRESS, CREDIT CARD NUMBER OR OTHER PAYMENT INFORMATION WITH THE CLOSED ACCOUNT. Termination by Cartoon Interactive under this section shall be without prejudice to or waiver of any and all other rights or remedies which Cartoon Interactive may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
6.4. Termination by User
You may terminate this Agreement with Cartoon Interactive at any time by contacting Cartoon Interactive customer service at http://help.fusionfall.com to close your Account. If you choose to close your Account, all rights granted to you hereunder will be terminated immediately if you play the free version of the Game or effective upon conclusion of the then-current billing period if you subscribe to the Game. If you terminate this Agreement, you will not be entitled to any refund of payments made for Subscriptions, Premium Items or Virtual Currency.
6.5. Effect of Expiration or Termination
(a) IF THIS AGREEMENT EXPIRES OR IS TERMINATED FOR ANY REASON, ALL RIGHTS TO ACCESS THE SYSTEM AND PLAY THE GAME WILL CEASE EFFECTIVE UPON SUCH EXPIRATION OR TERMINATION. IN THE EVENT OF TERMINATION OR EXPIRATION OF THIS AGREEMENT, ALL ACCOUNT ATTRIBUTES ASSOCIATED WITH THE ACCOUNT WILL BE LOST. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT CARTOON INTERACTIVE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE GAME ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT OR ANY ACCOUNT ATTRIBUTES WERE THEY TO BE SOLD. NOR IS CARTOON INTERACTIVE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS, ACCOUNT, PREMIUM ITEMS, VIRTUAL CURRENCY AND/OR OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE GAME AS A WHOLE IS TERMINATED.
(b) Upon expiration of this EUALA or termination for any reason, the limited licenses granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the System and Game and (ii) uninstall your copy of the Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer where you originally installed the Software and double-click on the file entitled uninst.exe; (y) access the Add/Remove Programs feature of the operating system located on your computer and follow the instructions to remove the Software; or (z) contact Cartoon Interactive customer service at http://help.fusionfall.com for assistance. Users whose Accounts have been discontinued or closed may not access the System or play the Game in any manner or for any reason, including through any other Account, without the express written permission of Cartoon Interactive. Users of active Accounts may not knowingly allow former users whose Accounts have been terminated to use the active user's Accounts.
You understand that you have no expectation of privacy regarding the communications you make in connection with the Game, including, without limitation, through private in-game messaging or in open "chat," or in chat rooms or forums, and that Cartoon Interactive representatives may monitor all communications made by or received from you. You understand that you should never provide any private or personally identifiable information to any other player in the Game and will not hold Cartoon Interactive responsible for the consequences of any such disclosure by you. Further, you understand that in playing the Game, you may encounter and converse with people who are rude, offensive or belligerent and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to Cartoon Interactive, and we will take such measures as we, in our sole business judgment, determine are reasonable when such behavior violates either the EUALA or the Code of Conduct. HOWEVER, CARTOON INTERACTIVE DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING OR HARASSING WHILE YOU PLAY THIS GAME. IN THE EVENT THAT CARTOON INTERACTIVE CHOOSES NOT TO TAKE ANY ACTION AGAINST A GAME PLAYER, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL CARTOON INTERACTIVE OR OUR PARENTS, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), AND/OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME OR YOUR TIME SPENT PLAYING THE GAME, EVEN IF ANY OF THE SAME HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES SHALL BE LIMITED TO AN AGGREGATE AMOUNT OF $100. THIS DISCLAIMER SHALL BE INDEPENDENT OF ANY OTHER LIMITATION ON REMEDIES SET FORTH HEREIN.
This Game is intended for players of all ages. Nonetheless, some parents may find some aspects of the Game or Game Content inappropriate for some age levels. While Cartoon Interactive may choose to monitor and take action upon inappropriate gameplay, chat or links to the Game, it is possible that at any time there may be language or other material accessible on or through the Game that may be inappropriate for children or offensive to some users of any age. While Cartoon Interactive has established the Code of Conduct, this EUALA and the Web site terms of use to govern Game player conduct, Cartoon Interactive cannot ensure that other players will not provide User Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Cartoon Interactive will abide by the Children's Online Privacy Protection Act ("COPPA") and its privacy policy, which you as a parent agree to as part of this EUALA, and Cartoon Interactive will not disseminate any personally identifiable information to any third party unless in accordance with our privacy policy or as outlined in paragraph 9 below. The subscription version of the Game includes optional open chat and unlimited forum features allowing users to communicate with other users. You can find more information about the open chat and unlimited forum features by visiting Cartoon Interactive's Web site for the Game located at http://www.fusionfall.com.
We cannot ensure that your communications within the Game and other personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you use to access the System and play the Game for purposes of support and debugging. You agree that we may communicate with you via email, chat and any other means for any purpose relating to the Game, the System, the Game Content, and the Software, including customer support, and any services or software which may in the future be provided by us or on our behalf. Open chat and unlimited forum participation (available in the subscription version of the Game) allows users to communicate with other users about the Game. It is a violation of this EUALA and the Code of Conduct to disclose personally identifiable information about oneself and others, such as real names, phone numbers, street and e-mail addresses or social security numbers. If you are a parent or guardian and elect to enable the open chat and forum posting functionality for your child or engage in such activities yourself: (a) you understand that that you or your child may nevertheless potentially disclose personally identifiable information to third parties, and you are still giving your consent for this interactivity; (b) you understand that you or your child may post and receive messages from users that you (or your child) may not know personally and that it is ultimately your responsibility to monitor the content of the messages sent and received via your (or your child's) account; and (c) you agree to talk to your child about online safety and to remind your child to never give out any personal information about himself/herself or others, like real names, phone numbers, street and e-mail addresses or social security numbers. You are encouraged to read our privacy policy which governs the collection and use of personally identifiable information.
WE PROVIDE THE INFORMATION SERVICES OFFERED HEREUNDER, THE SYSTEM, THE ACCOUNT, THE GAME CONTENT, THE USER CONTENT, THE GAME, THE SOFTWARE, AND ALL OTHER SERVICES "AS IS" IN ITS AND THEIR PRESENT STATE AND CONDITION.
CARTOON INTERACTIVE CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEM OR YOUR ACCESS TO THE SYSTEM, THE SOFTWARE, OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. CARTOON INTERACTIVE MAKES NO REPRESENTATOIN OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISAPLYED IN CONNECTION WITH THE GAME. CARTOON INTERACTIVE MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE GAME IS GIVEN OR ASSUMED BY CARTOON INTERACTIVE; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS EUALA, IF ANY, THE SYSTEM, ALL INFORMATION ACCESSIBLE THROUGH THE SYSTEM, THE ACCOUNT, THE GAME CONTENT, THE USER CONTENT, THE GAME, ALL OTHER SERVICES, AND THE SOFTWARE ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATABILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH YOU.
CARTOON INTERACTIVE MAKES NO REPRESENTATION OR WARRANTY THAT THE GAME AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT OR WITH ANY SPECIFIC SOFTWARE OR THAT IT IS FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY. CARTOON INTERACTIVE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION REQUIRED FOR YOU TO ACCESS THE SYSTEM AND THE GAME OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO PLAY THE GAME.
YOU MAY ACCESS THE SYSTEM THROUGH YOUR ACCOUNT AT TIMES SUBSTANTIALLY OF YOUR OWN CHOOSING, BUT WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT. THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS TO THE GAME AND SYSTEM AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND CARTOON INTERACTIVE'S REASONABLE ABILITY TO CONTROL, AND CARTOON INTERACTIVE SHALL NOT BE LIABLE FOR BREACH OF WARRANTY OF THIS AGREEMENT IN SUCH EVENTS. YOU HEREBY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE IS NO GUARANTEE THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR THAT CARTOON INTERACTIVE SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE GAME ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTERS AND/OR ACCOUNT ATTRIBUTES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS CARTOON INTERACTIVE LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS, ACCOUNT, PREMIUM ITEMS, VIRTUAL CURRENCY AND ANY OTHER ACCOUNT ATTRIBUTES IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE GAME AS A WHOLE IS TERMINATED.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CARTOON INTERACTIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE GAME, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE GAME OR (II) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE GAME OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE GAME, EVEN IF ANY OF THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE GAME.
IN NO EVENT SHALL CARTOON INTERACTIVE'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100). IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN CARTOON INTERACTIVE'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO DISTRIBUTOR, AGENT OR EMPLOYEE OF CARTOON INTERACTIVE IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITION TO THIS WARRANTY.
You represent and warrant that you are accessing and using the Game in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of this EUALA, and that all information provided to Cartoon Interactive or its designee by you in connection with this EUALA, including, without limitation, all registration information is true, correct and accurate. You must promptly provide Cartoon Interactive or its designee with an update in writing if any of your information changes.
Your use of the System and the Game, your access to your Account, and your entering into the Game constitutes your agreement to defend, indemnify and hold harmless Cartoon Interactive and its affiliated companies, employees, contractors, officers and directors from any claims, demands, damages and expenses, including reasonable attorney's fees, incurred directly or indirectly by Cartoon Interactive, arising out of or relating to your use or misuse of the Game, your access to the System or your Account, your playing the Game, including a third party's use or misuse of your Account and/or Password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder. Cartoon Interactive shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.
A very small percentage of users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a video monitor, or while playing video games attached to a television set, or while watching a replay or a recording of video game footage may induce an epileptic seizure. These conditions may induce previously undetected epileptic symptoms even in persons 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 playing. If you experience any of the following symptoms while playing a video or computer game -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions -- IMMEDIATELY discontinue use and consult your physician before resuming play.
THE EUALA, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE STATE OF GEORGIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN GEORGIA BETWEEN GEORGIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF GEORGIA LAW. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED AND SHALL NOT APPLY TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE EUALA, OR OTHERWISE RELATING TO ANY RIGHTS IN, ACCESS TO OR USE OF, THE SYSTEM, THE GAME, GAME CONTENT, USER CONTENT AND/OR THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN IN EFFECT. THE PARTIES ALSO AGREE THAT THE AAA OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING AGAINST CARTOON INTERACTIVE, IF YOU INITIATE THAT ARBITRATION IN ATLANTA, GEORGIA, THEN CARTOON INTERACTIVE AGREES TO PAY ONE-HALF (1/2) OF THE INITIAL COSTS OF BRINGING THAT ACTION, SUBJECT TO RECOUPMENT AT THE END OF THE ARBITRATION IN THE EVENT THAT THE ARBITRATORS DO NOT AWARD YOU THE AMOUNT OF DAMAGES SPECIFIED IN YOUR CLAIM. IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING IN ANY OTHER FORUM, YOU WILL BE REQUIRED TO PAY THE FULL AMOUNT OF THE ARBITRATION FEE, IN LIGHT OF THE COSTS CARTOON INTERACTIVE WILL BE REQUIRED TO INCUR IN DEFENDING AN ACTION IN A FOREIGH JURISDICTION. IN THE EVENT THAT ANY PORTION OF THIS SECTION 12 IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION 12 SHALL REMAIN IN FULL FORCE AND EFFECT.
You acknowledge and agree that any breach or threatened breach by you of this EUALA may result in immediate and irreparable damage to Cartoon Interactive or its licensors or designees for which there is no adequate remedy at law, and in such event Cartoon Interactive, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security. You acknowledge that you have read this entire EUALA and that this EUALA constitutes the entire understanding and contract between you and Cartoon Interactive and supersedes all prior oral and written communications regarding the subject matter.
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, access to your Account and playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with this EUALA and all applicable laws and regulations. By this EUALA you acquire no express or implied rights in or to use Cartoon Interactive's or its supplier's tradenames, trademarks or servicemarks.
If any part of the EUALA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EUALA, and the remaining portions shall remain in full force and effect.
Except as otherwise provided herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and Agreement between Cartoon Interactive and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, this Agreement may not be modified or amended.
Cartoon Interactive will electronically log and store your consent to this EUALA, which you agree shall be sufficient to demonstrate your acceptance. If you have read and agree to be bound by the terms and conditions of this Agreement, please click "I have read and accept the EUALA" when prompted to do so.
This EUALA was last updated and posted on this Web site on January 14, 2009.
Copyright, 2009, Cartoon Interactive Group, Inc.
All Rights Reserved. Copying prohibited.
