terms of SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site at www.playnormous.com is fully controlled and operated by Playnormous. By accessing and using this Site, you are hereby agreeing to be legally bound by these terms and conditions of this Agreement and the Privacy Policy, which is incorporated herein by this reference. If you do not agree with all of the following terms and conditions, please do not use this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of this Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

By using this Site, you agree:

• -- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
• -- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
• -- not to use any robot, spider, other automatic device, or manual process to monitor or copy any page on the Site or content on the Site;
• -- not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
• -- not to use or attempt to use another's account, service or system, or create or use a false identity on this Site.

Please review our Privacy and Safety Policy, which also applies to the use of the Site.

If you wish to become a member of Playnormous, you must create a user account and enter into a User Agreement with Playnormous. If you are under the age of 13, Playnormous.com will notify a parent or legal guardian of your participation using the email address provided to us during the registration process. Playnormous reserves the right to refuse service, terminate accounts, remove or edit the Content, or cancel membership in its sole discretion.

You agree to be solely responsible for: (a) providing true, accurate, current, and complete information about yourself as prompted by the Site's registration form, (b) maintaining and properly updating such registration data to keep it true, accurate, current, and complete, and (c) maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You are solely responsible for the security of your password.

Playnormous may terminate your use of the site if: (a) you provide any information that is false or inaccurate, such as a false parental email address or inaccurate age, (b) Playnormous has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, or (c) you use inappropriate verbiage or language either through screen name creation or posting of high scores including content that is vulgar, offensive, obscene, harmful, or dangerous. You agree that you are solely responsible for your account and its corresponding screen name. You agree that your will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that related to your use of or activities on this Site.

The Site and all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, animations, games, graphic material, stories or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Playnormous and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign patent, copyright and trademark laws.

Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download one copy of appropriately limited portions of the Materials on any single computer for your personal, noncommercial use only, provided you include "Copyright 2012 Playnormous. All Rights Reserved. Used With Permission" or "(c) 2012 Playnormous. All Rights Reserved. Used With Permission" on every page containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of Playnormous' copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited.

Playnormous hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material that you may download, use or print from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software; provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. In the event you download any Material from this Site, we do not transfer title to the Material to you. You own the medium on which the material is recorded, but we (or third party licensors) retain full and complete title to the Material and all intellectual property rights therein. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Playnormous. Use of Playnormous and/or its licensors' Material is only permitted with our express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

When you are on this Site, you could be directed to other websites that are beyond our control. There are links to other websites from pages on this Site that take you outside of Playnormous.

The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Playnormous or affiliates. This includes the opinions or views expressed by these third party web sites. Playnormous explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content or information contained at these sites. Playnormous is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Playnormous cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from this Site or third party content on this Site.

You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Playnormous rewards or items from any Playnormous game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Playnormous. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Playnormous, you will pay Playnormous. Liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on any Playnormous website, you will pay Playnormous liquidated damages in the sum of Five Hundred Dollars for each time you use a program.

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Playnormous, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Playnormous website. The sending of an email notice by Playnormous to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Service, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial.

If an email notice is not or cannot be sent to a user, Playnormous maintains the right, for any reason and at its sole discretion, to terminate your membership and/or use of the Site without notice if you fail to comply with any provision of this Agreement. Upon termination, you must cease use of this Site and destroy all materials obtained from this Site and all copies thereof, whether made under the terms of these terms or otherwise.

If, upon denial of access or termination, you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Playnormous site.

THIS SITE AND THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY, KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLAYNORMOUS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION AND MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLAYNORMOUS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS OR FUNCTIONS ON THIS SITE, WHETHER THEY ARE PROVIDED OR OTHERWISE SUPPLIED BY PLAYNORMOUS OR ANY THIRD PARTY.

You agree that you shall not have any rights against Playnormous for any failure of performance due to causes beyond its reasonable control, including, without limitation, natural catastrophes; adverse weather conditions; governmental acts or omissions, laws or regulations; labor strikes or difficulties; suppliers' transportation stoppages or slowdowns; third party mechanical failures; fire; explosions; interruption or failure of telecommunications or digital transmission links; internet failures or delays; or the inability to procure parts or materials.

These terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding any conflict of law principles. You hereby agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Harris County, Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The prevailing party will be awarded reasonable costs and expenses, including without limitation, all attorney's fees, costs, expense and expert witness fees.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Playnormous' failure to enforce the strict performance under this Agreement shall not constitute a waiver of Playnormous' right to subsequently enforce such provision or any other provisions. You agree that any claim arising out of or related to the terms or your use of this Site must be filed within one year after it arose or be permanently barred.

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