Terms of Service Fri, Sep 1, 2017

These Terms of Service (“Agreement”) covers the public website Robocraftgame.com (the “Website”) - and all online forms on the Website used to collect personal information, existing under English law.

Your use of the Website is subject at all times to these Terms of Service, our Privacy Policy and any applicable End User Licensing Agreements (collectively, “EULA”). Any inconsistencies between the Terms of Service, Privacy Policy or any EULA shall be resolved by Freejam in its sole and absolute discretion. Your Website member account (“Account”) and all of our games (collectively, the “Game”) activities and other services, regardless of when they are added to the Website, are governed by these Terms of Service.

If you are under the age of ten (10), you must make sure that your parent or guardian reads and accepts this Agreement on your behalf prior to your use of the Website. If you (of, if applicable, your parent or guardian) do not agree to be bound by this Agreement, you are not permitted to use of access the Website. You also agree that you will not allow, knowingly, any individual under the age of ten (10) to access this website without a parent of legal guardian supervising him or her. Please notes that Freejam may terminate this Agreement and your rights hereunder at any time.

Please note that this Agreement applies only to sites maintained by Freejam of its affiliates, and not third party sites, whether linked to or from the Website. Moreover, this Agreement does not only apply to information collected by Freejam offline. In addition, this Agreement does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control. By using the Website, activities, services and all our games, you are agreement to the terms and conditions of this Agreement.

Freejam may, from time to time, without prior notice modify, amend, or supplement these Terms of Service, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. You are responsible for periodically checking the Website for changes to these Terms of Service. If you do not agree to be bound by (or cannot comply with) these Terms of Service as modified, you agree that your sole remedy is to cease using the Services by cancelling your Account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms of Service.

I Objective

THE OBJECTIVE OF THIS TERMS OF AGREEMENT HEREIN DESCRIBES THE TERMS AND CONDITIONS ON WHICH FREEJAM OFFERS YOU TO ACCESS AND PLAY ITS GAMES AND SERVICES INCLUDING BUT NOT LIMITED TO; MASSIVELY MULTIPLAYER ONLINE ROLE PLAYING GAME(S), ONLINE CASUAL GAME(S), COMPANY OPERATING WEBSITE(S) OR ANY OTHER SERVICE(S) SUBJECT TO YOUR COMPLIANCE TO ALL OF THE TERMS AND CONDITIONS AND THE RULES OF CONDUCT CONTAINED HEREIN.

A. Privacy Policy

Your use of the Website is governed by Freejam’s corporate online Privacy Policy.

B. Communication Features

1. General

The Freejam Communication Features (such as Message Boards, email, forums, etc.) may to some or all Website members; other or similar Communication Features (such as in-game or out-of-game voice or text chat, in-game avatars, game related message boards, email, and/or community areas and forums) are services that may be provided to some or all users of the Website. By using any of the Communication Features you agree to be bound by Privacy Policy as well as by the present Terms of Service. If you do not agree to any of them, please do not use any Communication Feature.

You understand that by using Freejam Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or any other form, whether now known or hereafter to become known (“User Content”) that you might find objectionable. Freejam and its Third Party Providers do not control the content of any User Content and do not guarantee their accuracy, integrity or quality. You understand that any User Content sent through or appearing on Freejam Communication Features is the sole responsibility of those persons transmitting such User Content. This means that you, and not Freejam, are entirely responsible for all User Content that you transmit. Under no circumstances will Freejam or its Third Party Providers be liable for any errors or omissions in any User Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any User Content sent through or appearing on any Freejam Communications Features. Freejam and Freejam’s Third Party Providers have no obligation to monitor or supervise Freejam Communication Features and/or User Content, and expressly disclaim any representation that we or our Third Party Providers will monitor or supervise such Communication Features and/or User Content. However, as previously discussed, we expressly reserve the right, but not obligation, in our sole discretion to monitor, screen, edit, refuse to post, block or remove, in each case, in accordance with applicable law, any User Content, in whole or in part, sent through or appearing on any Freejam Communication feature, you expressly agree to waive any rights of confidentiality that you may have in and to your communications (if any) when using any of the Freejam Communication Features, and you agree that you have no expectation of privacy in any content in any of the Freejam Communication Features. Without limiting the foregoing, Freejam and/or its Third Party Providers and designees shall have the right to block or remove, in whole or in part, any User Content that is in violation of this Agreement, is illegal, infringing or otherwise offensive or objectionable. Accordingly, you acknowledge that Freejam Communication Features are forums for public and not private communications. You also agree to indemnify and hold Freejam and its Third Party Providers and designees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these terms and conditions of your violation of any rights of another.

2. Prohibited Uses

You agree not to do any of the following while accessing or using the Website or any Freejam Communication Features:

Transmit or facilitate the transmission of any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;

Impersonate any person or entity, including but not limited to, a Website or other Freejam official, employee, representative or agent (or an official, employee, representative or agent of Freejam’s affiliates, licensors or licensees), forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

Post, transmit or facilitate the transmission of any User Content that you do not have a right to transmit, under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

Transmit or facilitate the transmission of any User Content that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;

Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through Freejam’s Communication Feature;

Use a Freejam’s Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text) or excessively large embedded images);

Transmit or facilitate the transmission of any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;

Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;

Post, transmit or facilitate the transmission of any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Transmit any User Content to an Freejam Communication Feature which discloses your or any other person’s personal information;

Transmit or facilitate the transmission of any content to an email address, or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of such other person or entity;

Use cheating and hacking. Any kind of cheating or hacking which is concluded by our assessment of a player’s results will not be tolerated. The hacker’s information including the current IP Address will be recorded for future reference and investigation. By using the Website or the Game you agree to immediately report to Freejam staff on any hacking tools if known that can potentially harm the Website or the Game for further investigation;

Transmit unsolicited advertising, promotional materials, “junk mails”, “spam”, “chain letters” or other forms of solicitation. Advertising may include, but is not limited to, the repeated posting of website links through any of the in-game methods of communication. Links to sites, images and/or video may also be considered as advertising and so such actions are considered prohibited;

Slander and deception of Freejam Staff. Freejam Staff is to be as impartial and unbiased as possible. If there is an issue with the performance of the Freejam Staff the players are to send a report to Technical Support Service so the issue can be taken under investigation. Openly offending the Freejam Staff, withholding information, or openly deceiving the CMs, as well as contradicting their words, actions, and decisions can lead to various penalties depending on the situation. Offenses in this category go through a thorough analysis before punishment is given. By involving yourself in the Game, you acknowledge that you agree to these and all other relevant rules and will abide by them regardless of the circumstances. In addition you also agree that these rules will apply to anyone that you allow to use your Freejam’s account or user ID. By allowing another user to use your account, you are personally responsible for all the consequences (including termination of your account) which may result, if the above discussed person violates any of the listed rules at any time you will not be entitled to a refund of any monies paid by you;

Modify any files that Freejam does not specifically authorize users to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the Account and possible civil and/or criminal liability;

Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;

Reverse engineer, decompile or disassemble all or any portion of the Website, Game or other services.

This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Freejam reserves the right to terminate your authorization to access and use the Website and, more specifically, may elect to terminate your account, and your ability to post and/or to retrieve materials that are made accessible by means of the Website, with or without cause and with or without notice, for any reason or no reason, or as a consequence of any action that Freejam determines is inappropriate or disruptive to this Website or to any other person or entity that is entitled or otherwise permitted to access and use the Website and/or any of the various products and services that are made available by or for Freejam as part of the Website.

Your online conduct should be guided by common sense and respect for others who access and use the Website (whether or not such third parties are registered users of the Website) and for the employees and representatives of Freejam, as well as respect for the laws, statutes, rules and regulations that are applicable to your conduct in the real, offline world. Please be advised that Freejam will not tolerate inappropriate behavior or illegal activities on and/or relating to the Website. Freejam will report to law enforcement authorities any actions that appear to be illegal or otherwise in violation of any applicable law, and, similarly, may forward any reports that Freejam or its affiliates or licensors receive of any illegal activities or other such actionable conduct. When legally required or at Freejam’s discretion, Freejam will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.

3. Rights in User Content

Any and all User Content submitted (e.g., by uploading or transmitting) to Freejam shall be deemed, and shall remain, the property of Freejam and/or its Third Party Providers from the moment of uploading or transmission.

Accordingly, Freejam shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity, throughout the universe and you hereby assign to Freejam as a present assignment of future rights all such intellectual property rights to the extent owned by you. To the extent any of the User Content is not assignable, by submitting User Content to a Freejam Communication Feature, you agree that Freejam and/or its Third Party Providers shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any User Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by Freejam and/or its Third Party Providers of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

4. Links

The Website, including the Freejam Communication Features, may provide and users may include in messages, links to other web sites or resources. Freejam and its Third Party Providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Freejam and its Third Party Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.

C. Events and CM Interaction

When the CM is initiating events, players are to listen to the CMs instructions as well as to obey instructions when directly given to the player. When a CM is in communication with the players, they are expected to listen and to be as cooperative as possible. If the player disobeys or neglects to acknowledge the CM, the end result can range from no penalties to punishments as severe as account suspension or account closure, depending on the situation that has occurred.

D. Marketing Communications Opt In and Out Policy

Freejam will send regular communication about updates to the game, new features and content via various communication channels including Social Networks, the Robocraft Website RSS Feed, Xbox Community announcements and Email Newsletter. New user registrations are automatically ‘opted in’ to email notifications (that are sent on an approximate 2 week frequency) and all users can opt-out of these transmissions via a one-click ‘unsubscribe’ option clearly presented at the bottom of all communication emails. Freejam will never use your email address for 3rd party marketing communications.

E. Epilepsy Warning

Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.

F. Service Interruption

1. Freejam reserves the right to interrupt the Website or other services (collectively, Service) from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.

2. You acknowledge that the Service may be interrupted for reasons beyond the control of Freejam, and Freejam cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Freejam shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.

II. Intellectual Property

A. General

The Website, the Game, including, without limitation, all Freejam Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, images, illustrations, databases, software, photographs, video, graphics, music and sound, and the entire contents of the Website and each area contained therein are copyrighted as a collective work under the United Kingdom copyright laws. Freejam owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Website (including, without limitation, content that the Website enables you to download) without the express written permission of Freejam and any other applicable owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice may be made. The downloading of copyrighted material from the Website is allowed by you only for your own use. You acknowledge that Freejam and/or third-party content providers remain the owners of all materials posted on the Website, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

Freejam hereby grants to each Website game subscriber or member that is in good standing (i.e. a subscriber or member (1) who is current in his or her payment of all applicable fees for their use of the games and services on the Website to which he or she subscribes and (2) who complies with the Terms of Use and Privacy Policy of Freejam and is not otherwise in breach of this Agreement), such grant to be automatically revoked as of the moment that the subscriber’s account is no longer in good standing, a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use (a) the relevant Freejam game name, and (b) trademarks and copyrighted material from the applicable game, including non-player character (NPC) names and images, deity and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collectively, the “Freejam Game Property”), solely to be used for material (for example, so-called “fan fiction” and “fan artwork”) that the Game Subscriber posts to and/or transmits through Freejam Communication Features (“Game Licensed Content”) in accordance with this Agreement — and for no other use. Each Game Subscriber undertakes to Freejam that any Game Licensed Content that he or she provides shall comply in all respects with this Agreement.

B. Copyright and Trademark Notices

Freejam and Freejam’s corporate logo are trademarks or registered trademarks of Freejam in the United Kingdom, and all rights, title and interests in and to any and all such marks are hereby expressly reserved by Freejam. All other trademarks, service marks, trade names and logos that appear within Freejam games or are displayed on the Website are the property of their respective owners.

The Game, the Website, and all materials, information and data contained or displayed within the games, and/or otherwise appearing within the Website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Freejam. All rights that have not been expressly granted to you pursuant to these terms are hereby expressly reserved by Freejam. Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of the games, the Website and/or any of the materials (or any portion or derivative of any such items), directly or indirectly, is strictly prohibited unless the written consent of the applicable copyright owner or relevant sublicensor (if any) is first obtained.

C. Fan Websites

Solely in connection with your fansite or your fansite pages dedicated to the games that Freejam develops, publishes and/or distributes, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain Freejam and Third Party Provider game-related images, graphics or artwork (the “Freejam Fansite Content”) and certain Freejam and Third Party Provider trademarks and logos (the “Freejam Marks”) that Freejam may expressly designate “for fansite use” on fansite pages at www.robocraftgame.com or its associated game sites, so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time in accordance with this Agreement. You acknowledge and agree that Freejam shall have the right to amend, delete, add to or otherwise modify any Freejam Fansite Content used or accessed by you, without prior notice.

As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to Freejam that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the game, Freejam, its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, Freejam may terminate the grant set forth in Section III©(1). Your ownership in the fansite excludes the Freejam Fansite Content and Freejam Marks and excludes any derivative works based upon or including the Freejam Fansite Content and/or Freejam Marks. The fansite is not a “Joint Work”, and is not otherwise a joint, collective or collaborative work under any applicable laws.

You agree to include Freejam’s trademark, copyright or other proprietary rights notices, as provided on the fansite page for the game referenced, when displaying Freejam Fansite Content or Freejam Marks, and agree to comply with usage guidelines that may be provided by Freejam from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Freejam Fansite Content or Freejam Marks, including in digital form; nor challenge Freejam’s or its Third Party Provider’s ownership of the Freejam Fansite Content or Freejam Marks, nor use or adopt any trademarks that might be confusingly similar to such Freejam Marks.

Freejam reserves all rights, title and interest in and to the Freejam Fansite Content and Freejam Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the Freejam Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on the Website, without the express written permission of Freejam. Freejam does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon Freejam Fansite Content or Freejam Marks is expressly prohibited.

If you intend to charge a subscription or access fee to generate revenue from the fansite, we would require you to execute a simple license agreement with us. The limited permission granted here with respect to fansite use of certain Freejam Fansite Content and Freejam Marks does not cover such circumstances.

Under no circumstances will Freejam be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. Freejam reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.

D. Submissions, Fan Fiction, Artwork, Content, and Photographs

Freejam is pleased to hear from its customers and welcomes your comments regarding Freejam’s online services. Unfortunately, however, Freejam’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Freejam’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. You understand that whether or not such creative ideas, suggestions or materials are published, Freejam does not under any circumstances guarantee any confidentiality with respect to any submissions.

Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so (other than Content transmitted on Freejam Communication Features) and any and all Licensed Content (collectively, “Submissions”) shall be deemed, and shall remain, the property of Freejam from the time of uploading or transmission. Accordingly, Freejam shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, in perpetuity, throughout the universe and you hereby assign to Freejam as a present assignment of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Submissions are not assignable, you agree that Freejam shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by Freejam and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

If you upload any photograph, video, or audio file to or through any Freejam Communication Feature, to the extent permitted by applicable laws, you (i) grant to Freejam the non-exclusive, worldwide right to use, post, publish and display such material on the Website, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, video, or audio file, (iii) promise that the material is either a picture, video, or audio file of you or that duplication and distribution of the material will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are over the age of ten (10). You understand that, once your photograph, video, or audio file is posted, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against Freejam and release Freejam from any and all liability arising from or related to the submission and Freejam’s or any third party’s use or transmission of the photograph, video, or audio file.

In connection with submissions you agree that you will never submit any material that is copyrighted or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material. Freejam does not permit copyright infringing activities and infringement of intellectual property rights. Freejam will remove all submissions if properly notified that such submission infringes another’s intellectual property rights.

III. Disclaimers

A. Disclaimer of Warranties

Your access and use of the Website and/or any of the various products and services relating to Freejam games and/or that are accessible as part of the Website is and will be entirely at your own risk and expense. Please be advised that neither the materials nor the Third-Party Content have been verified or authenticated in whole or in part by or for Freejam, and, accordingly, the audiovisual content and related information and data may include inaccuracies or typographical or other errors. Freejam does not make any representations or grant any warranties regarding the Website, games, materials, any Third-Party Content, and/or any other subject matters of this Agreement, including, without limitation, any representation or warranty regarding the accuracy or timeliness of the materials or the Third-Party Content contained within or otherwise displayed as part of the Website. Freejam shall have no obligations or liability for any errors or omissions of or concerning the Website, the games, the materials and/or any Third-Party Content, whether provided by Freejam or our licensors or any third-party contributors or other sources of any such items.

NEITHER FREEJAM, FREEJAM’S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE WEBSITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FREEJAM PARTIES”), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL FREEJAM COMMUNICATION FEATURES. FREEJAM PARTIES DO NOT MAKE ANY WARRANTY THAT YOU WILL BE ABLE TO USE OR ACCESS THE FREEJAM’S WEBSITE (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOICE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FREEJAM PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.

B. Limitation of Liability

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL ANY OF THE FREEJAM PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE WEBSITE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE WEBSITE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE WEBSITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, EVEN IF FREEJAM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY FREEJAM PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE WEBSITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE WEBSITE.

NEITHER THE FREEJAM PARTIES NOR ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL FREEJAM COMMUNICATION FEATURES OF THE WEBSITE, BY ANYONE OTHER THAN AUTHORIZED FREEJAM EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL FREEJAM, ANY FREEJAM THIRD PARTY PROVIDER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL FREEJAM COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL FREEJAM COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT FREEJAM SHALL NOT BE LIABLE FOR USERS’ SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NEITHER THE FREEJAM PARTIES NOR ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE WEBSITE AND NONE OF THE FREEJAM PARTIES OR WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IV. Amendments

This Policy may change from time to time, so please check back periodically to ensure that you are aware of any changes. If we make a material change to the Policy, we will notify you by posting the change on the Policy and, if necessary, give you additional choices regarding such change. Your continued use of our Website will signify your acceptance of these changes.

V. Report Violation

Please report any violations of the Terms of Agreement to our Compliance Department

If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact Freejam.