Games
Welcome to MMOSocial, a social cloud of Massive-Multiplayer Online enthusiasts and online gaming cousings that connects you with the people (e.g. allies or "friends", and enemies) around you. The MMOSocial service and network (collectively, "MMOSocial" or "the Service") are operated by Mungo Creations, LLC. (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.mmosocial.com or mobile compatible versions inherent of mobile browsers thereof (together the "Site") or by posting a MMOSocial Divvy Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of MMOSocial. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended
solely for Users who are thirteen (13) years of age or older, and any registration
by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed
and in violation of these Terms of Use. By using the Service or the Site,
you represent and warrant that you are 13 or older and that you agree to and
to abide by all of the terms and conditions of this Agreement. The Company
may terminate your membership, delete your profile and any content or information
that you have posted on the Site and/or prohibit you from using or accessing
the Service or the Site (or any portion, aspect or feature of the Service
or the Site) for any reason, at any time in its sole discretion, with or without
notice, including without limitation if it believes that you are under 13.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate,
current and complete information about you as may be prompted by any registration
forms on the Site ("Registration Data"); (b) maintain the security of your
password and identification; (c) maintain and promptly update the Registration
Data, and any other information you provide to Company, to keep it accurate,
current and complete; and (d) be fully responsible for all use of your account
and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Web site, including but not limited to designs, text,
graphics, pictures, video, information, software, music, sound and other files,
and their selection and arrangement (the "Site Content"), are the proprietary
property of the Company, its Users or its licensors with all rights reserved.
No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in any form
or by any means, in whole or in part, without the Company's prior written
permission, except that the foregoing does not apply to your own User Content
(as defined below) that you legally post on the Site. Provided that you are
eligible for use of the Site, you are granted a limited license to access
and use the Site and to download or print a copy of any portion of the Site
Content solely for your personal, non-commercial use, provided that you keep
all copyright or other proprietary notices intact. Except for your own User
Content, you may not republish Site Content on any Internet, Intranet or Extranet
site or incorporate the information in any other database or compilation,
and any other use of the Site Content is strictly prohibited. Such license
is subject to these Site Terms and does not include use of any data mining,
robots or similar data gathering or extraction methods. Any use of the Site
or the Site Content other than as specifically authorized herein, without
the prior written permission of Company, is strictly prohibited and will terminate
the license granted herein. Such unauthorized use may also violate applicable
laws including without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these Site Terms shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
Trademarks
MMOSocial, MMOSocial Meet your Allies - Know your Enemies, MMOSocial Divvy
and other Company graphics, logos, designs, page headers, button icons, scripts
and service names are registered trademarks, trademarks or trade dress of
Company in the U.S. and/or other countries. Company's trademarks and trade
dress may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of the Company.
User Conduct
You understand that except for self-service advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its Users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles, video and text messages,
notes, text, information, music, video, advertisements and other content that
you upload, publish or display (hereinafter, "post") on or through the Service
or the Site, or transmit to or share with other Users (collectively the "User
Content"). You understand and agree that the Company may, but is not obligated
to, review and delete or remove (without notice) any User Content in its sole
discretion, including without limitation User Content that in the sole judgment
of the Company violate this Agreement or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of Users or
others.
By posting User Content to any part of the Site, you automatically grant,
and you represent and warrant that you have the right to grant, to the Company
an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose on or in connection with the Site or the
promotion thereof, to prepare derivative works of, or incorporate into other
works, such User Content, and to grant and authorize sublicenses of the foregoing.
You may remove your User Content from the Site at any time. If you choose
to remove your User Content, the license granted above will automatically
expire.
MMOSocial Mobility Access Services
The Service includes certain services that are available via your mobile
phone, including (i) the ability to view content at MMOSocial, (ii) the ability
to receive and reply to MMOSocial messages and (iii) the ability to browse
MMOSocial from your mobile phone (Mobile Web) (collectively the "Mobile Services").
We do not charge for these Mobile Services. However, your carrier's normal
messaging, data and other rates and fees will still apply. You should check
with your carrier to find out what plans are available and how much they cost.
By using the Mobile Services, you agree that we may communicate with you regarding
MMOSocial and its partners by SMS, MMS, text message or other electronic means
to your mobile device and that certain information about your usage of the
Mobile Services may be communicated to us.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright
which you own or control, you may send a written notification of such infringement
to our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Lance Crosby, Esq.
Full Address of Designated Agent to Which Notification Should be Sent: 6400
International Parkway, Suite 1200, Plano, TX 75093
Telephone Number of Designated Agent: 972.930.0704
Facsimile Number of Designated Agent: 972.930.9904
E-Mail Address of Designated Agent: copyright@softlayer.com
To meet the notice requirements under the Digital Millennium Copyright Act,
the notification must be a written communication that includes the following:
To be considered effective, a notification of a claimed copyright infringement
must be provided via email or regular mail to SoftLayer and must include the
following information:
- An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SoftLayer to locate the material.
- Information reasonably sufficient to permit SoftLayer to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Misrepresentations - any person who knowingly materially misrepresents under this section
- that material or activity is infringing, or
- that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by SoftLayer, who is injured by such misrepresentation, as the result of SoftLayer relaying upon such misrepresentations in removing or ceasing to disable access to it.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Company has adopted a policy of terminating, in appropriate
circumstances and at Company's sole discretion, members who are deemed to
be repeat infringers. Company may also at its sole discretion limit access
to the Site and/or terminate the memberships of any Users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
Links to Other Websites and Content
The Site contains (or you may be sent through the Site or the Services) links
to other web sites ("Third Party Sites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information, software
and other content belonging to or originating from third parties (the "Third
Party Content"). Such Third Party Sites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third Party Sites accessed through the
Site or any Third Party Content posted on the Site, including without limitation
the content, accuracy, offensiveness, opinions, reliability or policies of
or contained in the Third Party Sites or the Third Party Content. Inclusion
of or linking to any Third Party Site or any Third Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third Party Sites, you do so at your own risk and you should
be aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site.
Divvy Service
Company offers a feature whereby Users of the Site can "Divvy"
(share) with others or post to their own member profile, videos, articles
and other Third Party Content from, and/or links to, Third Party Sites through
the Service (the "MMOSocial Divvy Service", herein after "Divvy Service").
You acknowledge and agree that your use of the Divvy Services and all links,
User Content or Third Party Content shared through the Divvy Service is subject
to, and will fully comply with the User conduct rules set forth above and
the other terms and conditions set forth in these Terms of Use.
Use of Divvy Links by Online Content Providers
Subject to the terms and conditions of these Terms of Use, Third Party Sites
that meet the requirements set forth below may place a Divvy Link (as described
below), in the form approved by Company, on pages of their web sites to facilitate
use of the MMOSocial Divvy Service. A Third Party Site that posts a Divvy
Link on its web site is referred to herein as an "Online Content Provider"
and shall abide and be subject to the applicable sections of these Terms of
Use. A "Divvy Link" is a button and/or a text link appearing on an Online
Content Provider's web page that, upon being clicked by a User, enables us
to launch a sharing mechanism through which Users can share with others or
post to their own member profile, links and content from that page.
In the event that the Divvy Link is a button that contains any icons or other
graphic images, trademarks or other proprietary materials of Company, Online
Content Provider is granted permission to use such images, trademarks or other
materials solely for the purpose of placing the Divvy Link on Online Content
Provider's site and solely in the current form provided by the Company. In
the event that the Divvy Link is a text link, it must include the word "MMOSocial"
as part of the link. The rights granted in this paragraph may be revoked by
Company at any time with or without cause in its sole discretion, and upon
such termination, Online Content Provider agree to immediately remove all
Divvy Links from its site.
In order for an Online Content Provider to include a Divvy Link on its pages,
the Third Party Site must not contain any web content that if shared or posted
by a User would be a violation of the User conduct rules set forth above.
Without limiting the forgoing, Online Content Provider agrees not to post
a Divvy Link on any web site that contains, and represents and warrants that
such web site does not and will not contain, any content that is infringing,
harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing,
vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights
or that may expose Company or its Users to any harm or liability of any type.
Upon including of a Divvy Link, Online Content Provider agrees to defend,
indemnify and hold Company, its subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless
from and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with
such Divvy Link, any links, content or other items or materials which may
be shared or posted through such Divvy Link, or any breach or alleged breach
of the foregoing representations and warranties.
By including a Divvy Link, Online Content Provider automatically grants, and
represents and warrants that it has the right to grant, to the Company an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use the MMOSocial Divvy Service
in order to link to, use, copy, publish, stream, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), summarize, and
distribute the content, links and other materials of any kind residing on
any web pages on which Online Content Provider places the Divvy Link.
User Disputes
You are solely responsible for your interactions with other MMOSocial Users.
We reserve the right, but have no obligation, to monitor disputes between
you and other Users.
Privacy
We care about the privacy of our Users. Click here to view the Site's Privacy
Policy. By using the Site or the Service, you are consenting to have your
personal data transferred to and processed in the United States.
Disclaimers
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT
WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM
YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS
ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM
OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000.
YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL
BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND
SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE
CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws
of the State of New Jersey, without regard to principles of conflict of laws,
will govern these Terms of Use and any dispute of any sort that might arise
between you and the Company or any of our affiliates. With respect to any
disputes or claims not subject to arbitration (as set forth below), you agree
not to commence or prosecute any action in connection therewith other than
in the state and federal courts of California, and you hereby consent to,
and waive all defenses of lack of personal jurisdiction and forum non conveniens
with respect to, venue and jurisdiction in the state and federal courts of
New Jersey.
Arbitration
YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY
AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE
SITE TERMS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF
THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except
that, to the extent that either of us has in any manner infringed upon or
violated or threatened to infringe upon or violate the other party's patent,
copyright, trademark or trade secret rights, such other party may seek injunctive
or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in the
case of consumer disputes, the AAA's Supplementary Procedures for Consumer
Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules").
The location of the arbitration and the allocation of costs and fees for such
arbitration shall be determined in accordance with such AAA Rules and shall
be subject to the limitations provided for in the AAA Consumer Rules (for
consumer disputes). If such costs are determined to be excessive in a consumer
dispute, the Company will be responsible for paying all arbitration fees and
arbitrator compensation in excess of what is deemed reasonable. The arbitrator's
award shall be binding and may be entered as a judgment in any court of competent
jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM
UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM,
INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER
OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In
no event shall any claim, action or proceeding by you related in any way to
the Site and/or the Service (including your visit to or use of the Site and/or
the Service) be instituted more than three (3) year after the cause of action
arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates,
and each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, any Third Party Content you post or share on or through
the Site (including without limitation through the Share Service), your use
of the Service or the Site, your conduct in connection with the Service or
the Site or with other Users of the Service or the Site, or any violation
of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Site or the Service ("Submissions"),
provided by you to Company are non-confidential and shall become the sole
property of Company. Company shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination
of these Submissions for any purpose, commercial or otherwise, without acknowledgment
or compensation to you.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
