ARTIFACT TECHNOLOGIES TERMS OF SERVICE
Date of Last Revision: October 09, 2012
These Terms of Service are a legally binding agreement that governs your access to and use of: (a) the Artifact Technologies web site currently located at www.rainsparklabs.com and any successor web sites, related web sites, or other access points made available by Artifact Technologies, LLC directly via the internet or via other devices, interfaces, or access points (collectively, the “Site”); (b) any and all games, applications, or other software that are offered by Artifact Technologies, LLC via the site, including any such games, applications, or software made downloadable at, or otherwise accessible through, third-party web sites or other third-party-operated or controlled access points (collectively, the “Software”); and (c) all services offered to you by Artifact Technologies, LLC. through the Site and the Software (collectively, the “Services”). References in these Terms of Service to “Artifact Technologies,” “we,” “us,” and “our” refer Artifact Technologies, LLC. and its subsidiaries and other affiliates.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SITE, SOFTWARE, OR SERVICES. BY USING OR ACCESSING THE SITE, SOFTWARE, OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL RULES, POLICIES, AND GUIDELINES INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “TERMS OF SERVICE”). THIS INCLUDES THE PROVISIONS IN WHICH YOU AGREE TO INDEMNIFY, DEFEND, AND HOLDARTIFACT TECHNOLOGIES HARMLESS FROM ANY CLAIMS THAT MAY ARISE FROM ANY USER CONTENT (AS DEFINED IN SECTION 3 BELOW) THAT YOU POST, STORE, OR OTHERWISE TRANSMIT ON OR THROUGH THE SITE, SOFTWARE, OR SERVICES (SEE SECTION 19 ENTITLED “INDEMNIFICATION”); THOSE PERMITTING US TO SUSPEND, CANCEL, OR TERMINATE YOUR USE OF AND ACCESS TO THE SITE, SOFTWARE, OR SERVICES AT ANY TIME AND FOR ANY REASON (SEE, FOR EXAMPLE, SECTION 26 ENTITLED “TERM AND TERMINATION”); AND THOSE REQUIRING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SITE, SOFTWARE, OR SERVICES TO BE SETTLED BY MANDATORY BINDING ARBITRATION (SEE SECTION 25 ENTITLED “DISPUTE RESOLUTION AND BINDING ARBITRATION”); AND THOSE WAIVING LEGAL CLAIMS BASED ON THE LOSS OF OR DAMAGE TO THE VALUE OF ANY OR ALL VIRTUAL ITEMS, VIRTUAL CURRENCY, CHARACTERS, OR OTHER DIGITAL CONTENT LICENSED TO YOU FOR YOUR USE IN CONNECTION WITH THE SITE, SOFTWARE, OR SERVICES (SEE SECTION 20 ENTITLED “RELEASE AND WAIVER OF LIABILITY”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SITE, SOFTWARE, OR SERVICES.
1. MODIFICATION OF THESE TERMS OF SERVICE
We reserve the right to change or modify any of the terms and conditions contained in these Terms of Service or any rule, policy, or guideline governing your access to or use of the Site, Software, or Services at any time and in our sole discretion. Notice of any modification of these Terms of Service will be provided by posting the updated Terms of Service on the Site or through the Software with the date of the last revision at the top, and any such modifications will be effective upon the posting of such notice. You hereby waive any right you may have to receive other notice of such changes, and your continued access or use of the Site, Software, or Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable rules, policies, and guidelines in order to understand the terms and conditions that apply to your access to and use of the Site, Software, and Services. If you do not agree to any changes in these Terms of Service as they may occur, you must terminate your registration with us, if applicable, and, in any event, immediately discontinue your access to or use of the Site, Software, or Services.
a. General Eligibility Requirements. In general, you may access and use the Site, Software, and Services at no cost. However, in order to be eligible to access or use the Site, Software, or Services or become a registered user of the Site, Software, or Services, if applicable, you must: (i) be at least 18 years of age (or the age of majority in your jurisdiction, if it is older); (ii) be a resident of the United States, its territories or possessions, or another location or foreign jurisdiction in which we expressly authorize access to the Software and the Services; (iii) maintain accurate and complete information in your user account, if applicable; and (iv) comply with these Terms of Service. We reserve the right to determine, from time-to-time, the locations and jurisdictions in which the Software and Services may be accessed or used. Further, we reserve the right to determine the third-party web sites or other third-party-operated or controlled access points in each location and jurisdiction through which the Software or Services may be accessed or used (each, a “Third-Party Site”). Authorized locations and jurisdictions and authorized web sites and access points are subject to change without prior notice. Please refer to Section 27 below regarding U.S. export control laws and your representation that you are not located in, under the control of, or a national or resident of any restricted jurisdictions or on any restricted lists.
b. Criminal History. By accessing or using the Software or Services, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. We do not currently conduct criminal background screenings on our users, Including our registered users. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with these Terms of Service. FURTHER, WE RESERVE THE RIGHT TO DENY ACCESS TO OR USE OF THE SITE, SERVICE, OR SOFTWARE TO ANY INDIVIDUAL OR ENTITY, ESPECIALLY TO THE EXTENT WE HAVE A REASONABLE, GOOD-FAITH BELIEF THAT SUCH DENIAL IS NECESSARY OR ADVISABLE IN ORDER TO PROTECT OUR USERS, OUR EMPLOYEES, OR THE GENERAL PUBLIC FROM ABUSE, HARASSMENT, OFFENSIVE CONDUCT, OR OTHER RISK OR HARM.
3. USER CONTENT AND INTERACTIVE AREAS
a. Access to Interactive Areas and User Content. The Site, Software, and Services Include discussion forums, user-generated content, or other interactive areas or services (“Interactive Areas”), Including public message boards, wall posts, discussion forums, and chat rooms, online hosting or storage services, and other areas or services in which you or other users, subscribers, or account holders may create, post, or store content, messages, opinions, advice, statements, reviews, comments, materials, media, data, information, text, music, sound, photos, video, graphics, software, code, or other items, materials, or information on the Site (“User Content”). User Content may be accessible by visitors to and registered users of the Site, Software, and Services, or it may be accessible only by you and other registered users specifically designated by you. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF SUCH INTERACTIVE AREAS AND USE THEM AT YOUR OWN RISK, AND, PURSUANT TO SECTION 19 BELOW, YOU AGREE TO INDEMNIFY US FOR ANY CLAIMS THAT MAY ARISE FROM, AMONG OTHER THINGS, ANY USER CONTENT THAT YOU POST, STORE, OR OTHERWISE TRANSMIT ON OR THROUGH THE SITE, SOFTWARE, AND SERVICES. All User Content, whether publicly posted on or privately transmitted via the Site, Software, or Services, is the sole and exclusive responsibility of the person from whom the User Content originated and not of us or our directors, officers, employees, or agents.
b. Restrictions on User Content. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to, through, or on the Site or through the Software any of the following:
i. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, racist, bigoted, inflammatory, fraudulent, or otherwise objectionable;
ii. User Content that would constitute, encourage, or provide instructions for a criminal offense (such as instructions on how to make or buy illegal weapons or drugs), violate the rights of any party, incite violence against a third party, or that would otherwise intentionally or unintentionally create liability or violate any local, state, national, or international law, regulation, ordinance, or treaty, Including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
iii. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to use, distribute, display, perform, and reproduce such User Content;
iv. User Content in which you have deleted author attributions, legal notices, or proprietary designations or labels;
v. User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
vii. User Content that harms minors or children in any way, or risks harm to minors or children in any way, Including any User Content accessible by the public that in any way exploits a person, or persons, under the age of 18 in any sexual or violent manner or solicits personal information from a person, or persons, under 18 years of age;
viii. Unsolicited promotions, political campaigning, evangelism, advertising, or solicitations, Including but not limited to “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing schemes” or any other forms of unauthorized or unlawful solicitations or promotions;
ix. User Content accessible to the public that contains private information of any third party, Including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers or other tax ID numbers, credit card numbers, internet protocol addresses, and URLs;
x. Any material that contains software viruses, corrupted data, or other harmful, disruptive, or destructive files, Including but not limited to any software, code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware or telecommunications equipment;
xi. Any material that interferes with or disrupts the Site, Software, Services, or servers or networks connected to the Site and Software; and
xii. User Content that we have a reasonable, good-faith belief is objectionable, unlawful, or that restricts or inhibits any other person from using or enjoying the Interactive Areas of the Site or Software, or that may expose us, our employees, our Partners, our users, or member of the public to any harm, risk of harm, or liability of any type.
c. Monitoring of Interactive Areas and User Content. We take no responsibility and assume no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK. As a provider of interactive services, we are not liable for any statements, representations, or User Content provided by our users in any public forum, personal home page, or other Interactive Area. It is your responsibility to evaluate the User Content available through the Site, Software, and Services. Although we have no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site or available through the Software at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or in connection with the Software at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site or via the Software in violation of the foregoing violates these Terms of Service and may result in, among other things, suspension, cancellation, or termination of your rights to use the Interactive Areas, Site, Software, or Services at our sole discretion.
d. Your Grant of a License to Us. If you post User Content to the Site or in connection with the Software, unless we indicate otherwise, you grant us and our licensees a non-exclusive, royalty-free, fully paid, perpetual, irrevocable, fully sublicensable, and fully assignable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media, Including for marketing and promotional purposes. Further, you grant us and our licensees the right to use the user name or screen name that you submit in connection with such User Content, if we choose.
4. REGISTERING WITH US
a. Registration Requirements; Premium Subscriptions. You may be offered the opportunity to become a registered user of the Site, Software, or Services. In general, you may become a registered user at no cost. As a registered user, you will have the ability to participate in some, but perhaps not all, of the features and functionality available at the Site or as part of the Software and Services. In order to access additional features and functionality, you may need to become a premium subscriber to the Site, Software, and Services for a fee. In the event that we decide to offer premium subscriptions to users (each, a “Premium Subscription”), a description of the current Premium Subscription and associated fees will be made available to you at the Site or through the Software. The Premium Subscription policies that are made available to you in connection with your decision to become a premium subscriber are deemed part of these Terms of Service and are incorporated by this reference. In order to be able to purchase a Premium Subscription, you must, in addition to the requirements in Section 2 above, register with a valid credit card (Mastercard® or Visa®) or other payment method that we, in our sole discretion, elect to accept as payment.
b. Purchasing Virtual Goods, Online Merchandise, Virtual Currency, and Premium Subscriptions. In order to purchase (i) any virtual items, characters, or other digital content (collectively, “Virtual Goods”); (ii) any merchandise or other tangible products (collectively, “Online Merchandise”); (iii) any Premium Subscriptions; or (iv) any virtual coins, cash, points, credits, codes, awards, or similar online virtual currency systems that may be used by you to acquire Virtual Goods, Online Merchandise, Premium Subscriptions, or other products or services (collectively, “Virtual Currency”), in each case as made available by us for purchase by you as part of the Site, Software, or Services, you may, in addition to the requirements in Section 2 above and the requirements regarding registration of an acceptable payment method in Section 4.a above, be required to have: (i) an active registered Artifact Technologies account in good standing, (ii) an active registered user account in good standing if required by any applicable Third-Party Site; or (iii) both, depending on the circumstances.
c. Registration Data. In registering with us for any reason, which may Include accessing certain features and functionality, you agree to (i) provide accurate, current, and complete information about you as may be prompted by the registration process (“Registration Data”); (ii) maintain the security of your account name, user ID, and password; (iii) maintain and promptly update the Registration Data, and any other information you provide to us or a Third-Party Site, to keep it accurate, current, and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to us or a Third-Party Site to the extent such unauthorized access is caused by your failure to maintain the security of your account name, user ID, or password.
d. Maintenance of Your User ID and Password. You are responsible for your account name, user ID, and password, Including any such account name, user ID, or password created or assigned in connection with a Third-Party Site. You acknowledge that it is solely your responsibility to maintain the confidentiality of your account names, user IDs, and passwords and keep track of who is using your accounts. You are solely responsible for any activity related to your accounts. KEEP YOUR ACCOUNT NAMES, USER IDS, AND PASSWORDS PRIVATE AND NEVER SHARE THEM WITH ANYONE. No employee of Artifact Technologies will ever ask you for your password in written correspondence or any other form of communication. Any distribution by you of your account names, user IDs, or passwords may result in cancellation of the Services and termination of your access to and use of the Site and Software without refund and the imposition of additional charges based on such unauthorized use. If you suspect any unauthorized use of your accounts related to the Site, Software, or Services, Including your accounts with a Third-Party Site, or if you believe such account names, user IDs, or passwords have been compromised, immediately notify us or, if applicable, the Third-Party Site (see contact information in Section 30, below).
5. PAYMENT OPTIONS AND AUTHORIZATION; PAYMENT TERMS; CANCELLATIONS AND REFUNDS; TAXES
a. Payment Options. To the extent that purchases may be made through the Site, Software, or Services, Including purchases of Virtual Goods, Online Merchandise, Virtual Currency, or Premium Subscriptions, such purchases require a valid credit card (MasterCard or Visa) or other payment method that we, in our sole discretion, elect to accept as payment. A list of acceptable payment methods will be made available to you through the Site, Software, or Services and may be updated by us at any time in our sole discretion.
b. Payment Terms. For purchases made through the Site, Software, or Services, you authorize us, or our designated third-party payment providers, to charge the credit card or other accepted payment method you designate in the amount specified in connection with the transaction. If you desire to designate a different form of payment, or if there is a change in your payment information, you must update your user account to reflect such change. You may experience temporary disruption of your access to the Site, Software, or Service while we are verifying new payment information. If you transmit to us, or one of our designated third-party payment providers, a purchase request, you warrant that your use of the particular credit card or other accepted payment method is authorized and that all information that you submit to us, or our designated third-party payment provider, is true and accurate (Including, without limitation, your credit card number, expiration date, and other account information), and you agree to pay all fees you incur.
c. Cancellations and Refunds. THERE ARE NO REFUNDS AND NO CANCELLATIONS OF ANY PAYMENTS MADE TO US, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE OR AS REQUIRED BY LAW. However, in order to ensure the integrity of the Site, Software, Services, we reserve the right to refuse or cancel any purchases or attempted purchases at any time in our sole discretion. Further, we may reverse certain transactions if we have a reasonable, good-faith belief that such transactions, alone or together with other transactions, are illicit, fraudulent, abusive, unlawful, or otherwise conducted in bad faith or as part of any form of illegal conduct or unfair dealing (which could Include such things as cheating, hacking, illegal gambling, money laundering, or other unlawful or prohibited activity). EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SERVICE OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.
d. Recurring Billing for Premium Subscriptions. If Premium Subscriptions are offered through the Site, Software, or Services, such Premium Subscriptions will consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into these Terms of Service, you acknowledge that your Premium Subscription, if any, has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of such Premium Subscription. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT OUR CUSTOMER SERVICE PERSONNEL (SEE CONTACT INFORMATION IN SECTION 30, BELOW).
e. Changes in the Amount Authorized. If the amount to be charged to you varies from the amount you previously authorized (other than due to the imposition or change in the amount of Sales Taxes (as defined below), if any), we shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
f. Auto-Renewal; Cancellation of Premium Subscriptions. Your Premium Subscription, if any, will be automatically extended for successive renewal periods of the same duration as the Premium Subscription term originally selected by you, at the then-current, non-promotional Premium Subscription rate. You may change or cancel your Premium Subscription at any time during the term of Premium Subscription, Including any renewal period, by contacting our customer support personnel (see contact information in Section 30, below). If you cancel your Premium Subscription, you may use your Premium Subscription until the end of your then-current Premium Subscription term, after which time your Premium Subscription will not be renewed. However, you will not be eligible for a pro-rated refund of any portion of the fees paid for your Premium Subscription for the then-current Premium Subscription period, Including any renewal period.
g. Free Trials and Other Promotions. Any free trial or other promotion that provides premium subscriber-level access to the Site, Software, or Service must be used within the specified time of the free trial or promotion. You must cancel your Premium Subscription before the end of the free trial period or promotional period in order to avoid being charged the then-current, non-promotional Premium Subscription rate. If you cancel prior to the end of the free trial period or promotional period and are inadvertently charged for a Premium Subscription, please contact our customer service personnel to have the charges reversed (see contact information in Section 30, below).
h. Payments Made Through Partners. The payment methods that we elect to accept for purchase of Virtual Goods, Online Merchandise, Virtual Currency, and Premium Subscriptions may Include one or more payment methods offered by a Third-Party Site or other Artifact Technologies business partner (collectively, “Partners”), in which case your payment may be made directly to a Partner and not to us. In such cases, the Partner will be responsible for your payment, Including cancellations and refunds, and the terms and conditions associated with your payment will be as set forth in the agreement between you and the applicable Partner.
i. Currency. Unless otherwise stated, all fees and charges are quoted and must be paid in U.S. Dollars. Purchases made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card company or other acceptable payment method provider.
j. Taxes. Your purchases through the Site, Software, or Services may be subject to applicable sales tax, use tax, value added tax, or other similar taxes, duties, or tariffs (collectively, “Sales Taxes”). In the event that Sales Taxes apply, we, or a Partner, if applicable, will collect the required Sales Taxes from you and remit it to the applicable tax authorities. Under most circumstances, the applicability of Sales Taxes will be determined by the residence of the person or entity making the purchase. We will not be responsible for any taxes on net income, or other taxes, duties, or tariffs associated with your purchases, except for Sales Taxes as described in this section or as required by applicable law. In the event that you make a purchase from us in return for redemption of Virtual Currency under circumstances in which Sales Taxes do apply, we will deduct the required Sales Taxes from the amount of Virtual Currency you redeem, and we will remit the required monetary amounts to the applicable taxing authority.
6. A WARNING ABOUT PURCHASING OR ACQUIRING VIRTUAL GOODS AND VIRTUAL CURRENCY
a. Restrictions Apply. You acknowledge and agree that any Virtual Goods or Virtual Currency that you purchase or otherwise acquire on the Site or as part of the Software or Services (a) consist of a limited license granted to you by us or our licensors (Including, in some cases, other users) solely for your own personal use in connection with the Site, Software, and Services; (b) are solely for entertainment purposes; and (c) in the case of Virtual Currency, are provided to you solely for your convenience. Virtual Goods and Virtual Currency are non-transferable, have no cash value, and are not redeemable or refundable for any sum of money or monetary value, except where explicitly authorized by us in the terms and conditions applicable to loyalty, awards, or promotional programs that we may offer from time-to-time. Transfers or exchanges of Virtual Goods and Virtual Currency, whether for real money or otherwise, are strictly prohibited except where explicitly authorized by us as part of the Site, Software, or Services, and may lead to a life-time ban from use of the Site, Software, or Services and/or other legal action. Virtual Goods and Virtual Currency do not constitute a personal property right and should never be purchased or acquired by you for speculative purposes or as an investment vehicle. IMPORTANT! VIRTUAL CURRENCY THAT MAY BE PURCHASED BY YOU FROM US AT THE SITE OR THROUGH USE OF THE SOFTWARE OR SERVICES DOES NOT EXPIRE, AND WE DO NOT CHARGE DORMANCY FEES, INACTIVITY FEES, OR OTHER SERVICE FEES IN RELATION TO SUCH VIRTUAL CURRENCY; HOWEVER, IF YOUR PERMISSION TO ACCESS OR USE THE SITE, SOFTWARE, OR SERVICES IS DISRUPTED, SUSPENDED, TERMINATED, OR CANCELLED FOR ANY REASON, INCLUDING AS A RESULT OF ERRORS, A RESET OF THE SITE OR SOFTWARE TO AN EARLIER STATE, OR OUR DECISION TO NO LONGER OFFER THE SITE, SOFTWARE, OR SERVICES, YOU MAY NOT HAVE ACCESS TO OR USE OF VIRTUAL CURRENCY THAT YOU HAVE PURCHASED OR OTHERWISE ACQUIRED, EITHER TEMPORARILY OR PERMANENTLY. We and our Partners retain the discretion to (a) modify the Site, Software, and Services, and the Virtual Goods available for use therein, Including, but not limited to, managing, controlling, and regulating the Site’s “virtual economy” or the “virtual economies” of Third-Party Sites, or otherwise created as part of the Software or Services, in whatever way we or such Partners see fit; (b) suspend, cancel, or terminate the Site, Software, Services, or Third-Party Sites; (c) temporarily or permanently eliminate the ability of you or others to purchase or otherwise acquire certain Virtual Goods or Virtual Currency; or (d) limit the amount of certain Virtual Goods or Virtual Currency that may be purchased or acquired during any given period of time. Therefore, you should participate in the purchase, acquisition, and use of Virtual Goods and Virtual Currency knowing that we and our Partners will be actively managing, controlling, and regulating our virtual economies and modifying the features, functions, abilities, and other elements of the Site, Software, Services, or Third-Party Sites, Including, among other things, making certain Virtual Goods and Virtual Currency more or less effective or functional, more or less common, or entirely unavailable. PURSUANT TO SECTION 11 BELOW, YOUR ACCESS TO AND USE OF VIRTUAL GOODS AND VIRTUAL CURRENCY IS A LIMITED USE RIGHT. YOU ACCEPT THE RISK OF LOSING ALL OR SOME OF THE “VALUE” IN THE VIRTUAL GOODS AND VIRTUAL CURRENCY THAT YOU PURCHASE, ACQUIRE, OR USE IN CONNECTION WITH YOUR USE OF THE SITE, SOFTWARE, AND SERVICES. PLEASE ACT RESPONSIBLY!
b. Additional Terms May Apply. Any Virtual Currency that we make available to you for purchase or acquisition at the Site or through use of the Software or Services, Including any such Virtual Currency that may be awarded to you as part of one or more loyalty, award, or promotional programs, may be subject to additional terms, conditions, rules, policies, or guidelines. A description of such terms, conditions, rules, policies, or guidelines will be made available to you at the Site or through the Software. Any such terms, conditions, rules, policies, or guidelines governing Virtual Currency that we make available to you for purchase or acquisition at the Site or through use of the Software or Services are deemed part of these Terms of Service and are incorporated herein by this reference.
8. CODE OF CONDUCT
a. Prohibited Activity. In connection with your use of the Site, Software, and Services, you agree that you will comply with the following Code of Conduct and not engage in any act, or series of acts, either alone or in concert with others, that constitutes Prohibited Activity. “Prohibited Activity” means the following:
i. Breach of any term, condition, or obligation set forth in these Terms of Service; other agreement between you and us; or any rule, policy, or guideline applicable to access to or use of the Site, Software, or Services, Including any features or functionality thereof.
ii. Using any Interactive Area (as defined in Section 3 above) to post, upload, transmit, distribute, store, create, or otherwise publish to, through, or on the Site any User Content (as defined in Section 3) prohibited by Section 3.
iii. Breach of any term, condition, or obligation in any agreement between you and one of our Partners or any of such Partner’s rules, policies, or guidelines.
iv. Violation of the intellectual property rights, privacy rights, or other rights of us or any third party, Including, but not limited to, such rights of any Partner.
v. Commission of any crime or violation of any applicable local, state, national, or international law, regulation, ordinance, or treaty Including, but not limited to, any fraud, misrepresentation, money laundering, or illegal gambling.
vi. Using, or attempting to use, any invalid or unauthorized credit card or other payment method in connection with the Site, Software, or Services.
vii. Engaging in any commercial activities using the Site, Software, or Services or using the Site, Software, or Services for the purpose of profiting or for the purpose of preparing for profiting, except as otherwise expressly authorized in writing by us or a Partner and then only for the limited purpose expressly authorized thereby.
viii. Using, developing, or distributing, or attempting to use, develop, or distribute, any cheat codes; devices; tools; automated systems, scripts, or processes (e.g., a “spider,” “bot", “cheat utility,” “scraper,” or “offline reader”); Including, but not limited to, any third-party code sets or utilities, or distributing, publishing, or otherwise making available or publicizing in any way any such cheat codes; devices; tools; or automated systems, scripts, or processes, whether in relation to the Site, Software, or Services or any products or services offered by a Partner. USE OF THE SITE, SOFTWARE, OR SERVICES TO BUY, PURCHASE, SELL, TRADE, ACQUIRE, OR EXCHANGE VIRTUAL GOODS OR VIRTUAL CURRENCY GENERATED, DIRECTLY OR INDIRECTLY, THROUGH USE OF ANY SUCH CHEAT CODES; DEVICES; TOOLS; OR AUTOMATED SYSTEMS, SCRIPTS, OR PROCESSES IS STRICTLY PROHIBITED.
ix. Providing any false, misleading, or inaccurate information to us or a Partner, or otherwise concealing any relevant information, in connection with your registration for use of the Site, Software, or Services or any products or services offered by a Partner.
x. Interfering with, in any way, any purchases of any Virtual Goods or Virtual Currency, Including by any means of fraud, misrepresentation, deception, or manipulation, or the use of any Virtual Currency to purchase or otherwise acquire Virtual Goods, Online Merchandise, or Premium Subscriptions in any manner that involves fraud, misrepresentation, deception, or manipulation ANY USE OF THE SITE, SOFTWARE, OR SERVICES FOR ANY FRAUDULENT OR DECEPTIVE ACT OR PRACTICE IS STRICTLY PROHIBITED.
xi. Using the Site, Software, or Services for any fraudulent or deceptive act or practice.
xii. In the event that you are under the age of 18 (or the age of majority in your jurisdiction, if it is older) or otherwise unable to form legally binding contracts in the jurisdiction in which you reside, using the Site, Software, or Services without the express consent of your parent or legal guardian in each instance.
xiii. Using or displaying any Virtual Goods or Virtual Currency to which you do not have rights, Including, in the case of Virtual Currency, using Virtual Currency to which you do not have rights to purchase or otherwise acquire any Virtual Goods, Online Merchandise, or Premium Subscriptions.
xiv. Failing to deliver payment for anything purchased by you through the Site, Software, or Services within the required time.
xv. Harassing, tormenting, intimidating, pestering, obstructing, or taking advantage of, or in any way harming, or risking harm to, us, our employees, a Partner, other users, or any other third party.
xvi. In any way promoting racism, bigotry, hatred, or physical harm of any kind against any group or individual.
xvii. Using any Interactive Area (as defined in Section 3) to post, upload, transmit, distribute, store, create, or otherwise publish to, through, or on the Site any User Content (as defined in Section 3) prohibited by Section 3 above.
xviii. Discriminating against, insulting, or defaming us, our employees, a Partner, another user, or any other third party or otherwise wrongfully causing harm to our credibility, reputation, or relationship with any third party.
xix. Accessing, or attempting to access, facilities, networks, equipment, or systems of us, a Partner, another user, or any other third party without authorization.
xx. Harvesting or collecting personal information, or engaging in activity designed to harvest or collect personal information, of any third party by any fraudulent, deceptive, manipulative, unlawful, or other unauthorized means.
xxi. Obstructing or interfering with, or creating the possibility of obstruction or interference with, the operation of the Site, Service, or Software.
xxii. Altering or deleting, or attempting to alter or delete, without authorization, our information or the information of any third party.
xxiii. Impersonating any person or entity in order to use or gain access to the Site, Software, or Services, Including, without limitation, use of any Artifact Technologies account or Partner account that is not your own.
xxiv. Impersonating a manager, employee, agent, or other representative of us or a Partner, past or present.
xxv. Transferring, or offering to transfer, your Artifact Technologies account information, user ID, or password to any other party without our authorization.
xxvi. Modifying, reverse engineering, decompiling, or analyzing the Site, Services, Software, or other products, software, or equipment belonging to us, a Partner, or any third party, Including any web site, forum, or message board; or creating, distributing, publishing, or otherwise making available any tools, code sets, or utilities for the performance of any of the foregoing.
xxvii. Taking any action that imposes, or may impose, an unreasonable load on the Site, Software, Services, or any infrastructure associated with Third-Party Site; taking any action that interferes, or attempts to interfere, in any manner whatsoever with the operation of the Site, Software, or Services; or bypassing, or attempting to bypass, methods we may use to prevent or restrict access to the Site, Software, or Services.
xxviii. Using, or attempting to use, the Site, Software, or Services, or any element thereof, for the purpose of exchanging, transferring, or distributing any pirated or other illegal software or other intellectual property of third parties without authorization.
xxix. Failing to comply with the instructions of any of our authorized personnel during your use of the Site, Software, or Services, Including any of our customer support personnel or that of a Partner.
xxx. Using, or attempting to use, the Site, Software, or Services despite the fact that we have previously suspended or revoked your privileges to use the Site, Software, or Services.
xxxi. Engaging in any other conduct that we have a reasonable, good-faith belief to be inappropriate or harmful, Including, but not limited to, any other false, misleading, manipulative, unfair, unlawful, or deceptive act or practice.
b. Remedies for Breach of the Code of Conduct. Any use of the Site, Software, or Services in violation of the foregoing violates these Terms of Service and may result in, among other things, suspension, cancellation, or termination of your permission to use the Site, Software, and Services in accordance with Section 26 below at our sole discretion. Further, you agree that we have the right to take any other action we deem advisable, Including, but not limited to, (i) the issuance of warnings; (ii) the suspension, cancellation, or termination of your use of Site, Software, or Services, in whole or in part; (iii) the sweeping of your account of any or all Virtual Goods or Virtual Currency; and (iv) the reporting of any activity we suspect violates any law, rule, or regulation to law enforcement or other appropriate authorities.
c. Remedies Exercised by Partners. Further, you understand that engaging in Prohibited Activity may constitute a breach of one or more applicable agreements between you and a Partner and that, as a result, the applicable Partner may have the right to exercise certain remedies, as set forth in your agreement with such Partner. Those remedies are in addition to any remedies that we may have the right to exercise, and the right of each Partner to take the steps that such Partner deems necessary or advisable to enforce the terms of any applicable agreement between you and the Partner shall not be limited in any way by these Terms of Service.
9. INTEGRITY OF COMPUTER PROGRAMS AND PROCESSES
10. BLOCKING OF INTERNET PROTOCOL ADDRESSES OR ACCESS FROM THIRD-PARTY SITES
In order to protect the integrity of the Site, Software, and Services, we reserve the right at any time in our sole discretion to block users from certain internet protocol (IP) addresses or block certain users from certain Third-Party Sites from accessing the Site or the Software.
11. LIMITED LICENSE TO COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
a. The Site and Site Materials. Unless otherwise indicated on the Site, the Site and all information, content, and other materials posted on the Site or otherwise made available through use of the Software or Services, Including, without limitation, our logo, trade names, trademarks, and service marks, and all designs, text, graphics, pictures, information, data, software, code, audio files, audio video files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are owned by us or our licensors (which may Include Partners or other users) and are protected by various state, federal, and international trademark and copyright laws. FOR THE AVOIDANCE OF DOUBT, “SITE MATERIALS” INCLUDES ANY AND ALL VIRTUAL GOODS AND VIRTUAL CURRENCY POSTED OR OTHERWISE MADE AVAILABLE FOR USE AT THE SITE OR THROUGH USE OF THE SOFTWARE OR SERVICES, INCLUDING ANY VIRTUAL GOODS OR VIRTUAL CURRENCY THAT YOU MAY BE ABLE TO PURCHASE OR ACQUIRE.
b. Limited License to the Site and Site Materials, Including Virtual Goods and Virtual Currency. You are granted a limited, personal, non-exclusive, non-transferable, non-sublicenseable, non-assignable license to access and use the Site Materials and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your own informational, non-commercial, and personal use only. Such license is subject to these Terms of Service and does not Include: (a) any resale or commercial use of the Site, Software, or Services or the Site Materials, except as otherwise expressly authorized in writing by us and then only for the limited purpose expressly authorized thereby; (b) the reproduction, distribution, public performance, or public display of any Site Materials, except as otherwise expressly authorized in writing by us and then only for the limited purpose expressly authorized thereby; (c) the modification, creation of derivative works, or other making of any derivative uses of the Site, Software, or Site Materials, or any portion thereof; (d) the use of any data mining, robots, spiders, scripts, or similar data gathering or extraction methods (Including, without limitation, scraping or other activities with the purpose of obtaining lists of users or extracting other information from the Site or Software); (e) the download (other than the page caching) of any portion of the Site, the Site Materials, or any information contained therein, except as otherwise expressly authorized in writing by us and then only for the limited purpose expressly authorized thereby; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site, Software, or Service or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in termination of 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 Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. THIS LIMITED LICENSE MAY BE REVOKED AT ANY TIME IN OUR SOLE DISCRETION AND WITHOUT ANY FURTHER OBLIGATION.
ARTIFACT TECHNOLOGIES™, the Artifact Technologies logo, and any other product name or service name or slogan contained in the Site or otherwise made available through use of the Software or Services are registered or unregistered trademarks of us, our Partners, or our licensors, and may not be copied, imitated, or used, in whole or in part, without our express prior written permission or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Artifact Technologies” or any other name, trademark, or product name or service name of us without our prior written permission. In addition, the look and feel of the Site and the Software, Including all page headers, custom graphics, button icons, and scripts, is our service mark, trademark, and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, service names, and company names, or logos mentioned in the Site or otherwise made available through use of the Software or Services that are not our property are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Reference to any products, services, processes, or other information by trade name, trademark, service mark, product name, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
13. CLAIMS OF COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT
We respect intellectual property rights, require our users to do the same, and have a mechanism in place to respond to the concerns of copyright holders. If you believe that your works have been copied and are accessible on the Site or otherwise made available through use of the Software or Services in a way that constitutes copyright infringement, you may file a notification of such infringement with our Designated Agent (see below).
If we receive a claim of copyright infringement, we reserve the right to refuse or delete any User Content (as defined in Section 3 below) posted, or to be posted, on the Site or otherwise made available through use of the Software or Services and to terminate a user’s Artifact Technologies account, if applicable. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, through the Software, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.
Our Designated Agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is our Head of Legal Affairs. The address of our Designated Agent is 3601 Fremont Ave North #315 Seattle WA 98103 Artifact Technologies, LLC. 3601 Fremont Ave North #315 Seattle WA U.S.A. The e-mail address of our Designated Agent is email@example.com.
14. REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, subscribers, or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site, Software, or Services and/or terminate the accounts of any users, subscribers, or account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. HYPERLINKS TO THE SITE
You are granted a limited, personal, non-exclusive, non-transferable, non-sublicenseable, non-assignable license to create a text hyperlink to the Site for non-commercial purposes; provided that such link does not portray us or any of our products and services in a false, misleading, derogatory, or otherwise defamatory manner; provided, further, that the linking site does not contain any adult or illegal material, any material related to illegal gambling, or any material that is offensive, obscene, harassing, or otherwise objectionable. This limited license may be revoked at any time in our sole discretion and without any further obligation. You may not use our logos or other proprietary graphics to link to this Site without our express prior written permission. Further, you may not use, frame, or utilize framing techniques to enclose any of our trademarks, service marks, trade names, logos, or other proprietary information, Including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page on the Site without our express prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of us or any third party.
16. THIRD-PARTY LINKS AND CONTENT
We may provide third-party content on the Site or through the Software and may provide links to web pages and content of third parties (collectively the “Third-Party Content”) as a service to those interested in this information. We do not monitor or have any control over any Third-Party Content or third-party web sites, Including, without limitation, Third-Party Sites (as defined in Section 2 above). We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, accuracy, completeness or reliability of Third-Party Content or third-party web sites accessible by hyperlink from the Site or via the Software, or web sites linking to the Site or Software, Including any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the Inclusion of any link does not imply our affiliation, endorsement, or adoption of any third-party site or any Third-Party Content. When you leave the Site, 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 or via the Software. Users use these links and Third-Party Content contained therein at their own risk.
17. ADVERTISEMENTS AND PROMOTIONS
We may run advertisements and promotions from third parties on the Site or via the Software, Including, for example, discount coupons, or may otherwise provide information about or links to third-party products and services on the Site or via the Software. Your business dealings or correspondence with, or participation in promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any products, services, advertising, or promotions on the Site that are not offered by us.
You acknowledge and agree that any materials, Including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of posts, e-mail, or other submissions to us, Including but not limited to any feedback or suggestions regarding the Site, Software, Services, or any of our other products or services, or any postings on the Site, are non-confidential and shall become our sole and exclusive property. We shall own exclusive rights, Including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial, or otherwise, without acknowledgment or compensation to you.
You agree to indemnify, defend, and hold harmless us; our independent contractors, service providers, and consultants; Third-Party Sites; other Partners; and each of their respective directors, officers, employees, and agents (collectively, “Artifact Technologies Parties”), from and against any claims, damages, costs, liabilities, and expenses (Including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) any User Content you post, store, or otherwise transmit on or through the Site, Software, and Services; (b) your conduct, acts, and omissions; (c) your violation of these Terms of Service, Including any applicable rules, policies, or guidelines; (d) your violation of any applicable laws, regulations, ordinances, or treaties, whether foreign or domestic; (e) your violation of the rights of any third party, Including Third-Party Sites or other Partners; or (f) your use of or inability to use the Site, Software, and Services, Including in each case, without limitation, any actual or threatened suit, demand, or claim made against the Artifact Technologies Parties.
20. RELEASE AND WAIVER OF LIABILITY
a. Release and Waiver. YOU AGREE THAT YOU WILL NOT ASSERT OR BRING ANY CLAIM OR SUIT AGAINST ANY ARTIFACT TECHNOLOGIES PARTY THAT IS RELATED, DIRECTLY OR INDIRECTLY, OR OTHERWISE ARISES OUT OF OR IS BASED ON A CLAIM FOR THE LOSS OF OR DAMAGE TO THE VALUE OF ONE OR MORE VIRTUAL GOODS OR ANY VIRTUAL CURRENCY, INCLUDING, BUT NOT LIMITED TO, ANY SUCH CLAIM OR SUIT ARISING OUT OF OR BASED ON (i) AN ACTION, OR ACTIONS, TAKEN BY US OR A THIRD-PARTY SITE THAT WE OR SUCH THIRD-PARTY SITE ARE ENTITLED TO TAKE PURSUANT TO THESE TERMS OF SERVICES OR THE APPLICABLE AGREEMENT BETWEEN YOU OR THE THIRD-PARTY SITE; (ii) A TEMPORARY OR PERMANENT DISRUPTION, SUSPENSION, CANCELLATION, OR TERMINATION OF YOUR USE OF OR ACCESS TO THE SITE, SOFTWARE, OR SERVICES OR A THIRD-PARTY SITE, INCLUDING AS A RESULT OF ANY MALFUNCTIONS, SOFTWARE ERRORS, AND/OR BUGS AND INCLUDING A RESET OF THE SITE OR SOFTWARE TO AN EARLIER STATE, OR (iii) MANAGEMENT, CONTROL, OR REGULATION BY US OR A PARTNER OF THE SITE’S VIRTUAL ECONOMY OR THE VIRTUAL ECONOMY OF ANY THIRD-PARTY SITE OR OTHERWISE CREATED AS PART OF THE SOFTWARE OR SERVICES, ANY MODIFICATION BY A PARTNER OF ITS AGREEMENT BETWEEN YOU AND SUCH PARTNER, OR ANY MODIFICATION BY US OR A PARTNER OF THE FEATURES, FUNCTIONALITY, ABILITIES, AND OTHER ELEMENTS OF THE SITE, SOFTWARE, OR SERVICES OR VIRTUAL GOODS OR VIRTUAL CURRENCY MADE AVAILABLE THROUGH USE OF THE SITE, SOFTWARE, OR SERVICES.
b. Disputes with Other Users. In the event that you have a dispute, altercation, or other interaction with one or more users of the Site, Software, or Services, you release the Artifact Technologies Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, altercations, or other interactions.
c. For California Residents. If you are a California resident, you waive California Civil Code § 1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SITE, SOFTWARE, SERVICES, VIRTUAL GOODS, VIRTUAL CURRENCY, SITE MATERIALS, USER CONTENT, AND ALL OTHER INFORMATION, CONTENT, AND MATERIALS ON OR ACCESSIBLE VIA THE SITE, SOFTWARE, OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PARTNER ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN PROVIDING THE SITE, SOFTWARE, SERVICES, SITE MATERIALS, VIRTUAL GOODS, VIRTUAL CURRENCY, OR USER CONTENT; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE USER CONTENT; OR ANY CONDUCT BY USERS OF THE SITE, SOFTWARE, OR SERVICES. WE, ON BEHALF OF OURSELVES AND EACH OF THE PARTNERS, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, SOFTWARE, SERVICES, SITE MATERIALS, VIRTUAL GOODS, VIRTUAL CURRENCY, USER CONTENT, AND ANY OTHER INFORMATION, CONTENT, OR MATERIALS ON OR ACCESSIBLE VIA THE SITE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SITE AND THE SOFTWARE ARE NOT ERROR FREE. WE DO NOT WARRANT THAT ACCESS TO THE SITE, SOFTWARE, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT YOUR DATA WILL NOT BE LOST, INCLUDING DATA RELATED TO VIRTUAL GOODS AND VIRTUAL CURRENCY THAT YOU MAY HAVE PURCHASED OR OTHERWISE ACQUIRED. AN EXAMPLE MAY BE AN ERROR THAT REQUIRES THE SITE OR THE SOFTWARE TO BE RESET TO AN EARLIER STATE. IN THAT CASE, YOUR DATA MAY BE LOST.
NEITHER WE NOR ANY ARTIFACT TECHNOLOGIES PARTY ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, SOFTWARE, SERVICES, SITE MATERIALS, VIRTUAL GOODS, VIRTUAL CURRENCY, USER CONTENT, OR THE INFORMATION, CONTENT, OR OTHER MATERIALS ON OR ACCESSIBLE VIA THE SITE, SOFTWARE, OR SERVICES, (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (c) ANY DISRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SOFTWARE BY ANY THIRD PARTY, AND/OR (e) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, SOFTWARE, AND SERVICES.
WE DO NOT WARRANT, ENDORSE, RECOMMEND, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, SOFTWARE, OR SERVICES OR ANY HYPERLINKED SITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES, INCLUDING PARTNERS. 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.
NEITHER WE NOR ANY ARTIFACT TECHNOLOGIES PARTY IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR GRAPHICS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE, SOFTWARE, AND SERVICES SAFE, NEITHER WE NOR ANY ARTIFACT TECHNOLOGIES PARTY CAN OR DOES REPRESENT OR WARRANT THAT THE SITE, SOFTWARE, OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO EMPLOYEE, AGENT, OR REPRESENTATIVE OF US OR OF ANY PARTNER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITE, SOFTWARE, AND SERVICES AT ANY TIME WITHOUT NOTICE.
22. SPECIAL NOTICE FOR PERSONS OUTSIDE THE UNITED STATES
You acknowledge that we operate in the United States and that the Site, Software, and Services are controlled and offered by us from our facilities in the United States. We make no representations that the Site, Software, and Services are appropriate or available for use in other locations or jurisdictions. Those who access or use the Site, Software, or Services from other locations or jurisdictions do so at their own volition and are responsible for compliance with all applicable laws in such locations and jurisdictions.
23. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY OF THE ARTIFACT TECHNOLOGIES PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, SOFTWARE, SERVICES, SITE MATERIALS, VIRTUAL GOODS, VIRTUAL CURRENCY, USER CONTENT, OR OTHER INFORMATION, CONTENT, OR MATERIALS CONTAINED ON OR ACCESSIBLE VIA THE SITE, SOFTWARE, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY AND THE ARTIFACT TECHNOLOGIES PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, SOFTWARE, AND SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITE, SOFTWARE, OR SERVICES.
IN THE EVENT OF A MATERIAL BREACH OF OUR OBLIGATIONS TO PROVIDE ACCESS TO AND USE OF YOUR ARTIFACT TECHNOLOGIES ACCOUNT OR THE SITE, SOFTWARE, SERVICES, SITE MATERIALS, VIRTUAL GOODS, USER CONTENT, OR OTHER INFORMATION, CONTENT, OR MATERIALS CONTAINED ON OR ACCESSIBLE VIA THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF ANY FEES PAID BY YOU TO US FOR SUCH ACCESS AND USE DURING THE PERIOD OF WRONGFUL DENIAL OF ACCESS AND USE, SUBJECT TO THE LIMITATIONS ON LIABILITY SET FORTH IN THE PRECEDING PARAGRAPH ABOVE.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE ARTIFACT TECHNOLOGIES PARTIES SHALL NOT BE LIABLE FOR USER CONTENT 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.
IN THE EVENT THAT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN THE ARTIFACT TECHNOLOGIES PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
24. GOVERNING LAW
These Terms of Service and your use of the Site, Software, and Services shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., applicable to agreements made and to be entirely performed within the State of Washington, U.S.A., without resort to its conflict of law provisions.
25. DISPUTE RESOLUTION AND BINDING ARBITRATION
In order to expedite and control the cost of disputes, you and we agree that any controversy or claim between you and us arising out of or related to these Terms of Service or the breach thereof or your authorized or unauthorized use of the Site, Software, or Services (referred to as a “Claim”) will be resolved, first, by informal negotiation. Accordingly, you and we agree that neither of us may start a formal proceeding (except for a Claim involving a request for injunctive relief) for at least 45 days after one of us notifies the other of a Claim in writing. We will send our notice to your last-know mailing address provided by you to us, with a copy via e-mail to your last-known e-mail address provided by you to us. You will send your notice to 3601 Fremont Ave North #315 Seattle WA 98103. Artifact Technologies, LLC., 3601 Fremont Ave North #315, Washington 98103, U.S.A., Attention: Legal Department.
IF YOU AND WE ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATION, AS PROVIDED ABOVE, YOU AND WE AGREE THAT ANY CONTROVERSY OR CLAIM BETWEEN YOU AND US ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE BREACH THEREOF OR YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SITE, SOFTWARE, OR SERVICES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES (OR, IF YOU ARE NOT A RESIDENT OF THE UNITED STATES, IN ACCORDANCE WITH ITS INTERNATIONAL ARBITRATION RULES) AND ITS SUPPLEMENTARY PROCEDURES FOR ONLINE ARBITRATION. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION WILL BE CONDUCTED IN THE ENGLISH LANGUAGE, AND THE SEAT, OR LEGAL PLACE, OF THE ARBITRATION WILL BE IN KING COUNTY, WASHINGTON, U.S.A. IN ACCORDANCE WITH THE U.S. ARBITRATION ACT. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE ONE ARBITRATOR, NAMED IN ACCORDANCE WITH SUCH RULES. THE AWARD OF THE ARBITRATOR WILL BE FINAL AND BINDING UPON THE PARTIES WITHOUT APPEAL OR REVIEW EXCEPT AS PERMITTED BY LAWS OF THE STATE OF WASHINGTON. THE AWARD OF THE ARBITRATOR SHALL BE ACCOMPANIED BY A STATEMENT OF THE REASONS UPON WHICH THE AWARD IS BASED. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AS NECESSARY TO PROTECT THE PARTY’S RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION. BY AGREEING TO ARBITRATE, AS SET FORTH HEREIN, YOU UNDERSTAND THAT YOU AND WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. FOR THE AVOIDANCE OF DOUBT, YOU AND WE AGREE THAT THE TYPE OF ARBITRATION WE INTEND TO PARTICIPATE IN IS BETWEEN YOU, AS AN INDIVIDUAL, AND US. YOU AND WE ARE AGREEING THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION. FOR MORE INFORMATION REGARDING THE AMERICAN ARBITRATION ASSOCIATION AND ITS ARBITRATION RULES AND PROCEDURES, GO TO HTTP://WWW.ADR.ORG.
FURTHER, BY USING THE SITE, SOFTWARE, OR SERVICES, YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, U.S.A.
26. TERM AND TERMINATION
These Terms of Service will remain in full force and effect while you use the Site, Software, and Services, unless otherwise terminated as set forth in this section. You agree that we, in our sole discretion, may suspend, cancel, or terminate your Artifact Technologies account, or any part thereof, and your use of or access to the Site, Software, and Services, or any part thereof, and temporarily or permanently remove and discard any User Content within the Site or Services, at any time and for any reason, Including, without limitation, for lack of use or if we have a reasonable, good-faith belief that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. ALSO, WE, IN OUR SOLE DISCRETION AND AT ANY TIME, MAY MODIFY OR DISCONTINUE PROVIDING THE SITE, SOFTWARE, AND SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. You agree that any modification or termination of your use of or access to the Site, Software, and Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your Artifact Technologies account and all related information and User Content in your account and bar any further access to such information or to the Site, Software, and Services. We will not return any User Content or other information to you, and you agree that neither we nor the Artifact Technologies Parties shall be liable to you or any third party for any modification or termination of your use of or access to the Site, Software, and Services, for your inability to recover any User Content or other information, or for your inability to use the Site, Software, and Services.
27. U.S. EXPORT CONTROLS
Software that may be downloadable from the Site, Including the Software, may be subject to U.S. export controls. No software may be downloaded from the Site, Including the Software, or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other jurisdiction to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, Software, or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such jurisdiction or on any such list.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. By using the Site, Software, and Services, you consent to receiving electronic communications from us. These communications will Include notices about your Artifact Technologies account, if any, and information concerning or related to the Site, Software, and Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, Including that such communications be in writing. We and the Artifact Technologies Parties are excused for any failure to perform to the extent that their performance is prevented by any reason outside of their control.
Please contact our customer support personnel with any questions regarding the Site, Software, or Services or these Terms of Service by or by e-mailing firstname.lastname@example.org.