Smiling Cat Entertainment Terms of Service
Effective 10/9/2010
This Terms of Service (“Terms”) is a legally binding agreement that governs your use of
SmilingCatEntertainment.com and/or the games and applications offered by Smiling Cat Entertainment, LTD (“Smiling Cat”) and accessed through first or third party web sites (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms.
1) Access to the Service
a) Subject to your acceptance of these Terms, Smiling Cat grants to you a non-exclusive,non-transferable, revocable limited license to use the Service and related software (excluding source and object code) for your personal non-commercial use on any computer of which you are the primary or secondary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
b) Your use of the Service constitutes acceptance of these Terms and of the terms contained in our Privacy Policy
c) Smiling Cat Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Smiling Cat had actual notice on the date of amendment.
d) We will notify you of any modifications to these Terms by posting any modifications on
www.smilingcatentertainment.com. You agree that you will periodically check www.smilingcatentertainment.com for updates to these Terms. You agree that you will be considered to have been given notice of any modifications once we post them to www.smilingcatentertainment.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
e) Smiling Cat reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
f) You agree to be bound by any application, forum, or game specific rules published within the Service.
g) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Smiling Cat’s copyrights in and to the Service. Smiling Cat reserves the right to terminate your access to the service without notice if you violate these Terms.
2) Ownership of Intellectual Property
a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Smiling Cat and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Smiling Cat, the Smiling Cat logos, and all game names are trademarks of Smiling Cat and may not be used without the express written permission of Smiling Cat.
b) You do not acquire any ownership rights by using the Service.
c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Smiling Cat.
d) All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed,
submitted, or offered to Smiling Cat in connection with the use of the Service shall be the exclusive property of Smiling Cat. You agree that unless otherwise prohibited by law Smiling Cat may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
3) Usage Rules
a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.
b) You agree that your use of and conduct on the Service shall be lawful and your submissions to the Service will not:
i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
iv) promote violence or describe how to perform a violent act
c) You and your activities on the Service will not:
i) reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
ii) attempt to impersonate any other party;
iii) make submissions by automated means other than the software included with the Service, make submissions under false pretenses, or mislead others as to the origins of your communications;
iv) trick, defraud or mislead Smiling Cat and other users, especially in any attempt to learn sensitive account information such as passwords;
v) make improper use of Smiling Cat’s support services or submit false reports of abuse or
misconduct;
vi) engage in any commercial activities, including, without limitation, any attempt to raise
money for anyone or advertise or promote a product, service, website, or scheme;
vii) cause harm to the Service or the computer systems of Smiling Cat or any of its users.
viii) copy or adapt the Service’s software including but not limited to PHP, HTML, JavaScript or other code;
ix) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
xi) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service;
xii) interfere with or circumvent any security feature of the Service or any feature that
restricts or enforces limitations on use of or access to the Service;
xiii) sell the Service or any part thereof in exchange for real currency or items of
monetary value; or
xiv) engage in cheating or any other activity deemed by Smiling Cat to be in conflict with the spirit or intent of the Service.
4) Disclaimers; Limitations; Waivers of Liability
a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER SMILING CAT NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “SMILING CAT PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE SMILING CAT PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SMILING CAT PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SMILING CAT PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE
RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
c) UNDER NO CIRCUMSTANCES WILL THE SMILING CAT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SMILING CAT IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
5) Indemnification
a) You agree to defend, indemnify and hold harmless the Smiling Cat Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
6) Waiver/Severability
a) The failure of Smiling Cat to require or enforce strict performance by you of any
provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Smiling Cat’s right to assert or rely upon any such provision or right in that or any other instance.
b) You and Smiling Cat agree that if any portion of these Terms, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
7) Miscellaneous
a) Smiling Cat operates and controls the Service from its offices in the United States. Smiling Cat makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Smiling Cat to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) 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 downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party.
8 ) Statute of Limitations
a) You and Smiling Cat both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.