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1. a. GreatDayGames.com. is an online games site, owned by Arkadium, Inc.
("Arkadium"). GreatDayGames.com is an Internet entertainment content
provider devoted to providing opportunities for playing online games. The terms
"Site" referred to in these Terms and Conditions of Use shall refer
to the website created and owned by Arkadium, Inc. and any and all proprietary
software and other materials developed by GreatDayGames.com which must be
downloaded and used by the player to play online games.
b. Binding Agreement. Arkadium has created this Site for your personal use,
enjoyment, and entertainment. You agree that you have reviewed, have accepted
and have agreed to be bound by these Terms and Conditions of Use before
participating in any on the Site. These Terms and Conditions of Use contain the
entire agreement between you and GreatDayGames.com relating to the subject
matter hereof, and supersede any other oral or written communications relating
thereto. These Terms and Conditions of Use are a binding legal document that
defines your rights and obligations related to your use of this Site. You are
only authorized to access this Site or to use the materials contained in the
Site (regardless of whether your access or use is intended) if you agree to
abide by all these Terms and Conditions of Use and all applicable laws related
to your use of the Site. These rules spell out the important aspects of
eligibility, registration, tax consequences, etc. GreatDayGames.com reserves
the right to modify or amend this Agreement, and all rules, regulations, and
payoffs without notice at any time with or without notice. It is at all times
your responsibility to read the most current form of these Terms and Conditions
of Use before using the Site to ensure that you agree to the terms and
conditions of any amendments made to this Agreement. You agree that these
standards for notice of amendments to this Agreement are reasonable.
c. Secured Access and User ID. You may only use the Site if you meet the
eligibility requirements for registration and use, personally register as a
player on the Site, personally acquire and use a userID and password. You are
solely responsible for maintaining the strict confidentiality of the userIDs,
passwords and codes (collectively, "IDs") we assign to you and for
any charges, damages, or losses that may be incurred or suffered as a result of
your failure to do so. We are not liable for any harm related to the theft of
your IDs, your disclosure of your Ids to any other person or entity, or your
authorization to allow another person or entity to access and use the Site
using your IDs. You agree to immediately notify us of any unauthorized use of
your IDs or of any other need to deactivate an ID due to security concerns. You
may not (i) select or use a member name or e-mail address of another person
with the intention of impersonating that person; (ii) use a member name or
e-mail address of anyone else without authorization; (iii) use a member name in
violation of the intellectual property rights of any person; or (iv) use a
member name that GreatDayGames.com considers to be offensive.
2. a. PROPRIETARY RIGHTS. a. By registering for an account and/or participating
in any activity offered on the Site, you acknowledge that all information
contained on the Site may be protected, in all forms and media, by one or more
valid copyrights, patents, trademarks, trade secrets, or other proprietary
rights, and that all such rights are owned by the Site or other copyright
holder. You may not modify, publish. transmit, participate in the transfer or
sale of, create derivative works from, or in any way exploit this information,
except that you may download one copy for your personal, non-commercial home
use only, provided you keep intact all copyright and other proprietary notices.
You acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. Neither these GreatDayGames.com materials nor any portion
thereof may be stored in a computer except for personal and non-commercial use.
GreatDayGames.com will not be held liable for any delays, inaccuracies, errors
or omissions therefrom or in the transmission or delivery of all or any part
thereof or for any damages arising from any of the foregoing. ANY UNAUTHORIZED
OR UNAPPROVED USE OF ANY OF THE CONTENT ON THE SITE CONSTITUTES COPYRIGHT
INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR
UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES.
b. Infringement Damages. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark or other proprietary
right, or any other harm resulting from any uploading, posting or submission.
You hereby grant to GreatDayGames.com and its respective affiliates worldwide,
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display any message posted on GreatDayGames.com and/or
any e-mail sent by you to GreatDayGames.com (in whole or in part) and/or to
incorporate it in other works in any form, media or technology now known or
later developed.
c. Monitoring. GreatDayGames.com shall have the right, but not the
obligation, to monitor the content of the Site to determine compliance with
these Terms and Conditions of Use and any other operating rules that may be
established by GreatDayGames.com from time to time. GreatDayGames.com shall
have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on the Site. Without limiting the foregoing, GreatDayGames.com
shall have the right, but not the obligation, to remove any material that GreatDayGames.com,
in its sole discretion, finds to be in violation of the provisions hereof,
otherwise objectionable or stale. Notwithstanding this right of GreatDayGames.com,
users shall remain solely responsible for the content of their messages and
other submitted information. You acknowledge and agree that neither GreatDayGames.com
nor any of its officers, directors, affiliates, third party content providers
or licensors shall assume or have any liability for any action or inaction by GreatDayGames.com
with respect to any conduct within the Site or any communication or posting on
the Site.
d. Third Party Benefit. The foregoing provisions of this Section are for the
benefit of GreatDayGames.com, its affiliates, third party content providers and
licensors, and each shall have the right to assert and enforce such provisions
directly on its own behalf.
3. RECOMMENDED SYSTEM CONFIGURATION. The games offered on the Site will
function best if your computer system meets the following requirements: See the
Technical Support section of the FAQ.
4. ADVERTISEMENTS AND LINKS. The Site may contain announcements placed by or
on behalf of third parties and may contain links to other web sites, resources
and advertisers. . These third party web sites are not under GreatDayGames.com's
control and GreatDayGames.com is not responsible for the availability of these
external sites nor does it endorse or is it responsible for the contents,
advertising, products or other materials made available on or through such
external site. Under no circumstances shall GreatDayGames.com be held
responsible or liable, directly or indirectly, for any loss or damage caused or
alleged to have been caused to a user in connection with the use of or reliance
on any content, goods or services available on such external site. You should
direct any concerns to such external site's administrator or webmaster. UNLESS
EXPRESSLY STATED BY GREATDAYGAMES.COM, GREATDAYGAMES.COM DOES NOT RECOMMEND OR
ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEB SITE OF ANY THIRD PARTIES OR MAKE
ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY BE EITHER
NECESSARY OR APPROPRIATE FOR YOU.
5. TERMINATION. Your right to access and use the Site immediately terminates
without further notice upon your breach of this Agreement. GreatDayGames.com
may terminate this Agreement and your right to access and use the Site at any
time, with or without cause. You may terminate this Agreement by providing GreatDayGames.com
with written notice of your termination and ceasing to use or access the Site.
We reserve the right to discontinue or make changes to the Site at any time.
6. CHAT ROOMS. The term "CHAT ROOMS" means the bulletin boards,
chat rooms and other participatory areas on any area of the Site.
a. General. GreatDayGames.com shall have the right at any time to change or
discontinue any aspect or feature of the Site including, but not limited to,
the Chat Rooms, content, hours of availability, and equipment needed for access
or use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including but not
limited to, posting on the Site a revised version of this Agreement or
notification by electronic mail. Any use by you of the Site after such notice
shall conclusively be deemed to be acceptance by you of such changes,
modifications, additions or deletions. You agree to review the terms and
conditions of this Agreement periodically to be aware of such revisions.
b. Use of the GreatDayGames.com Site. The Site shall be used for lawful
purposes only. No material shall be posted on or transmitted through the Site
which violates or infringes in any way upon the rights of others, which is
unlawful, threatening, intolerant, harassing, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, lewd, pornographic,
indecent or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability or otherwise
violates any law or rule established by GreatDayGames.com or which uses
**asterisks** or any other attempt to disguise such words or attacks (flaming).
Each Player or user must use his/her own screen names and may not impersonate
any other player or person or use or attempt to use their name, screen name or
photo.
No conduct shall be undertaken that, in GreatDayGames.com's judgment,
restricts or inhibits any other user from using or enjoying the Site.
Advertising or commercial solicitation may be posted on or transmitted through
the Site but only with GreatDayGames.com's express prior approval and only if
the advertising or commercial solicitation complies with all conditions imposed
by GreatDayGames.com.
The Site is intended for use relating to the GreatDayGames.com games and GreatDayGames.com.
Please do not share any of your personal information (your name, phone number,
home address, password) with others on the Site. No Player may attack (flame)
any individual, company or product.
All information disclosed or submitted to GreatDayGames.com or others in GreatDayGames.com
Chat Rooms or in other chat or other areas of GreatDayGames.com becomes the
property or GreatDayGames.com and is considered to be donated to the public. GreatDayGames.com
is not responsible for any information any player chooses to disclose to
others. You may not use any different or advanced formats, fonts, languages or
other programming codes or commands in any submission to GreatDayGames.com or
in any chat messages. GreatDayGames.com reserves the right to terminate the
accounts of users who violate these standards, or who in any way abuse the
community purpose of the chat areas.
b. Report Abusive Activity. If you find someone violating these rules of
usage, please let GreatDayGames.com know by going to the help area. If someone
is bothering you, GreatDayGames.com can block or delete these other activities
- but only if you report this behavior!. Again, GreatDayGames.com requests that
you do not give out any of your personal information, phone numbers or login ID
to others.
7. SPAM EMAIL AND POSTINGS. a. Spam. "Spam" is defined on this
Site as Electronic mail messages addressed to a recipient with whom the
initiator does not have an existing business or personal relationship or is not
sent at the request of, or with the express consent of, the recipient; Messages
posted on the Site that are off-topic (unrelated to the topic of discussion),
cross-posted to unrelated newsgroups, or posted in excessive volume; and Solicitations
posted to Chat Rooms, or to groups or individuals through any means or
techniques.
b. Irreparable Harm. You agree that GreatDayGames.com would be irreparably
harmed by the use, by you or others, of the Site in connection with the transmission
of spam newsgroup postings or unsolicited email in violation of these Terms and
Conditions of Use, and that GreatDayGames.com is entitled to obtain injunctive
relief against any such transmission (in addition to all other remedies
available at law or in equity). GreatDayGames.com reserves the right to block,
filter or delete unsolicited email. Users who are reported and whose claims of
"Spam" are validated by GreatDayGames.com will have their respective
accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of GreatDayGames.com
without previous notice. Termination results in the immediate closure of the
referral account, the loss of all referrals, , a prohibition against any future
membership, and the user will lose the right to compete in any.
c. Report Abusive Activity. If you find someone violating these rules of
usage, please let GreatDayGames.com know by going to the help area. If someone
is bothering you, GreatDayGames.com can block or delete these other activities
- but only if you report this behavior!. Again, GreatDayGames.com requests that
you do not give out any of your personal information, phone numbers or login ID
to others.
8. PRIVACY POLICY. By registering for an account with GreatDayGames.com, you
agree that the Site may display in its games your screen name, game records, rankings
and personal profile (as created by the user). You agree that your acceptance
of any prize from the Site shall also constitute a grant to GreatDayGames.com
of the right to print, publish, broadcast and use, worldwide, in any media now
known or hereafter discovered and at any time, your name, picture, voice,
likeness, and/or biographical information for promotional purposes without
additional compensation and without additional consent. In particular, GreatDayGames.com
reserves the right to publish your name in the event that you are a winner of a
prize or award.
Other than as set forth above, the Site will not intentionally disclose any
personally identifying information about you (including information submitted
on the application form, your social security number, your e-mail address,
information obtained by the Site from cookies, and information regarding your
IP address) to third parties without your consent except where the Site, in
good faith, believes such disclosure is necessary to comply with the law or to
enforce these Terms and Conditions of Use or other rules of the Site. However, GreatDayGames.com
reserves the right to collect general demographic and other market information
about you and your account, provided that all such information does not
specifically identify you to any person without your additional consent.
9. GENERAL DISCLAIMERS. THE SITE IS PROVIDED TO YOU ON AN "AS IS, WITH
ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING
OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS
ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO
REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL
BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER
HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING
ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST
ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE
SITE. Some jurisdictions do not permit the exclusion or limitation of implied
warranties. Therefore, only if required by applicable law, some or all of the
exclusions or limitations above may not apply to you. You may have other rights
from jurisdiction to jurisdiction.
10. EXCLUSIONSOF DAMAGES. UNDER NO CIRCUMSTANCES WHATSOE.ER WILL THE SITE OR
GREATDAYGAMES.COM BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY
DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST
PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF
THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY
THE SITE OR GREATDAYGAMES.COM OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION
SHALL APPLY REGARDLESS OF WHETHER THE SITE OR GREATDAYGAMES.COM HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit
the exclusion of certain types of damages. Therefore, only if required by
applicable law, some or all of the exclusions above may not apply to you. You
may have other rights from jurisdiction to jurisdiction.
11. LIMITATION OF LIABILITY. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS
AGREEMENT,THE SITE OR GREATDAYGAMES.COM SHOULD HAVE ANY LIABILITY TO YOU OR ANY
THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY
SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSOR OF THE AMOUNT THAT YOU DEPOSITED
WITH US FOR THE MONTH PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE
RISE TO YOUR CLAIM OR THE AMOUNT REMAINING IN YOUR ACCOUNT ON THE DAY OF SUCH
ACT OR OMISSION. YOU AND THE SITE AND GREATDAYGAMES.COMWE
AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF
RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE
SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF
LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.
12. INDEMNITY. You agree to defend, indemnify, and hold GreatDayGames.com,
Inc., its employees, officers, directors, licensees, affiliates, subsidiaries,
advertising, promotion or other agencies, and agents completely harmless and
fully indemnify them from any and all losses, expenses, costs, liabilities and
all damages whatsoever (including any reasonable attorneys' fees, expert fees
and other reasonable costs of litigation) that may arise as a result of Player's:
(a) breach or alleged breach of the terms of this Agreement, (b) unauthorized
or unlawful use of the Site, (c) unauthorized or unlawful use of the Site by
any other person using your Ids, (d) use of any materials at the Site, (iii)
entry or participation in any of the Game(s), or, (iv) the acceptance of any
winnings or Prizes distributed by the Site or in connection with any activities
connected with the Site.
13. NO WAIVER. The failure of GreatDayGames.com to exercise or enforce any
right or provision of the Terms and Conditions of Use does not constitute a
waiver of such right or provision. The section titles in the Terms and
Conditions of Use are for convenience only and have no legal or contractual
effect.
14. SEVERANCE. If any provision of these Terms and Conditions of Use is held
to be invalid, such invalidity will not. affect the remaining provisions.
15. GOVERNING LAW. GreatDayGames.com's corporate headquarters are in New York, New York, in
the United States of America.
These Terms and Conditions of Use will be governed and construed in accordance
with the substantive laws of the State of New York, without respect to any principles
of conflicts of laws. You expressly agree that exclusive jurisdiction for any
dispute with GreatDayGames.com, or in any way relating to your access or use of
the Site, resides in the courts of the State of New York and you further agree
and expressly consent to the exercise of personal jurisdiction in the courts of
the State of New York in connection with any such dispute including any claim
involving us or agents, employees, contractors, officers, directors,
telecommunication providers and content providers. GreatDayGames.com makes no
claims that the Site is appropriate for access or use outside the U.S.
Your access and/or use of our Site outside the U.S. is at your own risk, and you
.re responsible for compliance with the laws of your jurisdiction.
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