REGISTRATION AND ACCESS TO SERVICES
Updates to Terms. Spacetime reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the Spacetime Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Spacetime Applications.
Electronic Form. By accessing the Spacetime Applications you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online.
Registration. You do not have to register to view the benefits available through Spacetime Applications but only registered users can access all the Spacetime Applications' features and Services. You may become a registered user of the Service at no cost. As a registered user, you will have the ability to participate in some, but not all, of the features and services available within the Spacetime Applications. Upon registration you will be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by Spacetime), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms. You will only create one unique profile for the Services provided. You will not include any telephone numbers, street addresses, last names, URLs, multimedia or artworks downloaded from external sources, or email addresses in any content, email, chat message, mobile messages, or any other communication.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Spacetime immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Spacetime). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Spacetime or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Blocking IP Addresses and Device IDs. You understand that in order to protect the integrity of the Services, Spacetime reserves the right at any time in its sole discretion to block members or subscribers from certain IP addresses or device identifiers from accessing the Spacetime Applications.
Termination. Spacetime can suspend or terminate your registration in Spacetime and your access to the Spacetime Applications, in whole or in part, (collectively your "Access") at any time, immediately and without notice. Spacetime has the right to terminate your Access if you fail to comply with any of the Terms or misuse the Services in any way or behave in a way which could be regarded as inappropriate, unlawful, or unsafe. Upon termination, you must destroy all materials obtained from Spacetime Applications including the Games and Services, and all copies thereof. All decisions regarding the termination of Access shall be made in the sole discretion of Spacetime. Spacetime is not required to provide you notice prior to terminating your Access. Spacetime is not required, and may be prohibited, from disclosing a reason for the termination of your Access. Even after your Access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Facebook Requirements. SPACETIME is not responsible in the event that you are no longer able to access the Services or Spacetime Applications through Facebook as a result of a violation for failure to comply with Facebook's guidelines. Additionally, Spacetime is not responsible in the event that you are no longer able to access the Services or Spacetime Applications due to your account on Facebook being suspended, blocked, closed or terminated for any reason whatsoever.
Platinum/Pearls. While using our Spacetime Applications, you may purchase Platinum or Pearls, which are in-game currency used to access certain features and functionality. Spacetime reserves the right in its sole discretion to change the amount of Platinum/Pearls or the fee required for Platinum/Pearls for use of any given feature. Platinum/Pearls have no real world value and may only be used to purchase virtual products or services provided by Spacetime. Platinum/Pearls have no cash value and are non-transferrable. FEES PAID FOR PLATINUM/PEARLS ARE FINAL AND UPON TERMINATION NO PLATINUM/PEARLS WILL BE REFUNDED. SPACETIME shall have no liability for hacking or loss of Platinum/Pearls from your Spacetime account. The terms for redeeming Platinum/Pearls can be changed at any time without notice. Selling Platinum/Pearls and/or fraudulent or unauthorized charges are in direct violation of these Terms and all violators will be subject to immediate account termination. All Platinum/Pearl purchases and items purchased within the in-game store using Platinum/Pearls are non-refundable.
Payment Method. The terms of your payment for Platinum will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider").
USE OF THE SERVICES
Personal Use. Spacetime Applications are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the Spacetime Applications, in any medium, without Spacetime's prior written consent, or (ii) alter or modify any part of the Spacetime Applications other than as may be reasonably necessary to use the Spacetime Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Spacetime Applications, or to manipulate the Spacetime Applications. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Spacetime Applications or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You will not use the information obtained from any Spacetime Applications or Service to harass, You may not use the Spacetime Applications or Services in any manner that could damage, disable, overburden, or impair any Spacetime server, or the network(s) connected to any Spacetime server, or interfere with any other party’s use and enjoyment of any Spacetime Application. You may not reverse engineer, decompile or disassemble any software accessed through Spacetime Applications including any proprietary communications protocol used by Spacetime.
Forums. The Spacetime Applications may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, Forums, personal web pages, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the “Forums”). You agree to use the Forums only to post, send and receive messages and material that are proper and, when applicable, related to the particular Community ("User Content"). Spacetime has no obligation to monitor the User Content. However, Spacetime reserves the right to review materials posted to the Forums and to remove any User Content at any time, without notice, for any reason and in its sole discretion. Spacetime reserves the right to terminate or suspend your access to any or all of the Forums at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Spacetime, and such communications shall not be considered reviewed, screened or approved by Spacetime. User Content, including statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. Spacetime specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Forums. Spacetime representatives may monitor your User Content on the Spacetime Applications. But we cannot monitor all of the User Content on the Spacetime Applications, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to by sending an e-mail to support(at)spacetimestudios.com (replace the (at) with the @ symbol). or please Contact Us.
By using the Forums and submitting User Content to the Spacetime Applications, you grant to Spacetime, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Spacetime Applications a non-exclusive license to access your User Content as permitted through the functionality of the Spacetime Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
You acknowledge and agree that your communications with other users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of these Services or your User Content. You acknowledge that personal information that you communicate on the Forums may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Spacetime is not responsible for information that you choose to communicate to other users via the Forums, or for the actions of other users. All User Content must comply with User Posting Requirements.
User Posting Requirements. You agree that you may not access or use the Services and/or related Forums, yourself or by or through your avatar which:
* is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
* could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
* is or could be taken as slurs, hate speech or attacks on individuals or group on the basis of race, color, gender, age, religion, national origin, sexual preferences, or gender identity;
* constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
* is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
* encourages or constitutes behavior that does not support a safe and comfortable environment for all users, including but not limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Software Product an uncomfortable experience for anyone;
* restricts or inhibits any other user from using the Services or contains a virus or other harmful component;
* hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the game experience;
* violates any local, state, federal or international laws or gives rise to civil liability;
* violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
* imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with any Game;
* is a chain letter, or constitutes junk mail;
* specifies that you are affiliated with Spacetime when you are not, including without limitation a "Game Master" or any other employee or agent of Spacetime;
* requests account login information from other players;
* 'spoofs' (using of any means to disguise your online identity or alter original attribute information);
* uses or possesses programs to 'crack' the Spacetime Applications, including its software or other Internet security tools;
* Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Spacetime Applications or Services or other users’ computers;
* Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are prohibited;
* acts in any way which Spacetime deems harmful to Spacetime's integrity or business.
All material published on the Spacetime Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data) sounds, messages, comments, ratings, and other materials on the Spacetime Applications is owned by Spacetime or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws and is also subject to the end user license agreement(s) set forth in the particular TOS. Spacetime owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Spacetime Applications. Spacetime, Pocket Legends, Clockrocket, Star Legends Dark Legends, Wild Legends and its logos and other marks are trademarks of Spacetime Studios, Inc. and are protected by state and federal laws. All other trademarks appearing on the Spacetime Applications ("Marks") are trademarks of their respective owners. Users are prohibited from using any Marks without the written permission of Spacetime or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Spacetime's prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Spacetime Applications, including but not limited to account login information, in game currencies, or names. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
License Granted. Your use of any of the games accessible from Spacetime Applications ("Game(s)") is subject to the end user license agreement set forth in the TOS for the particular Game.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
Spacetime has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. We reserve the right to remove any User Content on the Spacetime Applications which allegedly infringes another person's copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on the Spacetime Applications or the Service. If you believe any materials on the Spacetime Applications or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To send a DMCA notice, please Contact Us.
Age Requirements. You must be at least 13 years old or older, as stated by the specific application Terms of Service, to Access Spacetime Applications.
Links. You may be able to access other websites or resources through links on the Sites. Because Spacetime has no control over such sites and resources, you acknowledge and agree Spacetime is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does Spacetime endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that Spacetime shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SPACETIME APPLICATIONS (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING SPACETIME APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SPACETIME APPLICATIONS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SPACETIME APPLICATIONS, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SPACETIME MAKES NO WARRANTY THAT THE SPACETIME APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SPACETIME APPLICATIONS IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SPACETIME APPLICATIONS OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SPACETIME APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPACETIME DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SPACETIME APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SPACETIME APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SPACETIME APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE SPACETIME APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPACETIME DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SPACETIME APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL SPACETIME BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SPACETIME APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SPACETIME APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPACETIME OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SPACETIME APPLICATIONS, EVEN IF SPACETIME HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SPACETIME’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SPACETIME’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $50.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Spacetime Applications and agree to indemnify and hold Spacetime, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to your use of the Spacetime Applications or in connection with a third party claim or otherwise, in relation to your use of the Spacetime Applications, or your violation of either these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release Spacetime from any and all claims or liability related to your use of the Spacetime Applications.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
Access to Spacetime Applications. You understand and agree that Spacetime can terminate your Access at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Spacetime community. Spacetime shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. You agree that we may terminate, modify, discontinue or abandon the Spacetime Applications or Games with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Services, Termination, Privacy, Governing Law/Disputes and Miscellaneous shall survive any such termination.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to these Terms.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of Texas without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Spacetime (‘Dispute”) shall lie in the state or federal courts located in Austin, Texas. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Spacetime, the Services, the content or the Spacetime Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and Spacetime. They supersede any and all prior or contemporaneous agreements between you and Spacetime relating to your use of the Spacetime Applications or the Services. Spacetime may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Spacetime to partially or fully exercise any rights or the waiver of Spacetime of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Spacetime or be deemed a waiver by Spacetime of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Spacetime under these Terms and any other applicable agreement between you and Spacetime shall be cumulative, and the exercise of any such right or remedy shall not limit Spacetime 's right to exercise any other right or remedy.
Contact Us. Please Contact Us if you have any questions about the Terms.
Copyright (c), 2011, Spacetime Studios, Inc. All rights reserved.