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Welcome to the HonestGames.com website (the "Site"). PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT.
By using this Site you hereby agree to these Terms. If you do not agree to these Terms, you do not have permission to use the Site. HonestGames reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.
1. User Identity Creation/Privacy Terms
When creating a user identity ("Member ID"), you must provide truthful and accurate information. You must be who you claim to be. Providing false information is a violation of these terms. You, as creator of your Member ID, are completely responsible for your identity. HonestGames will not tolerate offensive or obscene user identities. If a Member ID violates any part of these terms, we may immediately temporarily or permanently ban such Member ID.
HonestGames is not responsible for any misuse of your Member ID, whether such misuse is by you or by third parties. When creating a Member ID, you agree to hold HonestGames and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.
2. User Conduct
You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Site. Any conduct that violates the law in an offline, real world community is also a violation of these terms. HonestGames will not tolerate any illegal conduct.Conduct that violates these terms includes, but is not limited to: Embarrassing, harassing, or threatening another user or users, directly or indirectly.
Posting pictures of, or posting links to, pornographic material. Using obscene language. Posting any libelous or defamatory material. Publishing any presentation that infringes the copyrights, trademarks or other intellectual property rights of any person. Flooding, spamming, or disrupting chat areas. Running any scam or any commercial business through the Site. Impersonating someone, whether for fun or for ill gain. Attempting to hack or exploit any bug or glitch to obtain an unfair advantage. Any other activity that prohibits other users from enjoying the services provided on the Site.
HonestGames may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determinations as to whether a violation has occurred and who is responsible for such act are solely within HonestGames's discretion, and are based on what we deem best for the community. By using the Site, you agree you will be bound by HonestGames's determination as to whether a violation has occurred and any penalty we choose to implement.
3. Disciplinary Actions and Member ID Termination
HonestGames can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. The severity of a violation and number of occurrences factor into the decisions, but they are not the only measures used. User identities may be banned, both temporarily and permanently, without prior warning.
To avoid any doubt, you acknowledge that HonestGames has sole discretion with respect to penalties and disciplinary actions even if there is a credit remaining on your account.
If you feel you or your Member ID has been unfairly warned or disciplined, please follow these procedures here.
4. Other Termination Procedures
Users can terminate their own accounts by contacting us and requesting it be deactivated.
5. Submissions and Member IDs
"Submissions" means all comments, feedback, suggestions, photos, postings at forums, chat rooms and similar venues on the Site, e-mails and similar information or materials that you submit to HonestGames regarding the games and services of HonestGames or the use or play of those games and services. Member IDs and Submissions are not confidential and will become the property of HonestGames upon submission. You agree to assign to HonestGames, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Member IDs and Submissions. You acknowledge that you are responsible for the Submissions that you provide and for managing your Member ID. You, and not HonestGames, have full responsibility for your Submissions and Member ID, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, HonestGames does not prescreen or monitor any Submissions.
All materials published in forums, chat rooms and similar venues on the Site are considered public. Therefore, HonestGames strongly recommends that you not publish any personal information about yourself or others on or through the Site.
6. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND HonestGames, THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. HonestGames HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, HonestGames DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
7. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT HonestGames SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
8. LINKS; ADVERTISERS
The Site contains links to third party sites that are not under the control of HonestGames and HonestGames is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. HonestGames provides links only as a convenience and the inclusion of the link does not imply that HonestGames endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that HonestGames shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
9. INTERNATIONAL USAGE
HonestGames makes no representation that the Site, Applications, or related information offered by HonestGames are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. CONTACTING OUR WEB SITE
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