TERMS OF SERVICE
By accessing or using MeanFreePath, LLC’s (“MeanFreePath,” “we,” “us,” or “our”) (a) website located at https://turfwarsapp.com (the “Site”), or (b) any MeanFreePath game, application, or other content ((a) and (b) collectively, the “Service”): (I) YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (THESE “TERMS”) OR (II) IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least thirteen (13) years of age, or you are between the ages of thirteen (13) and eighteen (18) and your legal guardian does not agree with all of these Terms, please do not access and/or use the Site or Service.
These Terms may be amended by MeanFreePath from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms on our Site or notifying you through your MeanFreePath game application interface or at your primary email address (as specified in your Account information). Your continued use of the Site or Service after the changes are first notified by MeanFreePath as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your Account and cease using the Site and Service.
- Your Account with Us. You do not have to register on our Site in order to visit the Site. However, certain portions and features of our Service may be accessed only by creating an Account with us by registering on our Site or through the MeanFreePath game application interface on your mobile phone (your “Account”). By creating an Account and/or using our Service, you represent and warrant that:
- all required registration or other information you submit is truthful and accurate;
- you will maintain the accuracy of such information; and
- your use of our Service does not violate any applicable law or regulation or these Terms. When you sign up for an Account, you will be asked to choose a screen name and a password for your Account. You may control your user profile and how you interact with the Service by changing your settings in your Account. You may not use a user name or user profile that is used by someone else or that violates Section D(1) (“Prohibited Content”).
- Your Account with Third Party Affiliated Websites. MeanFreePath may provide, and you may access, portions of the Service Content on third party social networking websites (“Third Party Affiliated Websites”). If you are accessing the Service or Service Content through a Third Party Affiliated Website, you may be required to be a registered member of that Third Party Affiliated Website and you must be in compliance with the terms and conditions applicable to that Third Party Affiliated Website in addition to these Terms.
- Confidentiality. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You agree not to:
- use the Account, username, screen name, or password of any other user at any time;
- allow or enable any third party to use your Account, username, screen name, or password; or
- sell, rent, borrow, or otherwise transfer your Account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your Account.
- Breach. If you violate these Terms, MeanFreePath reserves the right to issue you a warning regarding the violation or, under Section M(2) of these Terms, immediately suspend or terminate your Account and your right to access and use the Site, Service, and Service Content (as defined in Section C(1) below). You agree that MeanFreePath need not provide you notice before terminating or suspending your Account and your right to access and use the Site, Service, and Service Content.
MeanFreePath may charge fees for the use of certain portions or aspects of our Service, including Virtual Currency and Virtual Goods (as those terms are defined below), as such fees are further described on our Site or through the Service. Fees are subject to change at any time. You must provide us with valid credit card information or other payment information prior to registering for the Service. You agree that we may charge fees to your credit card or other payment account for such Service and that you will pay all applicable fees assessed to your Account. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Our fees do not include charges and rates charged by your internet service provider or mobile carrier, including for data and messaging plans which are required to use the mobile features of the Service, and you are solely responsible for the payment of such charges and rates.
C. Proprietary Rights
- Service Content. You acknowledge that all intellectual property rights in our Site, Service and the underlying technology, and all information and content available on our Site and through the Service, excluding Your Content (as defined in Section C(2) below) but including games, Accounts, characters, and Virtual Currency, Virtual Items and Virtual Goods (as such terms are defined in Section I(1) below) (collectively, the “Service Content”), are owned by us and our suppliers (including other users). The Service Content is protected by copyright laws throughout the world. Subject to your compliance with these Terms, MeanFreePath grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to view and use the Service Content for your personal non-commercial entertainment purposes. No other use of the Service Content is authorized. In consideration of this authorization, you agree that any copy of the Service Content that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit any Service Content in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in this Agreement. There are no implied licenses.
- Your Content. We do not claim ownership in any text, graphics, images, sounds, video, and other material, information, or content, uploaded to, or transmitted on or through, the Site or Service by you, but excluding any Feedback you submit (collectively, “Your Content”). We are not obligated to back up any of Your Content. You are solely responsible for creating backup copies of and replacing any of Your Content that you post or store on our Service, at your sole cost and expense. You hereby grant to MeanFreePath, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and otherwise use Your Content in connection with providing our Service. You should only upload Your Content to our Service (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above.
- Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Site, the Service, or the Service Content, including location names and descriptions therefor for incorporation in our games (collectively, “Feedback”), we may use such Feedback for any purpose, provided we will not associate such Feedback with your Account username. So that we may incorporate Feedback into the games, applications, and the Service, we may offer to you and/or other users, you agree that MeanFreePath alone will own all worldwide right, title and interest, including all related intellectual property rights, in and to all Feedback and you hereby irrevocably and unconditionally assign such Feedback and all such rights to MeanFreePath free of charge. If such assignment is ineffective under applicable law, you hereby grant to MeanFreePath, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
D. Acceptable Use and Conduct
You are solely responsible for any and all of Your Content and you agree that you will use our Site and Service in compliance with all applicable laws and regulations.
- Prohibited Content. You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes content that:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- bullies, defames, harasses or advocates stalking of, or intimidates another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming;”
- is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- is threatening, including threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game, application or the Service;
- infringes another person’s content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country;
- promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism) or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
- contains viruses, Trojan horses, worms, time bombs, or similar software; or
- otherwise violates the terms of these Terms of Service or creates liability for us. You represent and warrant that: (1) you own Your Content or otherwise have the right to grant the licenses set forth in these Terms of Service and (2) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other proprietary rights or intellectual property rights of any person.
- Prohibited Conduct. You agree that you will not initiate, engage in, or promote Prohibited Conduct in connection with the use of our Site or Service, or to mimic in-game experiences in the real world. “Prohibited Conduct” includes:
- cheating or using, developing or distributing automation software programs (“bots”), “macro” software programs or other “cheat utility” software programs or applications which are designed to modify the Service or the MeanFreePath experience;
- exploiting, distributing or informing other users of any game error, miscue or bug which gives an unintended advantage;
- interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Site or Service including by
- covering or obscuring any advertisements on any web page that is part of our Site or Service via HTML/CSS, scripting, or any other means,
- creating an undue burden on our Service or our network,
- introducing software or automated agents to our Service so as to produce multiple Accounts, generate automated messages, or to strip or mine data from our Service,
- modifying any data or equipment to manipulate the functionality of our Service, or
- interfering with any other user’s experience;
- promoting or encouraging any illegal activity including hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
- restricting or inhibiting any other user from using and enjoying the Site or Service (such as, but not limited to, disrupting the flow of chat in chat rooms with Prohibited Content, 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, or flooding (continuous posting repetitive text));
- promoting, encouraging, advocating, or providing instructional information about illegal activities such as, without limitation, making or buying illegal weapons, illegal drugs, or illegal substances, committing real world crimes, violating someone’s privacy, or providing or creating computer viruses and other harmful code;
- exploiting persons under the age of eighteen (18) in a sexual or violent manner, or soliciting personal information from anyone under eighteen (18);
- soliciting passwords or personally identifying information (Personal Information) for commercial or unlawful purposes from other users;
- except as approved by us in writing, conducting commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- subleasing your Account, or offering “free space” on, or any other access to your Account to third parties (including allowing third parties to utilize your account free of charge);
- improperly using support channels or complaint buttons to make false reports to MeanFreePath;
- participating in any action that, in MeanFreePath’s sole and absolute opinion, results or may result in an authorized user of the Service being defrauded out of Virtual Currency or Virtual Goods that the user has earned or purchased through authorized game play in the Service;
- selling the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user Accounts and access to them in exchange for real currency or items of monetary value;
- violating any other terms governing the access or use of the Service;
- using GPS location “spoofing” programs to provide erroneous or false GPS or other location data to the Service;
- taking advantage of erroneous GPS or other location data while using the Service;
- using the Service for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or
- otherwise creating liability for MeanFreePath.
- Enforcement by Us. We have the right (but not the obligation) to review any or all portions of Your Content and delete (or modify) any of Your Content from our Site or Service for any reason, including if we believe, in our sole judgment, Your Content violates these Terms of Service or is Prohibited Content, or that we believe, in our sole judgment, constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation), in our sole discretion, to investigate and take appropriate action, including removing Your Content from our Site or the Service (or modifying it), suspending or terminating your Account and/or suspending or terminating the provision of our Service, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your Account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, Your Content, and your conduct.
E. Location Information
Some of your location information is collected and utilized by the Services automatically, such as location pulled from your Wi-Fi access point or internet service provider or cell towers or other sensor data from your device(s). The information is then utilized within the Services/games in order to utilize your general location for purposes of gameplay. This type of location information that is collected and utilized by the Services automatically is often-times (but not always limited), and is not as accurate as GPS or other types of location information.
For most Services, we also attempt to additionally collect GPS and/or other location based information upon Service launch. To the extent required by third parties, this will be done on a voluntary basis (e.g., Apple currently requires us to ask for permission before the very first GPS fetch, in which such case we allow for you to deny our Services permission to utilize the GPS data). To the extent allowed by third parties, however, we will (and reserve the future right to in the event that Apple or other third parties change their policies), collect and utilize this and other location based information within the Services/games in order to utilize a more accurate location for purposes of gameplay.
In the event that we are required to ask for permission for a specific type of location data, and you deny the permission, you hereby agree and acknowledge that the Services and their functionality may be extremely limited or unusable.
You agree to the above by use of the Service. Regarding such location information as we may collect, with or without your permission as required by law or third parties, or that you may share, add, disclosure, identify, or modify in the Service, you should be careful of and aware that by your disclosing your location, that such information may be available to the public and identified with your Service user name and Service user profile. By utilizing the Services, and if you decide to add, identify, share or otherwise disclose additional information about your location in the Service, or use personally identifiable information in your user name or user profile or communications in or related to the Services, you are doing so entirely at your own risk with the knowledge that location information will be utilized in the Services.
F. Public Areas and Invitee Areas“Public Areas” are those areas of our Site or Service such as chat rooms or forums, message boards, bulletin boards, news groups, and pages that include testimonials, to which you may send communications that are publicly available to anyone who may have access to that public area. “Invitee Areas” are those areas of our Site or Service that may be accessed only by you and any of your invitees logging in with his/her Account username. You should be careful about your communications in Public Areas because these communications disclose to the public your user name and user profile and any Personal Information you choose to disclose. Similarly, you should be careful about your communications in Invitee Areas because these communications disclose to your invitees your Account username and any Personal Information you choose to disclose. Any information you include in any public profile, such as your message board profile, or in your messages using third party instant messaging communications (such as, but not limited to, Twitter) is also available to others. You (and not MeanFreePath) are solely responsible for your communications and the consequences of posting these communications to any Public Area and/or Invitee Area.
G. Third Party Promotions and LinksOur Site or Service may contain advertisements and other promotional content of third parties including links to third party websites or vendors (collectively “Third Party Promotions and Links”). We make no representation or warranty regarding any content, goods or services contained in such Third Party Promotions and Links, and will not be liable for any claim relating thereto. These Third Party Promotions and Links are not under the control of MeanFreePath, and MeanFreePath has no responsibility for, their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions and Links to you only as a convenience and we do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties. If you decide to access any of these Third Party Promotions and Links, you do this entirely at your own risk and any separate charges or obligations you incur in your dealings with these third parties, are your responsibility. Third Party Promotions and Links including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
H. ReleaseYou agree that we do not assume any responsibility or liability for the content (including location information) provided by, or the conduct of, any user and you bear the entire risk of continuing to use the Site, Service, and Service Content, including your interactions with other users of the Service. In addition, your interactions with third parties from whose websites or platforms portions of the Service or Service Content may be made available are solely between you and such third parties. You agree that MeanFreePath will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense, incurred as the result of any such interactions with other users or third parties. If there is a claim or dispute between you and any such users or third parties, we are under no obligation to become involved. You hereby release and forever discharge us, our directors, officers, employees, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any of your interactions with, or the acts or omissions of, any such users or third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
I. Virtual Currency and Virtual Goods
The Service may include virtual, in-game currency, including game coins, game cash, and/or game points (collectively, “Virtual Currency”) and/or virtual, in-game digital items, such as assets, upgrades, weapons, armors, items, commodities, abilities or other goods (the foregoing, together with Virtual Currency, collectively referred to as “Virtual Items” or “Virtual Goods”), in each case that may be “earned” or “purchased” from MeanFreePath for legal tender or actual currency if you are of legal age in your jurisdiction of residence and, subject to applicable law. You agree that all sales of Virtual Goods and Virtual Currency are final. Purchases of Virtual Goods and/or Virtual Currency are non-refundable to the full extent permitted by law; no refunds will be given, except in our sole and absolute discretion.
You acknowledge and agree that all Virtual Goods and Virtual Currency purchased by you are forfeited if your Account or these Terms of Service are terminated or suspended for any reason or if MeanFreePath discontinues any or all portions of the Site or Service.
MeanFreePath has the absolute right to manage, regulate, control, modify and/or eliminate any or all Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion. Prices and availability of Virtual Currency and Virtual Goods, as well as the ways that you can use or transfer them, are subject to change without notice. We expressly reserve the right to stop issuing Virtual Currency and/or Virtual Goods entirely. In the event MeanFreePath issues any free or promotional Virtual Currency and/or Virtual Goods to users, we may expire these at any time. MeanFreePath shall have no liability to you or any third party for the exercise of such rights regarding Virtual Currency and/or Virtual Goods.
- Limited License. You understand that use of real world terms (“earned,” “bought,” “purchased,” etc.) are only being used as shorthand, and you do not in fact “own” or have any rights with respect to the Virtual Items or Virtual Goods, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs, games or applications that occasionally manifest themselves as these items; you have a limited right to use the Virtual Items in connection with certain features of the Service, such as the “purchase” of a Virtual Good. Virtual Currency, Virtual Items, and any balances of the same shown in your Account do not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Subject to your compliance with these Terms of Service, MeanFreePath grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Virtual Goods and Virtual Currency within the Service solely for your personal, non-commercial entertainment purposes. Except for the foregoing limited license, you understand that you have no right, title, or interest in or to any such Virtual Goods or Virtual Currency, or any other attributes associated with the use of the Virtual Goods or Virtual Currency appearing, originating or stored in the Service.
- No Transfer. Transfers of Virtual Currency or Virtual Goods are strictly prohibited except where explicitly authorized within the Site or Service. Regardless of the terminology used, however, you may not buy or sell any Virtual Currency or Virtual Goods outside the Service or exchange, redeem or otherwise transfer them for actual currency (“real world” money), goods or other items of monetary value from or to MeanFreePath, any other user of the Service, or any other person or party. Doing so or any attempt to do so will be a violation of these Terms of Service and may result in a lifetime ban from the Service and possible legal action.
- No Ownership or Sale of the Account or Virtual Items. MeanFreePath does not recognize the transfer of MeanFreePath Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. MeanFreePath owns, has licensed, or otherwise has rights to all of the content that appears in the Service. You agree that you have no right or title in or to any such content, including without limitation the Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with any Account. MeanFreePath does not recognize any purported transfers of virtual property executed outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service. Accordingly, you may not sell in-game items or currency (Virtual Goods, Virtual Items, or Virtual Currency) for “real” money, or exchange those Virtual Items for value outside of the Service.
MeanFreePath reserves the right, at any time, to modify, suspend, or discontinue the Site or Service, including any content thereon, or any parts of the foregoing with or without notice. You agree that MeanFreePath will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Service, including any content thereon, or any parts of the foregoing with or without notice.
Security is a high priority for us, and we make reasonable efforts to protect your Account through the design of our Site and Service, as well as through technical means, including the use of encryption and firewalls. However, no company, including MeanFreePath, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your Account or Your Content, including your Personal Information, while it is transmitted over the Internet or stored on our Site or Service.
L. Dispute Resolution and Governing Law
Informal Negotiation. Subject to the exceptions expressly provided in Paragraph 4 below, you and MeanFreePath agree to first attempt to negotiate the resolution of any dispute, controversy or claim related to these Terms of Service (“Dispute”) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Disputes include, but are not limited to all questions of arbitrability, the existence, validity, scope or termination of these Terms or any provision thereof. Such informal negotiations commence upon written notice from one party to the other. MeanFreePath will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to:MeanFreePath, LLC,
560 Haight Street #104
San Francisco, CA 94117 ATTN: Legal Officer
- Binding Arbitration. If you and MeanFreePath are unable to resolve a Dispute through informal negotiations, either you or MeanFreePath may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and MeanFreePath agree that any arbitration shall be limited to the Dispute between MeanFreePath and you individually. To the full extent permitted by law,
- no arbitration shall be joined with any other;
- there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
- there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and MeanFreePath agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
- any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MeanFreePath’s intellectual property rights;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
- any claim for injunctive relief.
- Location. You agree that any arbitration shall be initiated in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and MeanFreePath each waive any objection to the jurisdiction and venue of such court.
- Governing Law and Remedies. Except as expressly provided otherwise, these Terms of Service and any action related thereto or to the Service will be governed by, and will be construed under, the laws of the State of California, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed by the parties. You acknowledge that the rights granted and obligations made to MeanFreePath under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to MeanFreePath for which remedies at law are inadequate. MeanFreePath shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
- Severability. You and MeanFreePath agree that if any portion of this Section L is found illegal or unenforceable (except any portion of Paragraph 4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Paragraph 4 is found to be illegal or unenforceable then neither you nor MeanFreePath will elect to arbitrate any Dispute falling within that portion of Paragraph 4 found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and MeanFreePath agree to submit to the personal jurisdiction of that court.
Termination by You. You may terminate your Account with us at any time and for any reason by providing notice of termination to us through either of the following methods: by issuing an email to email@example.com , by sending written notice by registered or certified mail, return receipt requested, addressed to:MeanFreePath, LLC,
Attention: Account Manager,
560 Haight Street #104
San Francisco, CA 94117
Notice will be deemed given when received by MeanFreePath. You may terminate the use of the Service from a Third Party Affiliated Website by following the provisions in the terms and conditions applicable to that Third Party Affiliated Website.
- Termination by Us. We reserve the right to terminate or suspend your Account or your access to any or all portions of the Site or Service at any time, for any reason, including your violation or breach of any provision in these Terms. Without limiting any other remedies, we reserve the right to limit, suspend, terminate, modify, or delete your Account or access to any or all of the Site or Service or portions thereof if you are, or MeanFreePath suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Service, with or without notice to you, at any time. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms. We also reserve the right, in our sole discretion, to terminate your Account and/or delete your Account and all data and information associated therewith due to your inactivity within your Account and/or the Service. MeanFreePath reserves the right to stop offering and/or supporting the Service or a particular game, application or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, MeanFreePath shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
- THE SITE, SERVICE, AND SERVICE CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SITE, SERVICE, OR SERVICE CONTENT, WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THESE TERMS AND THE SITE, SERVICE, AND SERVICE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SITE, SERVICE, OR SERVICE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE OF SUCH SITE, SERVICE, OR SERVICE CONTENT. NO WARRANTIES ARE MADE BY ANY OF OUR SUPPLIERS. YOUR ACCESS AND USE OF THE SITE, SERVICE, AND SERVICE CONTENT, IS AT YOUR OWN RISK.
- YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY OF YOUR CONTENT, INCLUDING ANY LOCATION INFORMATION, TO US THROUGH OUR SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF YOUR CONTENT.
- MEANFREEPATH OPERATES AND PROVIDES THE SITE AND SERVICE FROM THE UNITED STATES. MEANFREEPATH MAKES NO REPRESENTATION THAT THE SITE, SERVICE, OR SERVICE CONTENT, ARE APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THE INFORMATION PROVIDED ON THE SITE OR 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 ANY LAW OR REGULATION OF THAT JURISDICTION OR COUNTRY OR WHICH WOULD SUBJECT MEANFREEPATH TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
O. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEANFREEPATH WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR ACCOUNT, YOUR CONTENT, GAME PLAY, VIRTUAL CURRENCY, VIRTUAL GOODS, VIRTUAL ITEMS, CHARACTERS, OR OTHER DATA OR INFORMATION, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, SERVICE, OR SERVICE CONTENT, FOR ANY REASON, INCLUDING INTERRUPTIONS OF THE SITE OR SERVICE CAUSED BY (A) SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS, (B) DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, © YOUR CONTENT, (D) LOCATION INFORMATION PROVIDED BY YOU, ANY OTHER USER, OR OTHERWISE DISCLOSED ON THE SERVICE, OR (E) YOUR OR ANY OTHER USER’S ERRORS OR OMISSIONS.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEANFREEPATH BE LIABLE IN ANY WAY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICE, OR ANY SERVICE CONTENT, EVEN IF MEANFREEPATH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- MEANFREEPATH’S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICE, AND SERVICE CONTENT, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) FIFTY US DOLLARS ($50) OR (B) THE AMOUNTS YOU HAVE PAID MEANFREEPATH IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE FIRST CLAIM GIVING RISE TO THE LIABILITY (FOR THE AVOIDANCE OF DOUBT, THE FOREGOING DOES NOT IN ANY WAY ALTER THE FACT THAT YOU FORFEIT VIRTUAL CURRENCY AND VIRTUAL ITEMS/GOODS UPON THE TERMINATION OF THE SITE/SERVICE, ALL AS FURTHER DESCRIBED IN THESE TERMS OF SERVICE).
- YOU AGREE THAT OUR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE, SERVICE, OR SERVICE CONTENT.
- YOU AGREE THAT NEITHER MEANFREEPATH NOR ITS SERVICE PROVIDERS WILL HAVE ANY LIABILITY ARISING FROM OR RELATING TO YOUR USE OF OR RELIANCE UPON MAP DATA FOR ANY BUSINESS, NAVIGATION, OR OTHER ACTIVITY UNRELATED TO THE SITE OR THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Sections N and O above may not apply to you.
You agree to defend, indemnify, and hold MeanFreePath and its directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by MeanFreePath or any Indemnified Party arising out of or relating to:
- your access and use of, or inability to access and use, the Site, Service, or Service Content,
- Your Content, or
- your violation or breach of any provision in these Terms or your violation of any rights of a third party.
R. Copyright Policy
It is our policy to remove, or disable access to, material that infringes any copyright from our Site or through our Service after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on our Site or through our Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site or through our Service; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:MeanFreePath, LLC
Attention: Copyright Compliance
560 Haight Street #104
San Francisco, CA 94117
S. MarksAll trademarks, logos and service marks displayed on the Site or Service (“Marks”) are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
T. General ProvisionsThese Terms constitute the entire agreement between you and MeanFreePath regarding your use of our Site, Service, and Service Content, and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. As used in these Terms, the word “including” means “including but not limited to.” Section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against MeanFreePath by virtue of having drafted them. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from us, in violation of United States export laws or regulations. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction. You acknowledge that MeanFreePath shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you of MeanFreePath’s intellectual property or proprietary rights or Section D. These Terms and any action related to these Terms will be governed and interpreted by and under the laws of the State of California, United States of America without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction. By using our Site or Service you hereby expressly consent to personal jurisdiction and venue in the state and federal courts for San Francisco County, California, United States of America for any lawsuit filed there against you by us arising from or relating to these Terms.
U. Contact Information
If you have any questions about these Terms of Service, please contact us by e-mail at firstname.lastname@example.org or by writing to us at:MeanFreePath, LLC,
560 Haight Street #104
San Francisco, CA 94117
in each case marking the message “Attention: Legal Officer.”
© 2014, MeanFreePath, LLC. All Rights Reserved.