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TERMS OF USE AGREEMENT1. Ownership and Agreement to Terms of Use. Welcome to PerBlue, Inc.'s ("PerBlue", "We", "Our") location-based massively multi-player online game ("MMO") application for mobile devices, "Parallel Kingdom, Age of Exploration," ("MMO") and all associated Per Blue services provided at or through Subscribers, customers, users, and others who download, access, use, purchase, play and/or subscribe (collectively, "use" or "using") to PK ("You", "Your", "Users") do so under this Terms of Use Agreement ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING PK, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND AGREEING TO BE BOUND BY THE TERMS OF USE.
PERBLUE RESERVES THE RIGHT, IN OUR SOLE DISCRETION TO MODIFY, ADD OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME ("CHANGES"). IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF PK WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.
IF YOU DO NOT AGREE TO THE TERMS OF USE NOW OR IF AT ANY TIME THE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF PK IMMEDIATELY.
THE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND PERBLUE. You may receive a copy of this Agreement by emailing us at: legal@parallelkingdom.com, Subject: Terms of Use Agreement.
This Terms of Use Agreement is solely between You and PerBlue, and does not include any of PerBlue's licensors. PerBlue and not PerBlue's licensors are solely responsible for PK and related content.
The Terms of Use incorporate by reference PerBlue's Privacy Policy located http://www.parallelkingdom.com/privacy.shtml. Please read the terms of these documents carefully as You agree to them when You agree to the Terms of Use.
As long as You comply with the Terms of Use, PerBlue grants You a personal, non-exclusive, non-transferable, limited privilege to use PK on 1) an Apple iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service or 2) any phone running Google Android. Subject to the Terms of Use, You may become a PK account holder, play the MMO, invite others to play the MMO, transmit Your location and actions to other Users, allow Users to transmit their location and actions to You and submit text, messages, information and other content and data as permitted by the functionality of the MMO ("User Submissions"). Support and maintenance of PK is provided by PerBlue. In no event shall Apple, Google, or any other PerBlue licensors have any obligation with respect to maintenance and support services for PK.
2. Age Restriction.
PK IS ONLY AVAILABLE FOR USERS AGED 13 YEARS OR OLDER. IF YOU ARE UNDER THE AGE OF 13, CEASE USING PK IMMEDIATELY.
IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR LEGAL GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE THE TERMS OF USE AND YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS OF USE ON YOUR BEHALF THROUGH THE PK REGISTRATION PROCESS.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A CHILD 13 YEARS OR OLDER WHO WISHES TO USE PK, YOU MUST AGREE TO AND ACCEPT THE TERMS OF USE AND FULL RESPONSIBILITY FOR YOUR CHILD'S USE OF PK, INCLUDING ALL FINANCIAL CHARGES AND ANY LEGAL LIABILITY THAT MAY RESULT.
IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A CHILD WHO IS USING PK AND YOU WISH PERBLUE DISABLE YOUR CHILD'S ACCOUNT, PLEASE EMAIL PERBLUE AT legal@parallelkingdom.com AND REQUEST THAT YOUR CHILD'S ACCOUNT BE DISABLED.
3. Your Conduct
You agree NOT to:
4. Disclaimers.
You acknowledge and agree that PerBlue has offered PK and entered into the Terms of Use with You in reliance upon these disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the disclaimers and the limitations of liability set forth in the Terms of Use reflect a reasonable and fair allocation of risk between You and PerBlue and that the disclaimers and limitations of liability set forth in this agreement form an essential basis of the bargain between You and PerBlue. PerBlue would not provide PK to You without these disclaimers and limitations on liability.
PK is intended only as a location-based MMO application for mobile devices. It should not be used or relied on as an emergency locator system, used while driving or operating any vehicle or other means of transportation, or used in any situation where such use could lead to death, personal injury, severe physical injury or property damage.
YOU AGREE THAT YOUR USE OF PK SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. PK IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND.
PERBLUE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO PK AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION.
IF YOU PURCHASED THE MMO FROM THE APPLE APP STORE, YOUR SOLE REMEDY IS TO REQUEST A REFUND FROM APPLE AND APPLE WILL REFUND THE PURCHASE PRICE FOR PK TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO PK AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF PK.
IF YOU PURCHASED THE MMO FROM THE GOOGLE ANDROID MARKET, YOUR SOLE REMEDY IS TO REQUEST A REFUND FROM GOOGLE WITHIN 48 HOURS OF PURCHASE AND GOOGLE WILL REFUND THE PURCHASE PRICE FOR PK TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO PK AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF PK.
PERBLUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PK LOCATION INFORMATION, TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO YOUR USE PK OR DOWNLOAD OF THE MMO. IN NO EVENT SHALL PERBLUE, APPLE OR GOOGLE BE RESPONSIBLE FOR ANY SUCH SERVICING, REPAIRS OR CORRECTIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF PK AT YOUR OWN DISCRETION AND RISK.
PERBLUE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF PK; (B) ANY PRODUCTS OR SERVICES LISTED ON OR PURCHASED THROUGH PK; (C) ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES ON OR THROUGH PK; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF PK SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PK; (F) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO USE OF PK; (G) ANY ILLEGAL ACTIVITY IN CONNECTION WITH PK; AND (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PK .
PERBLUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH PK OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISEMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PER BLUE EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE OF PK OR THE MOBILE DEVICES ON WHICH IT IS LOADED, CLAIMS THAT ARE DUE TO NORMAL WEAR, PK OR MOBILE DEVICE MISUSE, ABUSE, MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION, AND PERBLUE MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
PERBLUE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS OR INTERACTIONS BETWEEN YOU AND OTHER USERS OR THIRD-PARTIES. AS WITH USE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
5. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL PERBLUE BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR PERSONAL INFORMATION AND LOCATION INFORMATION; (C) YOUR INABILITY TO USE PK; (D) PK GENERALLY; (E) THE SOFTWARE OR SYSTEMS THAT MAKE PK AVAILABLE; (F) YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT LOGIN AND PASSWORD INFORMATION; OR (F) ANY OTHER INTERACTIONS WITH PK, PK USERS, OR THIRD PARTIES IN CONNECTION WITH PK.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF PK OR A PK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL PERBLUE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY THE USERS TO USE PK OR $50.
YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, PK, SHALL BE FOR YOU TO DISCONTINUE USE OF PK.
TO THE EXTENT THAT THERE ARE CLAIMS NOT COVERED BY THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS HEREIN, PERBLUE, NOT APPLE OR GOOGLE IS RESPONSIBLE FOR ADDRESSING ANY OF SUCH CLAIMS RELATED TO PK OR YOU POSSESSION AND/OR USE OF PK, INCLUDING BUT NOT LIMITED TO (A) PRODUCT LIABILITY CLAIMS; ANY CLAIM THAT PK FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATOR REQUIREMENT; AND (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
IN THE EVENT OF ANY THIRD PARTY CLAIM, NOT COVERED BY THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS HEREIN, THAT PK OR YOUR POSSESSION AND USE OF PK INFRINGES THAT THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, PK, NOT APPLE OR GOOGLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
6. Indemnification.
You agree to indemnify, defend at PerBlue's request, and hold harmless PerBlue, its affiliates, officers, directors, employees and agents (the "Indemnified Parties") from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, expenses and any other liabilities (including attorney's fees, litigation expenses and settlement amounts) arising from or related to (a) Your use or misuse of any Location Information or PK generally; (b) any violation of the rights of, or injury to, any other person or entity either directly or indirectly caused by You; (c) any breach or violation by You of the Terms of Use; (d) Your use of PK to meet another User in-person; (e) Your use of PK to locate any physical location or attend any offline event; (f) Your use of, or inability to use, PK; (g) any of Your User Submissions; Your infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (h) any acts or omissions by You as a User of the MMO or as the organizer of an MMO group created by You and made up of other MMO Users; (i) any product listed or sold by You in connection with PK, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; (j) Your violation of any law, rule or regulation, whether local, state, federal or international; (k) any other party's access and use of PK or the MMO with Your unique username, password or other appropriate security code; or (l) any negligence or willful misconduct by You. You agree not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.
7. Content Ownership.
All of the content on PK including, without limitation text, graphics, maps, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel" and arrangement of such content ("Content"), is owned by PerBlue, its licensors, vendors, agents or content providers. All elements of PK including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. PK may only be used for the intended purpose for which PK is being made available. Except as may be expressly set forth herein, You hereby agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth herein, the Terms of Use only allow You to display, view, play, print, and download Content for Your own personal, informational, and noncommercial purposes. PK and the Content will remain the exclusive property of PerBlue or its licensors, vendors, agents or content providers unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on PK.
Modification of the Content or use of the Content for any purpose other than specified in the Terms of Use is a violation of PerBlue's legal rights. [For purposes of these Terms of Use, the use of Content on any other website or networked computer environment is prohibited unless explicitly stated otherwise.]
8. User Submissions.
You hereby acknowledge and agree that PerBlue does not guarantee any confidentiality or anonymity with respect to any User Submissions. You will be solely responsible for your own User Submissions. You represent and warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize PerBlue to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by PK and the Terms of Use.
You retain all of Your ownership rights in Your User Submissions. However, by submitting User Submissions to PK, You grant PerBlue a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with PerBlue (and its successors' and affiliates') businesses, including for promoting and marketing PK, the MMO (and derivative works thereof) in any media formats and through any media channels now known or hereinafter invented. Such license may also be exercised on behalf of PerBlue by third parties acting on PerBlue's behalf (e.g. technology partners, service providers and independent contractors). You also grant each other User a non-exclusive license to access Your User Submissions through PK, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of PK and under these Terms of Use.
PerBlue reserves the right to remove or decline to post any User Submissions at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that the User Submissions are inappropriate or fail to comply with the Terms of Use. PERBLUE HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER THIRD PARTY OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. PerBlue is not responsible for the back-up of any of User Submissions or any lost data resulting from the use, operation or discontinuation of any aspect of PK. You are solely responsible for maintaining back-ups of Your User Submissions and any information generated or stored through the use of PK.
PerBlue is not responsible for any User Submission posted in connection with PK. You agree not to: publish, post, distribute, or otherwise disseminate any User Submission that is libelous, defamatory, that invades privacy, or is obscene, pornographic, abusive, harassing, or otherwise unlawful or objectionable or which infringes on any intellectual property or other rights of any entity or person; threaten, harass, stalk, abuse others, or otherwise cause distress or unwanted attention to any person; engage in any unlawful purpose, or use PK in a manner that is contrary to any law or regulation; promote or encourage any illegal activity; transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of PK; impersonate another User, use another User's login, or violate the Terms of Use or the PK's posted Rules of Engagement.
9. PK Insiders
Users who have completed the Parallel Kingdom Insider Signup and been accepted by PerBlue ("Insiders") are required to agree to the following additional terms and conditions that govern all communications between the Insider and PerBlue and the ownership of any such communications as consideration for the privilege of being a PK Insider:
You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chatroom postings, ideas, suggestions, concepts, designs, or other material ("Material") You submit to any physical PerBlue company address, to any website owned or controlled by PerBlue, including but not limited to When You submit any Material to a PerBlue Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to PerBlue and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to PerBlue, PerBlue has the right to use the Material for as long as it wants, in anyway it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You now or at any time in the future. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.
You agree to treat any communication or information you receive from PerBlue or PK that is directed to Insiders as confidential ("Confidential Information") and refrain from sharing it with any third parties, including other Users and PerBlue competitors but not including other Insiders. Such Confidential Information may include without limitation, previews of designs or models for the MMO, software, source code and marketing information.
If You do not agree to these PK Insider terms, you must cancel your status as an Insider immediately by sending an email to legal@parallelkingdom.com.
10. User Interactions
PerBlue is not responsible for Your interactions with other Users, including for playing, communicating, networking, any purchase or sale of goods, and any other interactions between You and other Users. All such interactions made using PK should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. PerBlue bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, PerBlue is under no obligation to become involved. You release PerBlue and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, PK and PerBlue.
11. Third Party Websites
PK may contain links to third-party websites that are not owned or controlled by PerBlue. All such links are provided solely as a convenience to You. PerBlue has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. PerBlue does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the PK, You expressly relieve PerBlue from any and all liability arising from Your use of any third-party website.
12. Advertising
PerBlue has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials ("Advertisements") on or in connection with PK for its sole benefit. You will not and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with PK.
13. Termination and Modification
Deactivation. You may deactivate Your PK account at any time, for any reason, by following the instructions on the website http://www.parallelkingdom.com.
Termination. PerBlue may suspend or terminate Your account or Your use of PK at any time, without notice, for any reason or for no reason. It may also block Your access to PK in the event that: (a) You breach the Terms of Use; (b) We are unable to verify or authenticate any information You provide to us; or (c) We believe that Your actions may cause financial loss or legal liability for You, Our Users or PerBlue. PerBlue also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.
Effects of Termination. Upon any such termination, Your rights to access and use PK shall automatically terminate. PerBlue has no obligation to delete, remove, or retain Your User Submissions, and they may remain on PK. In addition, even if User Submissions are deleted from active display on PK, they may be recorded and saved by PerBlue in its archives.
Modification. PerBlue may at any time modify the MMO, any characters in the MMO or physical characteristics of the MMO at any time and without notice to You.
14. Digital Millennium Copyright Act
PerBlue respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
PerBlue's designated Copyright Agent to receive notifications of claimed infringement is: Justin Beck legal@parallelkingdom.com or mail to PO Box 260305 Madison, WI 53726. You acknowledge that if You fail to comply with all of the requirements of this Section 5(D), Your DMCA notice may not be valid.
We may give notice to Our Users of any infringement notice by means of a general notice on any of Our websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
15. Your Representations and Warranties
You represent and warrant that: (a) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (b) if necessary You have the written consent of each and every identifiable natural person in the User Submission to use such person's name and/or likeness in the manner contemplated by PK and the Terms of Use, and each such person has released You from any liability that may arise in relation to such use; (c) You have read, understood, agree with, and will abide by the terms of the Terms of Use; (d) the User Submission and PerBlue's use thereof as contemplated by these Terms of Use, including on and in PK, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; (e) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (f) You are not listed on any U.S. Government list of prohibited or restricted parties.
16. Ability to Accept Terms of Use
You affirm, represent and warrant that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, You affirm that You are over the age of 13, as PK is not intended for children under 13. If You are under 13 years of age, then please do not use PK.
17. General
The Terms of Use will be governed by the laws of the State of Wisconsin, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Dane County, Wisconsin. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. PerBlue may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement shall constitute a partnership or joint venture between You and PerBlue. PerBlue does not guarantee continuous, uninterrupted or secure access to PK, and use of PK may be interfered with by numerous factors outside of Our control. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3 (Disclaimers); 4 (Limitation of Liability); 5 (Indemnification); 6 (Content Ownership); 7 (User Submissions); 8 (User Interactions); 9 (Third Party Websites), 11 (Termination), 13 (Your Representations and Warranties), and; 14 (Ability to Accept Terms); and 15 (General) shall survive any termination or expiration of this Agreement. Additionally any provision that was, by its nature, intended to survive termination of the Terms of Use will so survive. If any provision of the Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
18. Third Party Beneficiary
You and PerBlue acknowledge and agree that Apple, and Apple's subsidiaries, and Google, and Google's subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary of the Terms of Use.
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© 2008. Parallel Kingdom is a PerBlue product. Privacy | Terms |
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