FREAKATARS - Freaky creatures created by you at Freakatars.com -

FREAKATARS TERMS OF USE

Acceptance of Terms.

The following terms and conditions govern all use of the Freakatars.com website (the Site) and the services available at the Site (taken together, the Service). The Service is owned and operated by Freakatars, Inc. (Freakatars). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Freakatars (collectively, the Terms of Use).

The Service is available only to individuals who are at least 14 years old, or otherwise have the valid consent of a parent or other guardian. If you do not so qualify, do not attempt to register for or use the Service. Freakatars may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

if you do not agree to all of these Terms of Use, then do not access or use the Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE

Changes

Freakatars reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes

Registration

As a condition to using the Service, you may be required to register with Freakatars and select a password and username (Freakatars User ID). Your Freakatars User ID cannot be changed, so please select one carefully. You shall provide Freakatars with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use your own name for your Freakatars User ID. In addition, you shall not (i) select or use as a Freakatars User ID a name of another person with the intent to impersonate that person; (ii) use as a Freakatars User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Freakatars User ID a name that is otherwise offensive, vulgar or obscene. Freakatars reserves the right to refuse registration of, or cancel, a Freakatars User ID in its sole discretion. You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your Freakatars password. You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign your account to any third party. You will immediately notify Freakatars in writing of any unauthorized use of your account or other account- related security breach of which you are aware.

Fees; Payment

Certain products offered by (or on behalf of) Freakatars through the Site will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in U.S. dollars unless stated otherwise by Freakatars on the Site. All fees are payable upon demand on a Visa, MasterCard, American Express, Discover credit card. Freakatars reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges.

Privacy

Freakatars’ current privacy policy is available at http://www.freakatars.com/privacy (the Privacy Policy), which is incorporated by this reference. We strongly urge you to review the Privacy Policy

rules and conduct

The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own information purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale to third parties), is expressly prohibited.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Freakatars. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms of Use;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
imposes an unreasonable or disproportionately large load on Freakatars’ computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data or other information of Freakatars or any third party; or
harvests or collects any information from the Site; or
impersonates any person or entity, including any employee or representative of Freakatars.

Freakatars may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section

Third Party Sites

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Freakatars’ control, and you acknowledge that Freakatars is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Freakatars or any association with its operators.

Proprietary Rights; Creature Creations.

You agree that all content and materials delivered via the Service or otherwise made available by Freakatars at the Site (including, without limitation, all Site design elements) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Freakatars in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein.

In addition, all creature avatars you create through use of the Service will be the sole and exclusive property of Freakatars (and its successors and assigns). You will only use such creature avatars as permitted by the functionality of the Site (and, for clarity, you shall not use any creature avatar for any commercial purpose without Freakatars’ consent). Freakatars may revoke your right to use any creature avatar at any time. You agree not to use your own name for the name of any creature avatar you create through use of the Service.

Use of the creature avatars, content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

Other User Submissions.

This section is subject to the “Proprietary Rights; Creature Creation” section above.

The Service may provide you with the ability to publicly: upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, data and images) to the Service (“User Submissions”). By posting User Submissions on or at the Site or otherwise through the Service, you:

grant Freakatars a worldwide, non-exclusive, royalty-free, sublicensable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the Site and Freakatars’ (and its successor’s) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media now known or hereafter developed (the foregoing license granted by you terminates once you remove or delete a User Submission from the Site);
represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by Freakatars (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
acknowledge that such User Submissions may not be treated confidentially.

You shall not provide Freakatars with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service.

Termination.

Freakatars may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.

No Warranties.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FREAKATARS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

IN NO EVENT SHALL FREAKATARS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification.

You agree to defend, indemnify and hold harmless Freakatars, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees, that arise from your use or misuse of the Service. Freakatars reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Freakatars in asserting any available defenses.

International Use.

Freakatars makes no representation that any information or other content available through the Site is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such information or content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Freakatars agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability

These Terms of Use are the entire agreement between you and Freakatars with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Freakatars with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous.

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Freakatars’ prior written consent. Freakatars may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

“Freakatars” as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Freakatars, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

Contact.

You may contact Freakatars at the following address:

Freakatars, Inc.
Attn: Adam Jacobs
1106 Second Street
Encinitas, CA 92024

Freakatars - Freaky Creatures Created By You!