1. YOU MUST AGREE TO THIS TERMS OF SERVICE AGREEMENT BEFORE USING OUR WEBSITE AND/OR PLAYING OUR GAMES
This Terms of Service Agreement (“Agreement”) informs you of the terms, conditions, disclaimers, notices and policies (collectively the “Terms”) that apply to your access and use of the website of Mark Schramm. (“Mark Schramm”), located at the URL www.mark-schramm.com (“Site”) and any and all games and related products, including virtual goods, provided by Mark Schramm(“Games”). Collectively, the Site and the Games are referred to as the “Services” in this Agreement. Many of these Games may be playable by one or more persons simultaneously (each a “User” and collectively “Users”), and the conduct of all such Users while playing the Games or using the Site is governed by this Agreement.
This Agreement is a binding contract between you and Mark Schramm that provides for important rights and obligations. By accessing, browsing, and/or using the Services and/or playing, downloading or browsing our Games you represent to Mark Schramm that you have read, understood and agree to be bound by this Agreement and all applicable local, state, national and international laws and conventions, including without limitation all intellectual property laws. Mark Schramm reserves the right, at its sole and absolute discretion, to deny any User access to the Services, without notice. If you violate any of the Terms, we may, at our option, give you a warning notice of violation or terminate your account immediately for violation of the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR ACCESS OR USE OUR GAMES.
2. ELIGIBILITY TO ACCEPT AGREEMENT AND USE THE SITE
You must be at least 13 years of age to access and use the Services. There is no exception to this requirement. Mark Schramm does not knowingly collect any personal information from children under the age of 13 that falls within the Children’s Online Privacy Protection Act and Rule. By your use of the Services, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
3. MARK SCHRAMM’S RIGHT TO MODIFY AGREEMENT
Mark Schramm may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Services after such modification shall be deemed to be your acceptance of any such modification. Any such modification will only apply to matters and events which occur following the date of modification. You may not modify this Agreement without the prior written authorization of an officer of Mark Schramm. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITE AND UNINSTALL ANY GAMES YOU MAY HAVE INSTALLED ON YOUR COMPUTER OR OTHER INTERACTIVE DEVICE OR PLATFORM.
4. MARK SCHRAMM’S OWNERSHIP OF THE SERVICES AND PROPRIETARY MATERIALS
The Services contain copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the “Proprietary Material”). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by Mark Schramm. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of Mark Schramm. Moreover, you may not reverse engineer, disassemble, decompile, or translate any computer software programs that comprise Proprietary Material, or otherwise attempt to derive the source code of such programs, except to the extent allowed under any applicable law. If applicable law permits such activities, any information so discovered must be promptly disclosed to Mark Schramm and shall be deemed to be the confidential proprietary information of Mark Schramm. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by Mark Schramm from third parties. The licensors of those materials are an intended beneficiary of this Agreement and may enforce their rights in the event of any violation of this Agreement.
ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY MARK SCHRAMM AND ITS LICENSORS.
5. OWNERSHIP OF IDEAS INVENTIONS AND USER SUBMISSIONS INCLUDING USER-GENERATED CONTENT
The Services provide you with access to a variety of resources, materials and downloads, and may allow you access content made available by Mark Schramm and other Users. Such content may include, without limitation, game levels, content creation tools, audio, video, film, music, text, communications, software, graphics, images, and information. All such content made available by you or by other Users of the Services is referred to in this Agreement as “User-Generated Content.” As between Mark Schramm and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Services may be made freely available by Mark Schramm to others, including without limitation for download by others.
You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to Mark Schramm to use, copy, perform, display and distribute such User-Generated Content, and to grant and authorize sublicenses of such User-Generated Content to others.
All comments, feedback, suggestions, gameplay features, level designs, and other submissions (“User Ideas”) disclosed, submitted, or offered to Mark Schramm shall be the exclusive property of Mark Schramm. Unless otherwise prohibited by law, Mark Schramm may use, sell, exploit, or create derivative works from these User Ideas and, further, Mark Schramm may disclose these User Ideas to third parties or the general public, without compensation to you.
You acknowledge that User Ideas and User-Generated Content are provided by you on a completely voluntary basis. Should you not wish to have your User Ideas or User-Generated Content incorporated into any game or website functions, you may choose not to share them with Mark Schramm on the Site.
6. TERMINATION OF GAMES OR SERVICE
Mark Schramm may terminate access to any or all Games and/or Services at any time by giving you notice of such termination within the time period specified when you consented to the Services, or if no time period for notice of termination was specified, then no less than thirty (30) days of the date such notice is either provided to you, at Mark Schramm’s discretion, either by email or by posting on the Site.
7. PROHIBITED USER-GENERATED CONTENT
(a) constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
(b) misrepresents the source or identity of any material;
(c) is unlawful, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, creates civil liability, or is otherwise offensive to Users of the Services or is otherwise inappropriate;
(d) violates the rights of privacy or publicity of any person;
(e) is false or deceptive;
(f) displays pornographic or sexually explicit material of any kind;
(g) includes material that exploits people under the age of 18 in a sexual or violent manner;
(h) is an advertisement or solicitation to sell a product or service to Users of the Site, or constitutes any other commercial use of the Site, without the prior written consent of Mark Schramm;
(i) is unlawful under the laws of the United States or any individual state or locality, the laws of any foreign jurisdiction, or any international treaty or convention; or
(j) interferes with the proper functioning of the Services or the Site, or violates any other of the Terms of this Agreement.
You should not post any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms.
You acknowledge that Mark Schramm is a service provider that may allow Users to interact online regarding topics and content self-chosen by the Users. Mark Schramm does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. Mark Schramm generally does not regulate and shall have no obligation to monitor any User-Generated Content. Nonetheless, Mark Schramm and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. Mark Schramm may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content. Mark Schramm also may terminate your access to the Site and refer the User-Generated Content to law enforcement if it is in violation of any state, federal or local law.
8. PROHIBITED USER CONDUCT
Subject to the permitted use of the Services granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service, or remove any proprietary notices or labels from the Service. Failure to comply with the restrictions and limitations contained in this Section 8 will result in the immediate, automatic termination of your access to the Services and may subject you to civil and/or criminal liability.
You further agree that you will not, under any circumstances:
(a) frame or otherwise display any portion of the Services or its contents that is not your User-Generated Content without prior authorization;
(b) sell, grant a security interest in, or transfer reproductions of all or any portion of the Services to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Services to others;
(c) exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of Mark Schramm;
(d) host, provide or develop services for or using the Services, or intercept, emulate or redirect the communication protocols used by Mark Schramm in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
(e) facilitate, create or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by Mark Schramm. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by Mark Schramm;
(f) to develop or allow any malware, adware, spyware, Trojan Horses, cancelbots, other automated “bots”, “auto players”, cheat utilities, spoofers, keyloggers, or other circumvention devices to be present on any machine used to access the Services; and/or to attempt to upload/utilize such devices against the Services;
(g) use vulgar, obscene, pornographic language or other behavior while in the forums, chat rooms, or other public areas that will disrupt the User experience in those areas of the Site;
(h) use the Services in connection with any contests, surveys, chain letters, pyramid schemes or other similar services, whether or not they are used for commercial gain;
(i) collect, harvest, scrape or capture any User information, email addresses or other personal data of the Users to send unsolicited emails or any other communication, whether this is done for commercial gain; or
(j) use the Services in a manner prohibited by any applicable law or government regulation, or by the Terms.
Mark Schramm expressly reserves the right to monitor any/all network traffic between the User(s) and the Services to prevent the use of said means to compromise the Services
9. GENERAL DISCLAIMERS
(a) THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, MARK SCHRAMM DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, Mark Schramm DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) Mark Schramm IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL Mark Schramm BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SERVICES ARE CONTROLLED AND PROVIDED BY Mark Schramm FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. Mark Schramm MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, Mark Schramm, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT Mark Schramm CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.
11. LINKS TO THIRD-PARTY WEBSITES
Solely as a convenience to Users, Mark Schramm may provide links on the Services to other websites ownedby third-parties. Unless otherwise expressly stated, Mark Schramm does not endorse or control these third-party websites and assumes no responsibility for them or the content contained therein.
12. EQUITABLE REMEDIES
You acknowledge and agree that money damages would not be a sufficient remedy for any breach orthreatened breach of this Agreement by you. Mark Schramm shall be entitled to seek equitable relief, including a preliminary and final injunction and specific performance, as a remedy for any such breach. Such remedies shall not be the exclusive remedies for a breach by you, but shall be in addition to all other remedies available to Mark Schramm at law or in equity.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Mark Schramm, its offers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Services, your violation of any of the Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Services.
14. GENERAL PROVISIONS
You agree that the Services shall be deemed exclusively based in the State of California, USA, and this Agreement shall be deemed to have been made and executed exclusively in the State of California. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the State of California without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or Mark Schramm shall be commenced and maintained in any state or federal court located in Los Angeles County, State of California, USA, having subject matter jurisdiction with respect to such dispute. You and Mark Schramm agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of Mark Schramm; Mark Schramm may assign this Agreement without restriction of any kind. No failure on the part of Mark Schramm to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and Mark Schramm with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
I HEREBY ACKNOWLEDGE THAT I HAVE READ IN ITS ENTIRETY AND UNDERSTAND THE FOREGOING AGREEMENT. I AGREE THAT BY BROWSING, INSTALLING OR USING THE SERVICES I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.