2. Proprietary Rights in Content on the Sites. . FEGN owns and retains all proprietary rights in the Sites. The Sites contain material that is derived in whole or in part from material supplied by FEGN, its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software (individually and collectively the "Materials"), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by FEGN. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of FEGN's or such other sources' copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the Sites, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
4. Rules of Conduct on the Sites.
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
c. You may not post or transmit Content (even if made in a joking, sarcastic or unintended manner) that:
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);
- promotes an illegal or unauthorized copy of another person's copyrighted work (see Paragraph 6 below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which FEGN, in its sole discretion, believes is or could be construed as being illegal;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or
FEGN reserves the right, but
not the obligation, to investigate and take appropriate legal action
in its sole discretion against anyone who it believes violates these
in whole or in part from the Sites, suspending or terminating the membership
of such violators and/or suspending or terminating their right to use
and access the Sites. FEGN DOES NOT WARRANT OR GUARANTEE THAT ALL
MATERIAL AND CONTENT ON THE SITES WILL NOT OFFEND YOU..
d. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
e. You may not include in your member profile your last name, social security numbers, telephone numbers or street addresses. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites.
g. You understand that FEGN has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
i. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. FEGN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
j. It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. FEGN does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that FEGN is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
5. Unsolicited Creative Submissions/ Communications FEGN does not accept or consider creative ideas, suggestions or materials other than those FEGN has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by FEGN or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed "Content", will be subject to Paragraph 3 above, and shall remain the property of FEGN. None of the Information shall be subject to any obligation of confidence on the part of FEGN and FEGN shall not be liable for any use or disclosure of any Information. FEGN shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
6. Copyrights and Copyright Agent. FEGN respects the rights of all copyright holders and in this regard, FEGN has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions ("repeat offenders"). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FEGN's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FEGN to locate the material;
- Information reasonably sufficient to permit FEGN to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under
the DMCA please contact:
Flash Games Entertainment Network.
Attn: Legal Dept.
211 S Hamilton Dr,
Beverly Hills, CA 90211
Upon proper receipt of this information from you ("notice") that substantially complies with all of the requirements above, We will investigate your claim and respond expeditiously. If We determine that the Material cited by you constitutes a copyright infringement, We will remove, or "take down" the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA.
Do not contact DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. For general inquiries about FEGN or the Sites, go to FEGN's online feedback section at http://www.fegn.com.
IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
7. User Disputes. You
are solely responsible for your interactions with other users. FEGN
reserves the right, but has no obligation to monitor communications
and any disputes between you and other users.
10. Hyperlinks. The appearance of Web sites or external hyperlinks on the Sites does not constitute endorsement by FEGN, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and FEGN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, FEGN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. As such, neither FEGN nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall FEGN assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, FEGN will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Web sites.
FEGN welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by FEGN, its affiliates, or any group or individual affiliated with FEGN. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without FEGN's prior written consent.
FEGN is not responsible for any incorrect or inaccurate Materials or Content posted on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites. FEGN is not responsible for the conduct, whether online or offline, of any users of the Sites. FEGN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. FEGN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites. Under no circumstances will FEGN be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites, any Materials or Content posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. FEGN cannot guarantee and does not promise any specific results from use of the Sites.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER FEGN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES EVEN IF FEGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12. U.S. Export Controls. Software from the Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.