From Starfleet Commander
Blue Frog Gaming, Inc. (“Company,” “we,” “us”) provides the Starfleet Commander game and related services (collectively, the “Game”) subject to and conditioned upon your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between Company and you, the Game player (“you”), with respect to your use of the Game and contains limitations on your right to use the Game. It is important that you read carefully and understand the terms and conditions of this Agreement. BY USING THE GAME, YOU AGREE TO THE USE LIMITATIONS IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE GAME.
We reserve the right at any time to:
Change the terms and conditions of this Agreement; Change the Game, including discontinuing any aspect of the Game; or Change any fees or charges for use of the Game.
Any changes we make will be effective immediately upon notice, which we may provide by any means, including by posting on the Game interface or email. Your continued use of the Game following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Materials. The Game is intended solely for entertainment and not for commercial use. The information and materials provided or made available through the Game (collectively, the “Materials”) are intended to enable and enhance your experience in playing the Game. The Materials are and remain our property. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials. You must retain all copyright, trademarks, and other proprietary notices on copied Materials, and any such copies are subject to the terms and conditions of this Agreement. By using the Materials, you agree to such terms and conditions.
Code of Conduct; Limitations on Use. General guidelines and rules for playing the Game can be found at http://www.bluefroggaming.com. In addition to abiding by those guidelines and rules governing Game play, while using the Game or Materials, your use is limited to not doing (at a minimum) any of the following, and you agree not to do (at a minimum) any of the following:
Restrict or inhibit any other visitor or member from using the Game (e.g., by means of “hacking” or defacing any portion of the Game); Use the Game or Materials for any unlawful purpose; Express or imply that any statements you make are endorsed by us; Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; or (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication; Engage in spamming or flooding; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; “Frame” or “mirror” any part of the Game; Use any robot, spider, site search/retrieval application or other device or process (i) to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Game or its contents, or (ii) to disrupt, violate, or circumvent the reasonable expectation of fair play of the Game; or Harvest or collect information about Game visitors or members.
You may purchase credits (“Credits”) online through the Game for use solely within the Game. You may exchange Credits for a time-limited subscription to certain enhanced experiences or services in the Game. You may also exchange Credits for virtual Game currency in the form of units of Resources (“Resources”). You may use Resources solely within the Game by exchanging it for certain products or services offered in the Game, including exchanging Resources with other Game users. YOU ACKNOWLEDGE THAT RESOURCES HAVE NO VALUE OUTSIDE THE GAME. YOU MAY NOT SELL, TRADE, OR OTHERWISE EXCHANGE RESOURCES FOR “REAL” MONEY OR ITEMS OF VALUE OUTSIDE THE GAME. We will store your Credits in connection with your account, and such Credits and Resources will be treated as Materials subject to this Agreement. Price and availability of Credits, Resources, or any other product or service are subject to change without notice.
Descriptions or images of products or services on the Game do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or images, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Submissions and Postings. Because we and our designees host wall postings, discussion boards, chat rooms, and other forums found on the Game and on the company's website (collectively, the “Forums”), we require certain rights in the materials you provide on the Forums in order to redistribute them on the Forums. By sending or transmitting to us suggestions, ideas, comments, or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the Game or forums, you grant us a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever (commercial or otherwise), without compensation to you. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
Forums. Our Forums are designed to facilitate communication between Game users and enhance your experience with the Game. Information on our Forums may be provided by our staff and other people connected with Company, but the majority is provided by other users of the Game, some of whom use anonymous screen names and are people not otherwise connected with Company. You acknowledge that people participating in the Forums may post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Game or Forums by third parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Company. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Game or Forums.
We have no obligation to monitor the Game or the Forums, or any Submissions or other materials that you or other third parties transmit or post on the Game or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Game and the Forums and the materials you transmit or post; to alter or remove any such materials (including without limitation any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Game or provide Game-related services properly; to protect ourselves and our affiliates, suppliers, agents and users; and to comply with legal obligations or governmental requests.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright (for example, materials posted by Company on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Game are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Game; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Game should be sent to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Ownership and Additional Restrictions on Use. The Game is owned and provided by Company in conjunction with others pursuant to contractual arrangements, and the Game and Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, modify, republish, upload, post, transmit, distribute, or otherwise use the Materials or other content or information available on or through the Game in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Game, as provided in this Agreement or as expressly authorized in writing by Company. You acknowledge that you do not acquire any ownership rights by using the Game or the Materials, including without limitation the virtual goods, virtual currency, or other virtual property appearing or originating in the Game and any other attributes associated with or stored by Company for your use of the Game. Company does not recognize any transfers of virtual goods, virtual currency, or other virtual property executed outside of the Game or the purported sale, gift, trade, or transfer of such virtual property outside the Game. YOU MAY NOT SELL VIRTUAL GOODS, VIRTUAL CURRENCY, OR OTHER VIRTUAL PROPERTY FOR “REAL” MONEY OR OTHERWISE EXCHANGE VIRTUAL GOODS, VIRTUAL CURRENCY, OR OTHER VIRTUAL PROPERTY FOR ITEMS OF VALUE OUTSIDE OF THE GAME.
The trademarks, logos, and service marks displayed on the Game (collectively the “Trademarks”) are the registered and unregistered trademarks of Company, Company’s licensors and suppliers, and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Company. Nothing contained on the Game should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company’s licensors or suppliers, or the third party owner of any such Trademark.
Access By Minors. Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”
Jurisdictional Issues. The Game is directed to individuals residing in the United States. We make no representation that Materials available on or through the Game are appropriate or available for use in other locations. Those who choose to access the Game from other locations do so on their own initiative and at their own risk, and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of the Game and/or the provision of any service or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or other product that we provide.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Game or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Game shall immediately cease, and you shall destroy all Materials obtained from the Game and all copies thereof.
Disclaimers. THE GAME, MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE GAME ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE), AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE GAME, MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE GAME WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVER(S) ON WHICH THE GAME IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE GAME, MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE GAME OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE GAME, MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE GAME ARE ENTIRELY AT YOUR OWN RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE GAME, MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE GAME, AND YOUR RELIANCE THEREON.
Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR FOR LOSS OR DAMAGE TO ELEMENTS RELATED TO THE GAME (E.G., YOUR GAME STATISTICS, GAME INVENTORY OR USER PROFILE INFORMATION), UNDER ANY THEORY (INCLUDING WITHOUT LIMITATION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF OR RELATING IN ANY WAY TO THE GAME, MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE GAME, OR ANY FORUMS, SUBMISSIONS, OR LINKED SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE FOREGOING IS TO STOP USING THE FOREGOING, AS APPLICABLE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, UNDER ANY THEORY (INCLUDING WITHOUT LIMITATION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US, IF ANY, DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification. You agree to indemnify, defend and hold Company and our directors, officers, employees, consultants, suppliers, agents and other representatives, harmless from and against any claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the “Code of Conduct; Limitations on Use” above; (b) any allegation that any Submissions or other materials you submit or transmit to us or in the Game infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Game.
Questions. The Game is provided by Blue Frog Gaming, Inc. If you have any questions, comments or complaints regarding this Agreement or the Game, feel free to contact us at email@example.com.
Notice for California Users. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regards to its principles of conflicts of law. You agree to submit to the jurisdiction of any State or Federal court located in the County of Summit, Ohio, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.