Last Updated April 15, 2013
2. Permitted Use of the Websites
You may download or print portions of the content of the Websites, but not any significant portion of the content. You may use such downloads/print copies only for your own personal, non-commercial use. You may not remove the copyright and/or other proprietary notices located on any such content.
Your use of the Websites must be in accordance with all applicable laws.You acknowledge that you do not acquire any ownership rights in the Websites or any portions of their content from your access to or use of them.
3. Rights to Content
- Website Content. You acknowledge that Causely is responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Websites (other than content uploaded, posted, e-mailed, transmitted or otherwise made available by Authorized Users or Business Affiliates as permitted, respectively by the Authorized User Terms of Service and the Business Affiliate Terms of Service) (the “Website Content”).
- Copyrights, Trademarks and Other Proprietary Rights.You agree that Causely and its licensors own all rights, title and interest in the Websites and all Website Content (including, but not limited to, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Causely game client, and the Causely game clients and server software).All trademarks, service marks and trade names used in the Websites are owned by Causely or other respective owners.The entirety of the Website Content is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).The Websites may contain or reference patents, technologies, products or other proprietary rights of Causely, its third party vendors and other third parties.Nothing on the Websites should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Causely, any of its third party vendors or other third parties.
- Causely Names and Logos. The Causely and WeTopia names and logos and all other logos, service marks and trademarks made available through the Service are owned or licensed by Causely (the “Causely Marks”). You agree not to display or use in any manner any Causely Marks without Causely’s prior written consent.
- Feedback. By submitting ideas, suggestions, documents and/or proposals to Causely through emails or through our suggestion, feedback, wiki, forum or similar web pages (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Causely is not under any obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Causely shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) Causely may have something similar to the Feedback already under consideration or in development, and (v) you are not entitled to any compensation or reimbursement of any kind from Causely under any circumstances. In addition, the Websites may include various forums, blogs and chat features where you can post User Submissions, including observations and comments on designated topics. You acknowledge and agree that Causely cannot guarantee that other members will not use the ideas and information that you post. Therefore, if you have any ideas or information that you wish to keep confidential, do not post it on the Websites.
4. User Conduct
We do not allow unauthorized access (hacking) into the Websites. The use of deep-links, page scrapes, web crawlers, web robots, web scutters, spiders, wanderers, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with the Websites is prohibited.
We reserve all rights in the Websites and the Website Content not granted to you. Without limiting the foregoing, except as permitted above, you may not modify, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Websites or the content of the Websites (in whole or in part) for any purpose.Your use of the Websites does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Websites.
5. Additional Restrictions on Use
Cheating and Hacking. You agree that you will not, under any circumstances:
– Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service, any Causely game or Causely game experience (including any third-party game or game experience made available through the Service), or any portal or webpage that permits users to redeem credits issued through the Service, including the Causely Givingplace;- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Service, any Causely game or any Causely game experience;
– Modify or cause to be modified any files that are a part of the Service or any Causely game;
– Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Service or any Causely game environment; or (ii) the enjoyment of the Service or any Causely game by any other person;
– Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
– Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers or networks connected to the Service by any means other than the user interface provided by Causely, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service
Commercial Activities. Except as expressly provided in the Business Affiliate Terms of Service, you agree that you will not, under any circumstances:
– Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your user account) or access to or use of the Service;
– Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
– Use the Service, any Causely game, or any part thereof for any commercial purpose, including, but not limited to: (i) communicating or facilitating any commercial advertisement or solicitation, or (ii) gathering in-game currency, items or resources for sale; or
– Use the Service, any Causely game or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.
Unauthorized Use or Access. You agree that you will not, under any circumstances:
– Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any Causely game in any way not expressly permitted by the Authorized User Terms of Service;
– Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Service or that is in transit from or to the Service, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Service or any Causely game to store information about Causely game characters, elements or environments;
– Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
– Make any automated use of the Service, or take any action that imposes or may impose (in Causely’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Service;
– Bypass any robot exclusion headers or other measures Causely takes to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service or harvest or manipulate data;
– Use, facilitate, create, or maintain any unauthorized connection to the Service, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service; or (ii) any connection using programs, tools or software not expressly approved by Causely;
– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Causely game, or to obtain any information from the Service or any Causely game;
– Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
– Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– Solicit or attempt to solicit personal information from other users of the Service or any Causely game;
– Collect, harvest or post anyone’s private information, including, but not limited to, personally identifiable information (whether in text, image, video or any other form), identification documents; or
– Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
General. You agree that you will not, under any circumstances:
– Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
– Harm minors in any way;
– Impersonate any person or entity, including, but not limited to, Causely personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
– Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
– Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
– Violate any applicable local, state, national or international law or regulation; or
– Stalk or otherwise harass another person or entity.
The Websites may contain links to other websites or resources that are owned and operated by third parties (each a “Linked Website”).You acknowledge and agree that Causely is not responsible for the availability of such Linked Websites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available through such Linked Websites or for your use of them.You further acknowledge and agree that Causely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Linked Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITES, THE SERVICE AND ALL PRODUCTS ORDERED ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND Causely AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE.YOUR USE OF THE WEBSITES AND THE SERVICE IS SOLELY AT YOUR OWN RISK.FURTHERMORE, Causely AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE AVAILABILITY OF THE WEBSITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE OR THAT THE USE OF THE WEBSITES OR THE SERVICE WILL COMPLY WITH THE RULES OF ANY THIRD PARTY SOCIAL NETWORKING WEBSITE.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8. Exclusive Remedy
9. Limitations on Liability
11. Procedure for Making Claims of Copyright Infringement
Causely will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, title 17, United States Code, Section 512(c)(2) (“DMCA”).If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Websites or on sites linked to or from the Websites or in connection with the Service or the content, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for the Websites (identified below), which must contain the following elements: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; (c) a description of where the content that you claim is infringing is located on the Websites; (d) information sufficient to permit Causely to contact you, such as your physical address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Causely’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Agent for Notice of Copyright Claims Causely, Inc.
P.O. Box 55376
By telephone: 844-552-2873
By e-mail: firstname.lastname@example.org
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Websites or on sites linked to or from the Websites or in connection with the Service or content. All other inquiries directed to the Designated Agent will not be responded to.
12. Governing Law; Jurisdiction; Venue
The Websites and the Service can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Causely intends to announce such services or content in your country.Causely controls the Websites and the Service from its offices within the United States, and your data is stored in servers managed by Causely in the United States.Causely makes no representation that the Websites or the Service are appropriate, may be downloaded, or are available for use outside the United States.Access to the Websites and the Service where the content or access or use of the Websites or the Service are illegal is prohibited.Those who choose to access and use the Websites and the Service from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.
13. Miscellaneous Terms