Thank you for your interest in PhoozL® (“PhoozL” or “Phoozl”). Phoozl owns and operates website properties located at www.phoozl.com and elsewhere on the Internet (collectively referred to as the “Sites”), and also provides software applications for Facebook and other platforms, including Phoozl’s Alphabetography Photo Challenge and for downloadable applications from the App Store (the “Apps”). The Sites and Apps, together with any other products and services provided by Phoozl, are collectively referred to as the “Phoozl Service.”
1. Your Acceptance
2. The Phoozl Service
3. Website Access
A. The Phoozl Service hereby grants you permission to use the Phoozl Service as set forth in this Terms of Service, provided that: (i) your use of the Phoozl Service as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Phoozl Service in any medium without Phoozl’s prior written authorization; (iii) you will not alter or modify any part of the Phoozl Service other than as may be reasonably necessary to use the Phoozl Service for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Phoozl Service, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Phoozl immediately of any breach of security or unauthorized use of your account. Although the Phoozl Service will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Phoozl Service or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Phoozl Service in a manner that sends more request messages to the Phoozl Service servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, the Phoozl Service grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Phoozl Service reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Phoozl Service, nor to use the communication systems provided by the Phoozl Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Phoozl Service with respect to their User Submissions.
4. Online Content
“Content” is defined herein as the software, communications, images, sounds, and all the material and information you encounter through the Phoozl Service. The Phoozl Service, the users, our affiliates, and our independent content providers provide most of the Content on the Phoozl Service. The Phoozl Service does not pre-screen Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Phoozl Service.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Phoozl Service. Content standards may vary depending on where you are on the Phoozl Service, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If it is inappropriate in the workplace, don’t post it on our message boards or chat rooms.
The Phoozl Service representatives may monitor your communications on the Phoozl Service. But we cannot monitor all of the Content on the Phoozl Service, and we do not attempt to do so. If you encounter something you don’t want to see, you can report it to the Phoozl Service. The Phoozl Service does not endorse, approve, or prescreen any Content that you or other users communicate on the Phoozl Service. The Phoozl Service does not assume any responsibility or liability for Content that is generated by users or other guests on the Phoozl Service. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. The Phoozl Service does not assume any liability for any failure to remove, or any delay in removing Content.
5. Online Conduct
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Phoozl Service. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of the Phoozl Service and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of the Phoozl Service and for all of your communication and activity in using the Phoozl Service, including any Content you contribute, and that you will indemnify and hold harmless Phoozl, the Phoozl Service, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on the Phoozl Service, including any Content that you contribute.
You will violate the Terms of Service if you (or others using your account) do any of the following:
— Post, transmit, promote, or distribute Content that is illegal.
— Harass, threaten, embarrass, or do anything else to another user or guest that is unwanted. This means: do not say bad things about them, do not send them unwanted messages, do not attack their race, gender, sexual orientation, religion, heritage, disability, etc. If you disagree with someone, respond to the subject, not the person.
— Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
— Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
— Impersonate another person (including celebrities), indicate that you are a Phoozl Service employee or a representative of the Phoozl Service, or attempt to mislead users by indicating that you represent the Phoozl Service or any of its partners or affiliates.
— Attempt to get a password, other account information, or other private information from a Member or any other user on the Phoozl Service.
Upload any software or Content that you do not own or have the legal right to freely distribute.
— Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
— Upload files that contain a virus or corrupted data.
— Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of the Phoozl Service.
— Improperly use in game support or complaint buttons or make false reports to the Phoozl Service.
— Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
You may not modify any part of the Phoozl Service that the Phoozl Service does not specifically authorize you to modify.
You must obey all applicable laws, regulations and rules wherever you are on the Phoozl Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Phoozl Service. We will cooperate with law enforcement in such matters.
You may not post or communicate any player’s real-world personal information within the Phoozl Service.
You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Phoozl Service.
You will not exploit any bug in the Phoozl Service or in any Phoozl Service product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Phoozl Service.
You will not do anything that interferes with the ability of other Service users to enjoy playing a game at the Phoozl Service and using the Phoozl Service, in accordance with its rules, or that materially increases the expense or difficulty of the Phoozl Service in maintaining the Phoozl Service for the enjoyment of all its users.
If you encounter another user of the Phoozl Service who is violating any of the Rules of Conduct described above, please report them.
The Phoozl Service does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Phoozl Service or playing any game. This includes the exchange of points or virtual items on services including eBayTM or Yahoo!TM Auctions. We don’t assume any responsibility for, and do not support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES!
THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, THE PHOOZL SERVICE MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE PHOOZL SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE(S) FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT THE PHOOZL SERVICE MAY HAVE MADE.
6. Public Nature of Communications
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, forums, and any other avenues of communication on the Phoozl Service are public and not private communications, and that you have no expectation of privacy concerning your such use of the Phoozl Service. You acknowledge that personal information that you communicate on the Phoozl Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on the Phoozl Service. Neither Phoozl nor the Phoozl Service is not liable for information that you choose to communicate to other users on the Phoozl Service, or for the actions of other users.
By communicating within the Phoozl Service, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant the Phoozl Service permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Once you post or send any Content to the Phoozl Service, you expressly grant the Phoozl Service a royalty-free, irrevocable, perpetual, worldwide, NON-EXCLUSIVE license to to reproduce and display the Content in any form, anywhere, with or without attribution to your screen name in the Phoozl Service ‘s discretion, and without any notice or compensation to you of any kind.
By communicating within the Phoozl Service, you agree to defend, indemnify and hold Phoozl, the Phoozl Service, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
7. Intellectual Property Rights
The Phoozl Service does not claim ownership of Content you submit or make available for inclusion on the Phoozl Service. Legally, ownership of the submitted files is maintained by you at all times. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Phoozl Service, you grant the Phoozl Service the following worldwide, royalty-free and non-exclusive license(s), as applicable:
8. User Submissions
A. The Phoozl Service may now or in the future permit the submission of photos, videos and sound files or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Phoozl Service does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant PhoozL a NON-EXCLUSIVE, royalty-free, irrevocable, perpetual, worldwide license to reproduce and display your submissions, and any related content submitted by you, in connection with this site and the Phoozl Service.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Phoozl Service to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Phoozl Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Phoozl Service and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Phoozl Service, you hereby grant the Phoozl Service a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display content to other users and visitors. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Phoozl Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Phoozl Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Phoozl Service all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Phoozl Service or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. The Phoozl Service does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Phoozl Service expressly disclaims any and all liability in connection with User Submissions. The Phoozl Service does not permit copyright infringing activities and infringement of intellectual property rights on its Sites, and the Phoozl Service will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. The Phoozl Service reserves the right to remove Content, Close accounts and User Submissions without prior notice. The Phoozl Service will also terminate a User’s access to its Sites, if they are determined to be an infringer. The Phoozl Service also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Phoozl Service may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) 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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) A statement that you have 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 (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. You understand that when using the Phoozl Service, you will be exposed to User Submissions from a variety of sources, and that the Phoozl Service is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Phoozl Service with respect thereto, and agree to indemnify and hold the Phoozl Service, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE PHOOZL SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOOZL, THE PHOOZL SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PHOOZL SERVICE AND YOUR USE THEREOF. THE PHOOZL SERVICE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PHOOZL SERVICE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE PHOOZL SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PHOOZL SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PHOOZL SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PHOOZL SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOOZL SERVICE. THE PHOOZL SERVICE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PHOOZL SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE PHOOZL SERVICE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL PHOOZL, THE PHOOZL SERVICE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PHOOZL SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PHOOZL SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PHOOZL SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PHOOZL SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE PHOOZL SERVICE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Phoozl Service is controlled and offered from its facilities in the United States of America. The Phoozl Service makes no representations that the Phoozl Service is appropriate or available for use in other locations. Those who access or use the Phoozl Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless the Phoozl Service, its parent entity (Phoozl), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Phoozl Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Phoozl Service. You agree to defend, indemnify and hold harmless the Phoozl Service, its parent entity (Phoozl), officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: the Phoozl Service or its third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of your digital property and/or documents, and/or any and all of your User submissions. The Phoozl Service is a platform designed for storage and sharing of files, users are responsible to always maintain an original copy of any submitted file in case of a complete loss.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Phoozl Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Website at any time or in any manner without the involvement of a parent or guardian.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Phoozl Service without restriction.
You agree that the Phoozl Service shall be deemed a passive website that does not give rise to personal jurisdiction over the Phoozl Service, either specific or general, in jurisdictions other than it’s actual location. These Terms of Service shall be governed by the internal substantive laws of the State of the Phoozl Service’s actual location, without respect to its conflict of laws principles. Any claim or dispute between you and the Phoozl Service that arises in whole or in part from the Phoozl Service shall be decided exclusively by a court of competent jurisdiction located in Albemarle County, Virginia. These Terms of Service, together with the Privacy Notice and any other legal notices published by on the Phoozl Service, shall constitute the entire agreement between you and the Phoozl Service concerning the Sites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Phoozl Service’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Phoozl Service reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Phoozl Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE PHOOZL SERVICE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PHOOZL SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. User Awards, Reward, and Payments
You agree that:
(1) the Phoozl Service has no obligation to submit prize payments as well as other rewards to you. Points, prizes, rewards, money payments are not guaranteed. These are intended as an incentive when the Phoozl Service finds it possible to render payment to user. The reward is subject to change at any time without notice in the sole discretion of the Phoozl Service.
(2) the Phoozl Service reserves the absolute right not to pay any reward, weekly prize, contest prizes under any circumstance. Payments are due solely to the discretion of the Phoozl Service. Prizes and payments are not guaranteed.
16. Commercial Activity and Unsolicited E-mail
You may not advertise any goods or services on the Phoozl Service without express permission from the Phoozl Service. Chain letters and pyramid schemes are expressly prohibited. You may not use any area of the Phoozl Service to collect information, including login names, about the Phoozl Service users, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit the Phoozl Service, or any games or services offered on the Phoozl Service for any commercial purpose. Any violation of these provisions can subject your use of the Phoozl Service to immediate termination and to further legal action.
17. Use of Machines, Computers, Scripts
The use of machines, computers, scripts or any automated system on the Phoozl Service is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play games on the Phoozl Service with one type, version or copy of browsing software application at any one time. The Phoozl Service may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by the Phoozl Service are final.
18. Export Control Laws
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Phoozl Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
19. User’s Computer Information
When you connect to the Phoozl Service, we may retrieve information from the computer used to log onto the Phoozl Service about the computer’s hardware system and any data related to the computer’s use of the Phoozl Service.
20. Links to Third-Party Sites
The Phoozl Service may include hyperlinks to websites operated by parties other than the Website including advertisers and other content providers. Those sites may collect data or solicit personal information from you. The Phoozl Service does not control such websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
21. Additional Terms and Conditions for Specific Games
When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, the Phoozl Service will be the final and sole arbiter of any such inconsistencies.
22. Limitations on Warranty and Liability
YOU EXPRESSLY AGREE THAT THE USE OF THE PHOOZL SERVICE AND THE INTERNET IS AT YOUR SOLE RISK. THE PHOOZL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE PHOOZL SERVICE PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PHOOZL SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE PHOOZL SERVICE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE PHOOZL SERVICE OR ITS LICENSORS IS TO STOP USING THE PHOOZL SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE PHOOZL SERVICE, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE PHOOZL SERVICE OR USE OF THE PHOOZL SERVICE. IN NO CASE SHALL THE PHOOZL SERVICE OR ITS SUBSIDIARIES’, LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE PHOOZL SERVICE. IN NO CASE SHALL THE PHOOZL SERVICE OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PHOOZL SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PHOOZL SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE PHOOZL SERVICE’S AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE PHOOZL SERVICE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE PHOOZL SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
23. Other Legal Terms
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The laws of the State of Virginia, excluding its conflicts-of-law rules, govern this Agreement and your use of the Phoozl Service. You expressly agree that exclusive jurisdiction for any claim or dispute with the Phoozl Service or relating in any way to your use of the Phoozl Service resides in the courts of Albemarle County, Virginia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving Phoozl, the Phoozl Service or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
These Terms & Conditions were last updated on January 17, 2013.