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TERMS OF USE
These terms of use apply to children using the Site, their parents or legal guardians (hereinafter “Parent” or “Parents”) who have consented to their child’s use of the Site and/or participation in the Program, and any other users of the Site. References to “you” or “your” indicate the child, the parents and all other users.
Terms of Use Agreement
Welcome to the web site of the Girl Gamer Squad program (the “Program”), located at _________________ (the “Site”). The purpose of the Site is to generate interest in the upcoming Princess Bride Game (the “Game”), being produced by Worldwide Biggies, Inc., set to be released in June 2008. This Site is operated by Yovia, LLC ( “Yovia,” “we,” “us” or “our”), a company that helps build communities online. These terms of use (the “Agreement”) govern use of the Site, including all of the information and services provided through or made available on the Site. By using this Site, you are agreeing to comply with and be bound by this Agreement as well as the Site’s privacy policy (the “Privacy Policy”) [insert live link to Privacy Policy], which is hereby incorporated by reference. You may decide to cease use of the Site at any time. These terms are binding upon all Site users. Parents who consent to their child’s use of the Site and/or participation in the Program are bound by this Agreement and are responsible to ensure that their child complies with the terms set forth herein.
The Program
The Program is designed to encourage girls, ages 9 to 16, to become part of a community around the Game and to generate feedback that will be used to improve the quality of the Game. The first girls to apply to become a member of the Program, and for whom we have received required parental permission, may be accepted into the Program. Only a limited amount of girls may be accepted in the Program. The Program may end at any time, although the Site may continue to operate if the Program ends.
Rights Granted to Yovia
Participants in the Program are encouraged, as part of the Program, to submit to the Site suggestions, recommendations, feedback, and other comments and material related to the Game (collectively, “Game Experience Information”). Such Game Experience Information may also consist of artwork, essays, testimonials, pictures, photographs, and drawings. Children may also participate in activities such as blogs in certain areas of the Site (“Child Discussions”). By agreeing to these Terms of Use, you are granting all right, title and interest in Child Discussions and Game Experience Information to Yovia and its designees for their use for any purpose in any medium.
Additional Terms
From time to time, we may require that you agree to additional terms and conditions in order for you to utilize certain features or functions offered on the Site, such as contests or games. Such additional terms and conditions are incorporated herein by reference.
Third Party Links
From time to time, this Site may contain links to other web sites controlled by third parties. These links are for your convenience and information only and we are not responsible for the systems, content or information contained on those sites, nor are we necessarily endorsing any such sites. This Site may also contain links to other sites operated by Yovia. While we are responsible for the operation of such sites, please be careful to check the terms of use and privacy policies applicable to such sites, as they vary depending on the nature and services of each site, and who is entitled to access them.
Acceptable Use
You may only use the Site for your personal use and only for lawful, legitimate purposes. You agree to comply (and have your child comply) with all applicable laws, regulations, statutes, and ordinances in connection with your use of the Site. You and your child agree not to provide any material to the Site that invades, infringes or violates some other person’s rights. You agree not to copy or download any material from this Site except where it is specifically stated on the Site that such copying or downloading is permitted (and that permission is limited and does not constitute permission to use the images in any context or otherwise outside the Program or use of this Site). You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Any conduct that would violate this Agreement is prohibited.
Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION AND SERVICES CONTAINED ON, PROVIDED THROUGH OR OBTAINED FROM, THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOVIA DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM INACCURACIES, TYPOS, BUGS, DEFECTS, OR ERRORS, VIRUSES, HARMFUL COMPONENTS OR BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT ANY SUCH INACCURACIES OR DEFECTS, FOR EXAMPLE, WILL BE CORRECTED. YOVIA RESERVES THE RIGHT TO CHANGE THE SITE AT ANY TIME, IN ITS DISCRETION. YOVIA HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SITE, ITS SERVICES AND CONTENT, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF THE SITE. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SITE ITSELF AND ARE INCORPORATED HEREIN BY REFERENCE.
Limitation of Liability
IN NO EVENT SHALL YOVIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF (OR INABILITY TO USE) THIS SITE, OR ANY INFORMATION, SERVICE, OR MATERIAL PROVIDED ON, IN OR THROUGH THE SITE, EVEN IF YOVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND INCLUDING, WITHOUT LIMITATION CLAIMS ARISING FROM YOVIA’S NEGLIGENCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU OR YOUR CHILD MAY HAVE AGAINST YOVIA FROM LOSSES OR DAMAGES YOU OR YOUR CHILD SUSTAIN IN CONNECTION WITH YOU OR YOUR CHILD’S USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Intellectual Property
All rights in all images, artwork, characters, trademarks and other intellectual property related to the Princess Bride movie and Game are retained by the movie and Game producers, as the case may be. Except with respect to the movie or Game, as between you and Yovia, Yovia retains all intellectual property rights with respect to the Site. All Site content on or made available through the Site, including, but not limited to, copyrights, trade names, trademarks, service marks, text, graphics, interfaces, code, information, databases, technology, and other intellectual property and proprietary rights therein (collectively, the “Content”), is the sole and exclusive property of Yovia, its affiliates or Yovia licensors. Yovia, LLC holds the copyright to the compilation, collection, selection and arrangement of the Site Content. 2007-2008 © Yovia, LLC. All Rights Reserved.
Monitoring
Yovia may, but does not have the obligation to, monitor use of the Site.
Termination
Yovia reserves the right to suspend and/or terminate your access to the Site and/or its services at any time, without notice or liability. Termination of your access shall not affect or terminate the rights granted to Yovia by you or on your behalf.
Users in the United States
This Site is directed at and intended to be used only by girls ages 9 to 16 and their parents and guardians who are located within the continental United States, Alaska and Hawaii.
Privacy Policy
Yovia recognizes the importance of protecting the privacy of information we may collect from you and your children. The manner in which we handle information submitted by you through your use of the Site is addressed in the Privacy Policy on the [insert live link to privacy policy] page.
Indemnification
To the maximum extent allowed by applicable law, you agree to indemnify, and hold harmless Yovia, its affiliates and their respective directors, officers, employees, and agents (the “Indemnified Parties”), from and against any losses, costs, expenses, fees, judgments and attorneys fees (“Costs”) incurred by any of the Indemnified Parties as a result of your (or your child’s) use of the Site or violation of this Agreement. Yovia shall have the right to control the defense and settlement of any third party claim against any of the Indemnified Parties that is subject to such indemnification (and shall be entitled to recover from you the Costs incurred by Yovia in connection therewith), and you shall fully cooperate at your cost in connection therewith.
General
This Agreement (including the Privacy Policy) shall, for all purposes, be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in Duval County, Florida, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. To the extent permitted by law, you hereby waive any right to combine any claim you may have against Yovia or its affiliates with the claims of others. If any provision of this Agreement is held to be invalid or unenforceable such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall remain in effect. Yovia’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent and/or similar breaches. Nothing in this Agreement shall limit Yovia’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Yovia with respect to such use.
Change of Site
Yovia may change this Site at any time, including services and Content made available thereon, in whole or in part, at any time. You are free to decline to continue to use the Site at any time by exiting the Site and not returning to use it further.
Modification of Agreement
Yovia may modify this Agreement at any time, and shall post the effective date of the revised version of the Agreement below. With respect to any material changes in this Agreement, we will post a notice on the home page of the Site regarding the change. Your continued use of the Site after the effective date of such change constitutes your acceptance to the changes.
Questions or Concerns
Please contact us at girlgamersquad@yovia.com with any questions or concerns you have about the Site. SGRJAX\125749.2
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