FREAKY PETS END USER LICENSE AGREEMENT & TERMS OF SERVICE
Last updated: 09/03/2010
Be sure to read and understand all of the rights and restrictions described in the current End User License Agreement ("EULA"). You cannot copy, use, access or play Freaky Pets unless or until you accept the terms of this EULA. By clicking "I Agree" on the button below, you represent that you are an adult in your country of residence, and you signify that you agree to this EULA (which constitute a binding legal agreement) on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have affirmatively authorized to play the Game (as defined below). If you do not agree to this EULA, click "CANCEL" and DO NOT set up, or authorize your minor child to set up, an account, purchase a subscription, or otherwise use the Game.
This EULA is a legal agreement between the individual end user customer ("you") and Abandon Interactive Entertainment, LLC ("Abandon," "we" or "us"), a corporation organized under the laws of the State of New York, United States of America, for Freaky Pets, which include(s) the software to be installed on your personal computer and/or mobile device (such as a cellular phone) (the "Client"), printed materials, plush toy (if any) and any other physical item allowing access to Freaky Pets, "online" or electronic documentation, and remote access to the Abandon (or its designees') server software and related online virtual world (the "Server") for such game (collectively, the "Game"). The Software, plush toy (if any), and Server are sometimes referred to in this EULA and the Code of Conduct as the "Software." The Game includes updates and supplements, if any, to the original Software which we may from time to time provide or make available to you in our sole and absolute discretion. By accepting this EULA where indicated or installing, copying, using, accessing or playing the Game, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install, copy, use, access or play the Game, in which case you should contact your place of purchase regarding its return policy for the applicable product. A copy of this EULA may be obtained from http://freakyPets.com/EULA_TOS.
The Game is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Game is licensed to you, not sold, pursuant to the terms and conditions of this EULA and the other documents referenced herein.
1. To play the Game, you must have (a) the Client which is accessed via the internet using a web browser and installed in your web browser’s cache (which must conform to the minimum specification requirements determined by Abandon); (b) a plush toy access code (plush toy must be separately obtained) (or authorized free access) through Abandon or our authorized distributors or service providers; and (c) a suitable connection to the Internet (not provided by Abandon) to connect to the Server. You are responsible for all charges and costs you incur in order to access the Server and play the Game, including, without limitation, any fees for purchase of virtual items within the Game and charges for Internet and telecommunications connections. Any use by you of the Game shall be subject to the terms and conditions of the Privacy Policy which is posted at http://freakyPets.com/privacy_policy and incorporated herein by this reference.
2. Upon obtaining access via authorized plush toy code or via free authorized entry,, this EULA grants you a non-exclusive, non-transferable, revocable, limited term license solely to use the Software to play the Game, subject to the terms and conditions of this EULA, the Code of Conduct (which is provided below and incorporated herein by this reference) and the Terms of Service which is posted at http://freakyPets.com/EULA_TOS and incorporated herein by this reference. You may not modify, distribute, transmit, display, perform, reproduce (except for one archival and backup copy as permitted by applicable laws), publish, license, create derivative works from, adapt, translate, sublicense, auction, rent, lease or sell the Software or any part of the Game. You may not use the Software for a fee or on a pay-for-play basis, by means of sharing accounts with multiple users or otherwise. Notwithstanding the foregoing, if you are the proprietor of an Internet café or gaming room, you may operate the Software in a pay-for-play environment, provided that (a) all accounts provided are the result of validly acquired plush toy codes having been purchased at a retail store or other similar provider, and (b) each end user player has a valid online services account for access to the Server (or authorized free trial access) through Abandon or our authorized distributors or service providers, which is not shared by other players. In addition, you may not reverse engineer, decompile or disassemble any part of the Game. All rights not expressly granted are reserved by us.
3. We reserve the right to transfer or cease the operation of the Game at any time or to terminate your license to the Software and your access to the Game at any time, without notice or refund, for any reason whatsoever, including without limitation, as a result of your breach of this EULA, the Code of Conduct, or the Terms of Service, if we are unable to verify or authenticate any information you provide to us, or if we discontinue offering the Game.
4. Abandon reserves the right to modify and update this EULA at any time provided that it gives notice to you of any changes via e-mail and/or by posting the amended EULA on http://FreakyPets.com/EULA_TOS. Such modifications and updates shall be effective upon your first use of the Game after Abandon notifies you and makes them available for your review. Your continued use of the Software or Game after your receipt of notice that a change or update has been made to this EULA will constitute your acceptance of such change or update.
5. To access the Game, you will be required to choose names for the characters you develop. Your character name may not be contrary to the Code of Conduct or Terms of Service and may not violate anyone's rights. Certain character names may be banned by Abandon (or its licensees or licensors) from time to time. You acknowledge and agree that Abandon has the right, without any compensation or credit to you, to post and display your character name(s) and descriptions of your in-game activities within the Game or on Game-related websites and bulletin boards and in our marketing and publicity efforts for any reason, including, without limitation, in the event your access to the Game is suspended or terminated for a violation of this EULA, the Terms of Service or the Code of Conduct or to describe your character's adventures and experiences.
6. As part of your Game experience, you may be able to input language and upload content to the Game, our servers and similar areas which allow you to communicate with others in various forms, such as in the selections you make for playing the Game (for example, character names, in-game (text or voice) conversations, broadcast announcements, etc.) and in chat channels (text or voice), and to create and modify your user interface, characters, character names, game play and the like (collectively, the "Content"). Subject to the terms and conditions of this EULA and the Terms of Service, any intellectual property rights in and to any Content created by you ("User-Generated Content") shall be retained by you. User-Generated Content must not: (a) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any person or entity; (b) be profane, obscene, indecent or violate any law or regulation; (c) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (d) incite discrimination, hate or violence towards one person or a group because of their race, religion, nationality, ethnicity, sexual orientation or gender, or insult the victims of crimes against humanity by contesting the existence of those crimes; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; or (f) restrict or inhibit any other user from using and enjoying the Game. We have no obligation to monitor User-Generated Content related to the Game and disclaim all liability with respect thereto. However, we reserve the right to review User-Generated Content (including, without limitation, text and voice chat) and take any action we deem necessary as to such User-Generated Content, including, but not limited to, editing or removing User-Generated Content or suspending or terminating your access to the Game. With respect to any User-Generated Content, you hereby grant to Abandon, its successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the User-Generated Content, all modified and derivative works thereof, all portions and copies thereof in any form and format, and in and on whatever medium, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, or to incorporate the same in other works in any form, media, or technology now known or later developed, for all purposes, including, without limitation, news, advertising, promotional marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. To the extent permitted under applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the User-Generated Content. In furtherance of the foregoing, you hereby agree to execute any and all agreements or other written instruments which may be required by applicable law to give full effect to the above license or waiver, as may be applicable.
7. Except as expressly permitted by Abandon by written notice (and in such event in accordance with Abandon's specified restrictions and guidelines), you may not use any third-party software to change game play in the Game. The Game may be played only through authorized Servers maintained by Abandon or its subcontractors. You may not create or provide any other means through which the Game may be played by others, including, without limitation, through server emulators (which emulate or contain unauthorized copies of the Server). You may not take any action which imposes an unreasonable or disproportionately large load on our servers or other infrastructure.
8. All right, title, and interest, including, copyrights and other intellectual property rights in and to the Game and Content (excluding User-Generated Content, but including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Game by us or our suppliers and character data), the accompanying printed materials, and any copies and derivative works thereof, are owned by Abandon or its licensors. If we provide you documentation only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. Except as expressly permitted by Abandon in writing (and in such event in accordance with Abandon's specified restrictions and guidelines), you may not transfer, buy, sell, or auction (or offer, host, or facilitate the ability of others, to transfer, buy, sell, or auction), share, or otherwise commercially exploit, the Software or any part of the Game, account, password, characters, housing, items, credits, currency or coin or any other virtual in-game items or copyrighted, trademarked or patented material contained in or generated by the Game. Abandon may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or Content (other than User-Generated Content) contained in the Game.
9. You agree that we may communicate with you via the email address you provided in obtaining your subscriber account regarding any subject related to the Game (or any updates, expansion packs or sequels of the Game), this EULA or related agreements. In order to provide you with patches and updates to the Software, you agree that we may upload necessary information from your computer and computing devices, and may download the patches and updates onto your computer and computing devices. If you request any technical support from us, and we need to look at the contents of your computer or computing devices to help you, you agree to allow such access to your computer and computing devices. You understand that we may release updates, expansion packs, and sequels of the Game at any time without incurring any obligation to furnish such releases to you pursuant to this EULA. This EULA does not entitle you to any subsequent releases of the Game without paying applicable charges.
10. Intentionally deleted
11. As further set forth in the Privacy Policy referenced in Section 1 above, you agree that Abandon (or its designees) may collect personal information from you for purposes related to your use of Abandon products and services and that some personal information you provide to Abandon (or its designees) may be stored outside of the country in which you reside.
12. THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABANDON AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS, DISTRIBUTORS, SUBLICENSEES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS (COLLECTIVELY, THE "ABANDON PARTIES"), DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO THE SOFTWARE AND THE GAME.
13. ABANDON DOES NOT WARRANT THAT ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS THE GAME AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE GAME WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
14. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OR ALL ABANDON PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF SERVICE, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS), INCLUDING, WITHOUT LIMITATION, LOSSES ARISING OUT OF OR IN CONNECTION WITH THE GAME, OR THE PROVISION OF OR FAILURE OR DELAY TO PROVIDE SERVER ACCESS OR RELATED SUPPORT SERVICES OR LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, EVEN IF ABANDON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ABANDON PARTIES’ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE, UNDER ANY PROVISION OF THIS EULA WILL BE LIMITED TO THE GREATER OF THE FEE FOR ONE MONTH OF ACCESS TO THE SERVER AND U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. IN ADDITION, THE ABANDON PARTIES DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER ABANDON NOR THE OTHER ABANDON PARTIES WILL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT YOU MAY EXPERIENCE WHEN YOU USE THE SOFTWARE. NEITHER ABANDON NOR THE OTHER ABANDON PARTIES WILL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SOFTWARE.
16. YOU PROMISE THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST ANY ABANDON PARTY, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU “OWN” ANY VIRTUAL GOODS IN THE GAME, (II) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS IF ABANDON DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS EULA, THE GAME’S CODE OF CONDUCT, ABANDON’S TERMS OF SERVICE AND/OR ABANDON’S PRIVACY POLICY (ALL OF WHICH ARE POSTED AT A LINK AT WWW.FREAKYPETS.COM), (III) A CLAIM FOR THE “VALUE” OF VIRTUAL GOODS THAT YOU MAY LOSE IF ABANDON DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS EULA, THE GAME’S CODE OF CONDUCT, ABANDON’S TERMS OF SERVICE AND/OR ABANDON’S PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR “BUGS” IN THE GAME, AND/OR (IV) A CLAIM THAT THE “VALUE” OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT ABANDON HAS MADE OR WILL MAKE. ALL OF THE ABOVE APPLIES WHETHER ON AN EXCHANGE ENABLED SERVER OR ON A NON-EXCHANGE ENABLED SERVER.
17. The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. 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.
18. This EULA is governed by the laws of the United States of America and the State of New York and the parties consent to exclusive jurisdiction and venue in the federal courts sitting in New York County, New York, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in New York County, New York. If the Software was acquired outside the United States, then certain provisions of local laws may be required to apply, and in such an event such laws will affect this EULA only to the extent required by such jurisdiction and this EULA will be interpreted to give maximum effect to the terms and conditions hereof. Those who choose to access the Server from locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
19. You agree to indemnify and hold the Abandon Parties harmless from and against any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the Game, and/or any violation by you of this EULA. Abandon’s rights and remedies shall be cumulative and none of them shall be in limitation of any other right or remedy. Your rights and remedies in the event of any breach by Abandon of this EULA shall be limited to your right, if any, to recover money damages at law, and in no event shall you be entitled to enjoin or restrain the distribution or exhibition of the Game or any product or derivative of product of any kind based upon or adapted from the Game, or the use, publication or dissemination of any advertising in connection therewith.
20. This EULA, including the documents expressly incorporated by reference, and all updates to the same constitute the entire agreement between you and Abandon with respect to the Game, and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Abandon with respect to the Game. You represent that you have not relied on any such communications in choosing to enter into this EULA. A printed version of this EULA and of any notices given or made available to you in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Abandon's failure to enforce at any time any of the provisions of this EULA or related agreements will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Abandon of any provision, condition or requirement of this EULA or related agreements will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Abandon will be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Abandon.
22. All notices given by you or required under this EULA must be in writing and addressed to: Attn: Freaky Pets EULA, Abandon Interactive Entertainment, LLC, 680 Route 211 East, Suite 3B - 308, Middletown, NY 10941
23. If any part of this EULA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this EULA will continue in effect.
24. We may assign this EULA, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense this EULA or any of your rights or obligations hereunder.
25. Notwithstanding anything in this EULA to the contrary, you hereby acknowledge that Abandon's direct and indirect licensors and publishers are third-party beneficiaries of this EULA and have the right to bring an action directly against you for a breach of this EULA to the extent required to enforce their respective rights in the Game.
26. All services relating to the Game for which you subscribe are offered by Abandon or its subcontractors. Our support website is http://freakypets.com/knowledgebase.
27. Warning concerning the risks of epileptic seizures and the precautions to take when using a video game. Certain individuals may experience epileptic seizures or loss of consciousness when viewing certain kinds of flashing lights or patterns that are commonly present in our daily environment. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. This may be experienced by persons who have no adverse antecedent medical history or which have never experienced seizures in the past. If you have experienced symptoms linked to an epileptic condition (seizure or loss of awareness) in the presence of light stimulations, consult your physician before using any video games. In any case, the following rules should be complied with when using a video game: (a) avoid playing if you are tired or if you lack sleep; (b) ensure that you are playing in a well lit room; and (c) when playing, take ten to fifteen minute breaks every hour.
28. The Software is a "commercial item" if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.
29. The parties hereto have requested that this EULA and the Code of Conduct, and all correspondence and all documentation relating to this EULA and the Code of Conduct, be written in the English language.
CODE OF CONDUCT
The Code of Conduct governs player behavior while playing Freaky Pets (the "Game") operated by Abandon Interactive Entertainment, LLC ("Abandon") and participating on the Game Website http://freakyPets.com/code_of_conduct, including the forums. The Code of Conduct is designed to make everyone's game experience as enjoyable as possible. Failure to follow the Code of Conduct may result in the suspension or termination of your Game account without refund (if applicable).
1. While participating in the Game or on the Game Website you must respect the rights of others to play and enjoy the Game world as intended by Abandon.
2. You may not communicate any player's real-world information through the use of the Game Website, Game client or server software or any other means.
3. You may not use or distribute sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language (including, by way of example, but not limited to, ethnic slurs and religious epithets), content, character names, titles, descriptions, or in-game labels (including, by way of example, but not limited to, offensive or inappropriate guild names, pet names and inscriptions).
4. While playing the Game or participating in related services, you may not exhibit or partake in behavior that is disruptive to the Game's normal playability, causes grief or alarm to other players, or degrades the service performance or other players' client software (for example, deliberately using game bugs or loopholes to disrupt the game or dropping excessive items).
5. You may not spam or flood with multiple posts the Game chat or the Game Website features.
6. You may not impersonate any Game Support Staff member or other Abandon employee, past or present.
7. You may not violate any local, state, national, or international laws or regulations.
8. You may not market, promote, advertise, or solicit products or services within the Game or Game Website.
9. You may not modify the Game client, server or any part of the Game Website.
10. You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling, buying, transferring or sharing access to any Game account.
11. You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling or buying of Game items for real-world monetary values or other consideration.
12. While participating in the Game, both in-Game and through the official Game Website, you will follow the instructions and guidelines of authorized Game support staff at all times.
13. You may not form or participate in groups whose ideology is based upon or resembles anti-religious, anti-ethnic, anti-sexual orientation, nationalistic, racist or sexist philosophies.
14. You may not intentionally hide or falsify personal information that is deemed necessary for Game account or website account creation.
15. You may not upload or transmit copyrighted material to any aspect of the Game or related services without the express consent of the copyright holder.
16. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Game or related services.
17. You will not exploit, distribute or publicly communicate any Game error, miscue or bug which gives an unintended advantage within the Game world. You may report bugs at http://freakypets.com/knowledgebase.
18. You may not create, post, use or distribute any utilities, emulators or other third party software tools without the express written permission of Abandon (including, without limitation, macroing programs, botting programs, server emulators, client hacks, map hacks, and data gathering utilities).
19. You may not harass other players or Abandon staff, including by way of example, but not limited to, threats, stalking or abuse of others.
20. You may not post website links or URLs in the Game that point to content deemed by Abandon to be inappropriate, including, without limitation, any website links or URLs directed to other commercial products or services. You may not post website links or URLs to any materials (including software and other information) that could harm (or is designed to harm) other players' computers or would allow others to inappropriately access software or websites.
21. You may not use the Game or related services for illegal activities. Abandon is not responsible for anything you say (text or voice) in-game or in our chat rooms or forums, or for any consequences that arise from what you say. If you break the law, you alone will be responsible for the consequences.
22. You may not conduct surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
23. You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
24. You may not post or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other users' computer.
25. You may not advertise or offer to sell or buy any goods or services for any purpose, unless the Game specifically allows such messages.
26. You may not falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
27. You may not restrict or inhibit any other user from using and enjoying the Game or related services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively 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 "scrolling" (continuous posting repetitive text), are prohibited.
28. You may not harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
29. You may not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Game and related services or other user or usage information or any portion thereof.
30. You may not attempt to get a password, other account information, or other private information from a member or any other user of Game or related services.
31. You may not improperly use in-Game support or complaint buttons or make false reports to Abandon administrators.
32. You may not use the Game or related services in any manner other than for personal communication as an individual user (i.e., not as a corporation or other entity).
33. You may not use the Game or related services for fraudulent transactions including, without limitation, fraudulent in-Game virtual transactions.
Note: Abandon has final say over what constitutes a violation of this Code of Conduct. Abandon reserves the right to change the Code of Conduct at any time. Check the Game Website http://freakyPets.com/code_of_conduct periodically for updates to the Code of Conduct.
Remedies to inappropriate behavior:
A player who violates the Code of Conduct may be warned by Abandon staff, but some particularly serious violations or repeated violations can result in other sanctions, such as a lockout or permanent ban, without warning. In addition, Abandon reserves the right to delete characters or entire accounts as we see fit, without warning, for certain violations.
Chat (text and voice) in the Game and Game Website may be logged and may be reviewed at any time and for any reason, including, without limitation, to assist in making decisions regarding violations of the Code of Conduct. This includes, but is not limited to, private chat, fellowship chat and allegiance chat.
TERMS OF SERVICE
Acceptance of Terms
Please read these Terms of Service carefully before using the Sites and Services (as defined below). By clicking "I Agree" on the button below, you represent that you are an adult in your country of residence, and you signify that you agree to these Terms of Service (which constitute a binding legal agreement) on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have affirmatively authorized to use the Sites and Services. If you do not agree to these Terms of Service, click "CANCEL" and DO NOT set up, or authorize your minor child to set up, an account, purchase a subscription, or otherwise use the Sites and Services.
The Services that Abandon Interactive Entertainment, LLC (together with its parent, affiliates, successors and assigns, "Abandon," the "Company" or "we") provides to you via FreakyPets.com and the Freaky Pets online game (collectively, the "Sites") are subject to the following Terms of Service. Abandon reserves the right to modify and update these Terms of Service at any time provided that it gives notice to you of any changes via e-mail and/or by posting the amended Terms of Service on the Sites. Such modifications and updates shall be effective upon your first use of the Site or Services after Abandon notifies you and makes them available for your review. If at any point you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Site or Service and to cancel any accounts or subscriptions that you may have established to access our Services ("Accounts"). Your continued use of the applicable Site or Service after your receipt of notice that a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any or all of your Accounts or Services. You acknowledge that Abandon is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
Abandon reserves the right to deny, in its sole discretion, any user access to the Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
Description of Services
Through the Sites, Abandon may provide you with access to a variety of games, products and services, and related resources, including download areas, communication forums, community sites and product information (collectively "Services"). The Services, including any updates, enhancements, new features, or the addition of any new Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the "License Agreement"). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, Abandon shall resolve the conflict in its sole discretion. WE MAY CHANGE THE SITES OR SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
User Account, Password and Security
If any of the Services requires you to open an Account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. The Account creation process can not be completed by anyone under the age of 13. If a registrant is determined to be less than 13 years of age as based on the supplied birth date, we require a parent’s email address to continue the process. When that email address is submitted to the Sites, an email is delivered to that address notifying the parent of the account set-up. You may also be asked to choose a password and a screen name. You may not use a screen name that is used by someone else, is vulgar or otherwise offensive (as determined by Abandon), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service or applicable License Agreements. DO NOT use personal information that can identify who you are when choosing your screen name. You are entirely responsible for maintaining the confidentiality of your Account information (including screen names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify Abandon immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by Abandon). Abandon will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by Abandon or another party due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your Account without refund and additional charges based on unauthorized use.
Although a Service may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Use of this password bypass feature will be at your own risk.
You understand that online games and system specifications necessary to play games or access any other Services may continuously evolve over time. Accordingly, Abandon reserves the right to modify or increase the system specifications necessary to play any online game or Services - whether free or subscription based - at any time and without prior notice.
Charges, Billing and Free Trials
General
You may have an Account without paying to participate in certain Services. However, Abandon may charge subscription or other fees to access certain Services (including certain games) and participate in related activities on the Sites. You must be 18 years of age or older to make any such purchase. You must have an Account and pay the subscription or other fees to participate in these subscription or fee-based Services. If you must pay a subscription or other fee to access or play a Service, this information will be posted on the Site established for such Service. ANY SUBSCRIPTION AND/OR SERVICE FEES FOR GAME AND/OR ACTVITIES ACCESS WHICH YOU CHOOSE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
No Purchases by Minors
By ordering a Service from Abandon, you represent that you are 18 years of age or older. If a child under the age of 18 orders a Service from Abandon without parental or guardian permission, then the parent or guardian may return the purchase for a refund according to the posted returns and exchanges policy that relate to that order.
Credit Card
In some cases, it may be possible for you to use a credit, charge or debit card or prepaid subscription game card (each referred to herein as "Credit/Debit Cards") to pay for your subscription(s) or other virtual goods. When you provide Credit/Debit Card information to Abandon (or its designated licensees or subcontractors), you represent and warrant to Abandon that you are the authorized user of the Credit/Debit Card that is used to pay subscription charges or other fees.
Trial Subscriptions
For some Services, we may offer a free trial subscription. In some cases, if you accept a free trial subscription, you may be required to provide us with payment information. In such cases, if so indicated in the relevant materials relating to your free trial subscription, we may begin to bill your Account for that Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telecommunications, and other connection fees that you may incur when accessing our Services, even when we offer a free trial subscription.
Fees Charged by Third-Party Sites
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Abandon. Abandon may also provide access to third-party vendors who provide content, goods or services on the Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Abandon makes no representation or warranty regarding any content, goods or services provided by any third-party even if linked from a Site or Service.
Software License
Any software that is made available to download or otherwise access from the Services ("Software") is the copyrighted work of Abandon or its licensors. Use of the Software is governed by the terms of the applicable License Agreement. A user may not install or use any Software, unless he or she agrees to the applicable License Agreement terms.
The Software is made available for download solely for use by users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
For any Software authorized for download or online use in connection with a Service through the Sites that is not accompanied by or otherwise already covered by a License Agreement, Abandon hereby grants to you, the user, a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for noncommercial and personal use only in accordance with these Terms of Service and the Service-specific terms of use/service and code of conduct, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Abandon or its licensors. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, ABANDON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Restricted Rights Legend
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Abandon Interactive Entertainment, LLC, 680 Route 211 East, Suite 3B - 308, Middletown, NY 10941.
User Content
By "Content," we mean the software, communications, images, sounds, and all the material and information received or made available from the Sites or Services, whether provided by Abandon or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Sites. Content standards may vary depending on where you are on the Sites, 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.
Abandon representatives may monitor Content on the Sites or Services. But we cannot monitor or prescreen all of the Content on the Sites and Services, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the game support or community relations contact for the area in which the incident occurred. Abandon does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Sites or Services. Abandon does not assume any responsibility or liability for Content that is generated by users of the Sites or Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Sites. Abandon does not control the quality, accuracy or content of any translated versions of the Sites or Services.
Abandon and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Site or Service. Without limiting the foregoing, Abandon and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
From time to time, users may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to Abandon's games, the Sites and Services ("Feedback"). All Feedback is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that Abandon may use built-in tracking features to obtain information regarding your use of the Sites and Services, and agree that such information is deemed to be Content for all purposes under these Terms of Service.
You acknowledge and agree that all Content, including, without limitation, all characters created by Abandon or third parties and virtual items, acquired and developed as a result of game play, are the sole and exclusive property of Abandon and may be used by Abandon (or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Abandon or third-party licensors (collectively, "Rights"), or (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States and other applicable laws. Subject to the terms and conditions of these Terms of Service, any intellectual property rights in and to any Content created by you ("User-Generated Content") shall be retained by you. You agree that you may upload or otherwise transmit on or through the Service only User-Generated Content that is not subject to any third-party Rights, or User-Generated Content in which any holder of Rights has given express authorization for distribution on the Service. With respect to any User-Generated Content, you hereby grant to Abandon the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice the User-Generated Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, or to incorporate the same in other works in any form, media, or technology now known or later developed, for all purposes, including, without limitation, news, advertising, promotional marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the User-Generated Content.
Downloaded Content
Abandon hereby grants you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for noncommercial and personal use only, one copy of any material that you are expressly authorized to download from this Site, such as content, audio or images which are made available for personal use by our fans or for press coverage (collectively the "Downloaded Content"); provided, however, that you must include or maintain all copyright and other notices contained or associated with such downloaded content. The Downloaded Content is provided on an “AS IS” basis without warranty of any kind and is subject to the disclaimers set forth below. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. Abandon reserves the right to revoke this limited use license at any time, without notice, for any reason, and at its sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by Abandon in any manner. You may not use Downloaded Content on sites that feature defamatory, pornographic, or inflammatory content.
Notwithstanding any provision or statement in the Sites or Services to the contrary, in the absence of a written agreement, Abandon or its licensors retain all right, title and interest in and to the Downloaded Content (subject to the limited license expressly provided for above or otherwise authorized by Abandon in writing).
Submissions, Fan Fiction and Artwork and Photographs
Abandon is pleased to hear from its customers and welcomes your comments regarding the Sites and Services. Unfortunately, however, Abandon's policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Abandon professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on the Sites, Services and products, we request that you be specific in your comments on the Sites, Services or products, and not submit any creative ideas, suggestions or materials.
Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so ("Submissions") shall be deemed unconditionally and irrevocably licensed by you to Abandon from the moment of submission and/or delivery to Abandon. By sending the Submissions to Abandon, you grant a non-exclusive, royalty-free license to Abandon for all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, in perpetuity, throughout the universe. You agree that Abandon shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission. You also give up any claim that any use by Abandon or its licensee or licensors of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, or rights to credit for the material or ideas set forth therein. If you provide any Submission, you warrant, represent and promise that you are eighteen (18) years of age or older. Anyone under eighteen (18) years of age must first contact Abandon at Attn: Abandon Interactive Entertainment, LLC, 680 Route 211 East, Suite 3B - 308, Middletown, NY 10941 to obtain an agreement for his or her parent or guardian to sign prior to providing any Submission.
If you upload any photograph to or through any Site feature, you (a) grant to Abandon the non-exclusive, worldwide right to use, post, publish and display your photograph on any Site, without royalty or compensation of any kind, (b) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (c) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (d) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (e) promise that you are eighteen (18) years of age or older. You understand that, once your photograph is posted, anyone can download or distribute that photograph. You expressly waive any and all claims you may have against Abandon and release Abandon from any and all liability arising from or related to the submission and Abandon's or any third party's use of the photograph.
Restrictions and Conditions of Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your Account, characters, housing, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the game or Services), information, software, products or services obtained from the Services, without the express written consent of Abandon. You hereby acknowledge and agree that you have no proprietary interest in any Account or game assets (including, without limitation, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services). You may not use your Account(s) to "farm" in-game virtual items (i.e., playing the Abandon games or Services primarily for purposes of amassing an inventory of virtual items) for real-world commercial gain. Accordingly, you may not sell virtual in-game items for real-world money or otherwise exchange virtual in-game items for value outside of the Abandon game. You may not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called "multiplexing" or "pooling" software or hardware). You further agree not to create or provide any means other than through the Sites by which Abandon's on-line computer game may be played by others - for example, through server emulators.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or the Service-specific License Agreements. You may not use the Services in any manner that could damage, disable, overburden, or impair any Abandon server, or the network(s) connected to any Abandon server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any Abandon server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. Abandon has no obligation to monitor the Communication Services. However, Abandon reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Abandon reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Abandon, and such communications shall not be considered reviewed, screened or approved by Abandon. Statements made in forums, bulletin boards, chats and other Communication Services reflect only the views of their authors. Abandon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators and hosts of such Communications Services are not authorized Abandon spokespersons, and their views do not necessarily reflect those of Abandon.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services 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 THROUGH THE COMMUNICATIONS SERVICES. Abandon is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Abandon reserves the right at all times to disclose any Content found on the Communications Services as Abandon deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Abandon's sole discretion.
Code of Conduct
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Sites or Services in order to:
1. Conduct or send surveys, contests, pyramid schemes, chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
4. Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.
6. Except as expressly authorized by Abandon, advertise or offer to sell or buy any goods or services for
