This User Agreement ("Agreement") is a contract between you and Pegamoose Games. and applies to your use of any of the Pegamoose Games online products and services available through http://www.pegamoosegames.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the Pegamoose Games Service. Pegamoose Games retains all rights not expressly granted by this Agreement.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Pegamoose" "we" or "our" will refer collectively to Pegamoose Games and its subsidiaries.
This Agreement was last modified on September 5, 2007.
1. Eligibility. In order to use the Service, you must register for a Pegamoose Games account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law.2. The Legal Relationship between You and Pegamoose Games.
2.1 Some services of Pegamoose Games may be under "Beta" development. Pegamoose Games services are in beta and have not been fully tested or debugged. We disclaim any responsibly of harm that may occur by using PPegamoose Games. Furthermore, we do not make any promises or claims as to the availability, or "uptime" of Pegamoose Games Services.
2.2 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Pegamoose Games shall make reasonable efforts to ensure that Pegamoose Games and its incorporated services function as described. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
2.3 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
2.4 Indemnification. You agree to indemnify and hold Pegamoose Games, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
3. Your Information and Restricted Activities
3.1 Definition. "Your Information" is defined as any information you provide to us or other users in your registration or use of other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information. By signing up to use Pegamoose Games Services, you agree that you will provide accurate information during the registration process.
3.2 Restricted Activities. Your Information and your activities through our Service shall not: (a) be false, inaccurate or misleading; (b) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (f) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than the intended use, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
3.4 Trademarks and Copyrights. PegamooseGames.com, and all related logos, products and services described in this website are either trademarks or registered trademarks of PegamooseGames, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Pegamoose Games. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Pegamoose Gamesand may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pegamoose Games.
Notwithstanding the above, HTML logos provided through Pegamoose Games ("Logos") may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Pegamoose Gamesor the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Pegamoose Games. Pegamoose Games is an entertainment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
4. Access and Interference.
Our website contains downloadable puzzles and games, typically in the form of PDF files (viewable by Adobe Acrobat Reader). You agree that you will not interfere or attempt to interfere with the proper working of the Pegamoose Games site or any activities conducted on our site. You agree that you will not use any robot, spider, other automatic device, or manual process to create falsified Pegamoose Games accounts. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not perform load testing on our website. Much of the information on our site is proprietary or is licensed to Pegamoose Games by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our website without the prior expressed written permission of Pegamoose Games or the appropriate third party. Pegamoose Games is solely for entertainment and educational purposes and cannot be used for any other purpose, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, without prior written consent from Pegamoose Games. If you use Pegamoose Games for any excluded purpose, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
6. Termination or Closing of Your Pegamoose Games Account. You may close your account at any time by contacting us through Customer Service. You can click on the "Contact" link to make your request. If you cannot access your Pegamoose Games account, you can contact customer support at 512-626-6055. Upon closure of a Pegamoose Games account, you will no longer be able to access any of the information stored therein. If you do not access your account for a period of three years, it will be terminated.
7. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Pegamoose Games. Pegamoose Games reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
8. Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.
9.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Pegamoose Games in electronic form. Electronic Communications may be posted on the pages within the Pegamoose Games website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Pegamoose Games reserves the right but assumes no obligation to provide Communications in paper format.
9.2 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to Pegamoose Games, 1621 Gaylord Dr., Austin, Texas 78728 (in the case of Pegamoose Games) or to our online message center or the email address you provide to Pegamoose Games during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Pegamoose Games during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
10. Legal Disputes. In the event a dispute arises between you and Pegamoose Games, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Pegamoose Games agree that any controversy or claim at law or equity that arises out of this Agreement or Pegamoose Games's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Pegamoose Games strongly encourages users first to contact Pegamoose Games directly to seek a resolution. Pegamoose Games will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
10.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Pegamoose Games may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by a third party mutually agreed upon by both parties, to be decided upon if such a case arises. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
10.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Travis County, Texas or where the defendant is located (in Pegamoose Games's case, Austin, Texas, and in your case, your home address or principal place of business). You and Pegamoose Games agree to submit to the personal jurisdiction of the courts located within the county of Austin, Texas.
10.3 Alternative Dispute Resolution. Pegamoose Games will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Travis County, Texas or another location mutually agreed upon by the parties.
10.4 Violations of Section 10. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 10, the other party may recover attorneys' fees and costs up to $1000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
11. General. This Agreement is governed by and interpreted under the laws of the state of Texas, U.S. as such laws are applied to agreements entered into and to be performed entirely within Texas by Texan residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 16 hereof, to the extent that the FAA is inconsistent with Texas law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Pegamoose Games, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (16) Legal Disputes shall survive any termination or expiration of this Agreement.
12. Disclosures. The Services are offered by Pegamoose Games, located at 1621 Gaylord Dr., Austin, Texas
78728. If you are a Texas resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information.
Disputes between you and Pegamoose Games regarding our Services may be reported to Customer Support online through the Pegamoose Games "Contact" page at any time, or by calling (512) 626-6055 from 9 AM to 9PM Central Standard Time.