TERMS OF USE
CloudPlay, Inc. (sometimes referred to as "CloudPlayTM") is pleased to give you access to its website, www.threshwars.com (the "Site"), and related materials, including without limitation, user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings of games played, and any related documentation, applets, client and server software (collectively, "Thresh WarsTM") free of charge. Your use of Thresh WarsTM is subject to the following terms of use (these "Terms"), which constitute a binding legal agreement between CloudPlayTM and you.
1. Eligibility.
By accepting these Terms through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. CloudPlayTM does not intentionally collect personal information about children under the age of 13. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any portion of these Terms, do not use the Site. You represent and warrant that all billing and registration information provided is truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms.
Some parts of Thresh WarsTM may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, CloudPlayTM understands that you are indicating that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering Thresh WarsTM) are commercially available that may assist parents or legal guardian in limiting access to content that may be harmful to minors.
2. These Terms Are Subject to Change.
CloudPlayTM may modify these Terms upon notice to you at any time. These modifications may include, without limitation, charging for any features within Thresh WarsTM. CloudPlayTM may provide notice to you of any such modification by e-mail or by publishing the changes on the Site, and your continued use of Thresh WarsTM after such modification shall mean that you have agreed to such modifications. In the event that CloudPlayTM modifies these Terms and you do not agree to such modifications, you may terminate your use of Thresh WarsTM. IN THE EVENT THAT YOU DO NOT AGREE TO ANY MODIFICATION, PLEASE DO NOT THEREAFTER ACCESS OR USE THRESH WARSTM.
CloudPlayTM may also terminate your right to use Thresh WarsTM at any time for any reason. Without limiting the prior sentence, your right to use Thresh WarsTM will automatically terminate if you fail to comply with any portion of these Terms. No notice shall be required from CloudPlayTM to effect such an automatic termination. Upon any termination of your right to use Thresh WarsTM, you shall immediately discontinue use of the Thresh WarsTM.
3. How You Can Use Thresh WarsTM.
You may use Thresh WarsTM for your personal, non-commercial use. You may make a single, temporary copy of any applications that your device executes or displays when you use Thresh WarsTM, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not, and you agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from Thresh WarsTM, except as set forth in these Terms. Additionally, you may not: frame or mirror any part of Thresh WarsTM without CloudPlay'sTM express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any "Content" (as defined below) transmitted through the Thresh WarsTM; create a database by systematically downloading and storing content from Thresh WarsTM; intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, content or other materials from Thresh WarsTM or reproduce or circumvent the navigational structure or presentation of Thresh WarsTM.
4. Accounts.
In order to access use Thresh WarsTM, you will have to create an account. You agree to create and maintain only one account. You also agree not to use another's account without permission. When creating your account, you agree to 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. Although CloudPlayTM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CloudPlayTM or others due to such unauthorized use.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of CloudPlayTM.
CloudPlayTM does not recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in Thresh WarsTM, including any attributes associated with your account or stored in Thresh WarsTM. CloudPlayTM does not recognize any virtual property transfers executed outside of Thresh WarsTM or the purported sale, gift or trade of anything related to Thresh WarsTM. Accordingly, you may not sell items for money or otherwise exchange items for value outside of Thresh WarsTM.
5. Content / Submissions to Thresh WarsTM.
On some parts of the Site or otherwise in connection with your use of Thresh WarsTM, you may be allowed to post or link to content or applications or provide comments for others to see (such material is referred to herein as "Content"). If you post, link to or contribute Content, you guarantee, represent and warrant to CloudPlayTM that:
(a) You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
(b) While you or the rightful owner of the Content retain all of ownership rights in the Content, you give CloudPlayTM (and have the necessary rights to give CloudPlayTM) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of Thresh WarsTM;
(c) You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through Thresh WarsTM;
(d) You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by Thresh WarsTM and these Terms; and
(e) For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through Thresh WarsTM, you understand that: CloudPlayTM is not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor does CloudPlayTM endorse any Content; CloudPlayTM does not verify the identity of people using Thresh WarsTM; and CloudPlayTM does not screen, monitor, edit or review Content before it appears on Thresh WarsTM. CloudPlayTM does have the right, in its sole discretion, to monitor or remove any Content at any time and without notice if CloudPlayTM determines that doing so will improve Thresh WarsTM. CloudPlayTM can also suspend or terminate use of Thresh WarsTM by anyone who does not follow these Terms. Nevertheless, because CloudPlayTM does not prescreen Content, you understand that by using Thresh WarsTM, you may be exposed to Content that is offensive or objectionable.
CloudPlayTM may remove any Content that you post in its sole discretion and without notice to you.
6. No License Granted.
Except for allowing you to use Thresh WarsTM for your personal use as set forth in Section 3 above, when you use Thresh WarsTM you are not receiving a license or any other rights from CloudPlayTM, including intellectual property, proprietary or other rights of CloudPlayTM. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THRESH WARSTM OR ANY OTHER CLOUDPLAYTM PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
7. Copyrights.
Thresh WarsTM is owned by CloudPlayTM, Inc. or its licensees and protected by applicable law, with all rights reserved. CloudPlayTM takes the protection of intellectual property rights, including copyrights, very seriously. CloudPlayTM will terminate your access to, or use of, all or any part of Thresh WarsTM, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to CloudPlayTM if they have a good-faith belief that their protected works are being infringed. CloudPlayTM will respond to all such notifications that are sent to:
CloudPlay, Inc.Attn: DMCA Notification
574 Miramar Drive
Half Moon Bay, CA 94019
To be effective, the notification must be a written communication that includes:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
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 provider to locate the material;
(c) Information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(d) A statement that the complaining party has 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
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, CloudPlayTM shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After CloudPlayTM removes or disables access to such material, CloudPlayTM will notify user of Thresh WarsTM that posted the material of its action. Such user may then provide CloudPlay'sTM designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which CloudPlayTM will forward to the purported copyright owner. CloudPlayTM will inform the purported copyright owner that CloudPlayTM will repost the removed material or cease disabling access to it within 14 business days unless the purported copyright owner sends a second notification to CloudPlay'sTM designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to CloudPlay'sTM designated agent, as designated above. The notice must include the following information:
(i) The counter-notifying party's physical or electronic signature;
(ii) Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
(iii) A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(iv) The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where CloudPlayTM is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided CloudPlayTM with notification or an agent of such a person.
8. Trademarks.
CloudPlayTM and Thresh WarsTM are trademarks of CloudPlayTM, Inc. Other trademarks are the property of their respective owners.
9. Third Party Sites.
Thresh WarsTM may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of Thresh WarsTM. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. CloudPlayTM is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between these Terms and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using Thresh WarsTM, you expressly relieve CloudPlayTM from any and all liability arising from your use of any third-party sites, applications or content.
10. Privacy Policy.
Any information that CloudPlayTM may collect from you during your use of Thresh WarsTM is subject to CloudPlay'sTM Privacy Policy. CloudPlayTM encourages you to read and understand its Privacy Policy which can be accessed at http://www.threshwars.com/privacy.
11. Conduct of Registered Users and Visitors.
CloudPlayTM believes that all users and visitors benefit from basic rules regarding conduct while using Thresh WarsTM. Widespread use and enjoyment of Thresh WarsTM is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, CloudPlayTM asks, and you agree, to follow the following basic rules of conduct when using Thresh WarsTM:
(a) You will follow these Terms and all applicable laws;
(b) You will never give your password to anyone (no CloudPlayTM employee will ever ask for it);
(c) You will not harass, threaten or abuse other people when using Thresh WarsTM in any manner;
(d) You will not make excessive challenges or invitations to other users;
(e) You will not interfere with others' use of Thresh WarsTM or act in a way that negatively affects other users' enjoyment of Thresh WarsTM;
(f) You will not cheat and you will not use "exploits" or "dummy accounts" in any way;
(g) You will not participate in any action that, in the sole and absolute opinion of CloudPlayTM, results or may result in any authorized user of the Thresh WarsTM being scammed or defrauded out of any items that such user has purchased or earned in connection with such user's use of Thresh WarsTM;
(h) You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, gender, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or intellectual property or proprietary rights, including any patent, trademark, trade secret or copyrights of any party;
(i) You will not use or exploit any errors in design, features which have not been documented, or "bugs" to gain access or items in any way that is not generally known and intentionally made available by CloudPlayTM, and you will promptly report to CloudPlayTM your discovery of any such errors, features or bugs.
(j) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(k) You will not collect or store personal information about any other individual on Thresh WarsTM, or otherwise stalk, repeatedly contact or harass another user;
(l) You will not impersonate any other person or misrepresent a relationship with any person, including misrepresenting a relationship with CloudPlayTM; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(m) You will not use Thresh WarsTM to harm minors in any way, or encourage interactions with minors of a sexual nature;
(n) You will not manipulate Thresh WarsTM so as to hide your identity or participation in Thresh WarsTM (by using another person's identity, changing headers or otherwise modifying any other possible identifier);
(o) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt Thresh WarsTM, users' ability to enjoy Thresh WarsTM, or the proper functioning of any software, hardware or equipment or materials used in connection with Thresh WarsTM;
(p) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of Thresh WarsTM;
(q) You will not use any automated programs or "scripts" to advance your character or characters, acquire goods, or otherwise accrue benefits in an automated fashion; and
(r) You will adhere to and abide by any policies or rules posted by CloudPlayTM on the Site.
As indicated in Section 2 above, your right to use Thresh WarsTM will automatically terminate if you fail to comply with any term or provision of these Terms, including without limitation if you violate any of the guidelines set forth above. No notice shall be required from CloudPlayTM to effect such an automatic termination. In the event that your right to use Thresh WarsTM is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT CLOUDPLAYTM IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THRESH WARSTM FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
12. Indemnity.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THRESH WARSTM AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD HARMLESS CLOUDPLAYTM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT CLOUDPLAYTM OR THEY MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THRESH WARSTM, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THRESH WARSTM, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
13. Warranty Disclaimer.
YOU UNDERSTAND THAT YOUR USE OF THRESH WARSTM (INCLUDING ANY DOWNLOAD FROM THRESH WARSTM AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THRESH WARSTM) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THRESH WARSTM AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THRESH WARSTM, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CLOUDPLAYTM MAKES NO WARRANTY THAT THRESH WARSTM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT CLOUDPLAYTM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THRESH WARSTM WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THESE TERMS OF THE DISCLAIMER SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, CLOUDPLAYTM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PROPRIETARY AND OTHER RIGHTS) AS TO THRESH WARSTM AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THRESH WARSTM.
14. Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLOUDPLAYTM OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THRESH WARSTM, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THRESH WARSTM OR CLOUDPLAYTM, EVEN IF CLOUDPLAYTM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
15. Applicable Law; Arbitration; Injunctive Relief.
These Terms are governed by, and shall be construed in accordance with, the laws of the State of California, excluding those laws that direct the application of the laws of another jurisdiction. These Terms shall not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
You agree that, with the exception of injunctive relief sought by CloudPlayTM, any and all disputes relating to these Terms or your use of Thresh WarsTM shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association before an independent arbitrator designated by the AAA. You agree that the location of any such arbitration shall be San Mateo County, California, USA.
You acknowledge and agree that damages will not be an adequate remedy in the event of any violation of CloudPlay'sTM intellectual property, proprietary or other rights. You therefore agree that CloudPlayTM will be entitled (without limitation of any other rights or remedies otherwise available to CloudPlayTM and without the necessity of posting a bond or other security) to obtain an injunction from any court of competent jurisdiction prohibiting the continuance or recurrence of any violation of CloudPlay'sTM intellectual property, proprietary or other rights.
16. Entire Agreement.
These Terms are the entire agreement between you and CloudPlayTM. They supersede any and all prior or contemporaneous agreements between you and CloudPlayTM relating to your use of Thresh WarsTM. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
You can direct any questions concerning these Terms to 
.
