TERMS OF SERVICEEffective Date: 23 August 2010
(Last Updated 10 Outubro 2010) This Terms of Service (“Terms”) is a
legally binding agreement that governs your use of Chilltime and/or the
games and applications offered by Chilltime Lda. (“Chilltime”)
and accessed through third party web sites (collectively, the “Service”). In
this agreement, “Chilltime” means Chilltime Lda. Chilltime’s Privacy Policy is incorporated herein by
reference. By using or accessing the Service, you agree to be bound by these
Terms.
1) Access to Chilltime Service
a) Subject to your acceptance of these
Terms, Chilltime grants to you a non-exclusive, non-transferable, revocable
limited license to use and display the Service and related software (excluding
source and object code) for your personal (or household) non-commercial use by
any machine(s) of which you are the primary user. You agree not to use the
Service for any other purpose, or to copy or distribute the content of the
Service except as specifically allowed in this agreement.
b) Chilltime Reserves the right to
change these Terms in any way and at any time. However, no amendment to these
Terms shall apply to a dispute of which Chilltime had actual notice on the date
of amendment.
c) We will notify you of any
modifications to these Terms with one or both of the following methods: 1) we
will post any modifications on www.Chilltime.com or within the Service, and/or
2) we will send you a message informing you of the modified terms and linking
you to the posting at www.Chilltime.com. You agree that you will, 1)
periodically check www.Chilltime.com for updates to these Terms, and 2) you
will read the messages we send you to inform you of any changes. You agree that
you will be considered to have been given notice of any modifications once we
post them to www.Chilltime.com and that your continued use of the Service after
such notice shall be deemed an acceptance of any changes.
d) Chilltime reserves the right
discontinue the Service or to change the content of the Service in any way and
at any time, with or without notice to you, without liability.
e) You agree to be bound by any
application, forum, or game specific rules published within the Service.
f) Your use of the Service is conditioned
upon your compliance with these Terms and any use of the Service in violation
of these Terms will be regarded as an infringement of Chilltime’s copyrights in
and to the Service. Chilltime reserves the right to terminate your access to
the service without notice if you violate these Terms.
g) You represent that you are 13 years
old or older. Additionally, if you are between the ages of 13 and 18, you
represent that your legal guardian has reviewed and agrees to the Terms.
2) Ownership of Intellectual Property
a) Unless otherwise specified in
writing, all materials that are part of the Service are owned, controlled, or
licensed by Chilltime and are protected by law from unauthorized use. The entire
contents of the Service are copyrighted under the Portugal copyright laws
and/or similar laws of other jurisdictions. Chilltime, the Chilltime logos, and
all game names are trademarks of Chilltime and may not be used without the
express written permission of Chilltime.
b) You do not acquire any ownership
rights by using the Service, downloading material from or uploading material to
the Service, or by purchasing any virtual goods.
c) You agree not to copy,
redistribute, publish or otherwise exploit material from the Service, except as
expressly permitted herein, without the express prior written permission of Chilltime.
d) All comments, feedback,
suggestions, ideas, and other submissions ("Ideas") disclosed,
submitted, or offered to Chilltime in connection with the use of the Service
shall be the exclusive property of Chilltime. You agree that unless otherwise
prohibited by law Chilltime may use, sell, exploit and disclose the Ideas in
any manner, without restriction and without compensation to you.
3) In-Game currencies/goods
a) The Service may include a virtual,
in-game currency (“Virtual Currency”) including, but not limited to coins,
cash, or points, that may be purchased from Chilltime for “real world” money if
you are a legal adult in your country of residence. The Service may also
include virtual, in-game digital items (“Virtual Goods”) that may be purchased
from Chilltime for “real world” money or for Virtual Currency. Regardless of
the terminology used, Virtual Currency and Virtual Goods may never be redeemed
for “real world” money, goods or other items of monetary value from Chilltime
or any other party.
b) Other than a limited, personal,
revocable, non-transferable, non-sublicenseable license to use the Virtual
Goods or Virtual Currency in the Service, you have no right or title in or to
any such Virtual Goods or Virtual Currency appearing or originating in the
Service, or any other attributes associated with use of the Service or stored
within the Service.
c) Chilltime has the absolute right to
manage, regulate, control, modify and/or eliminate such Virtual Currency and/or
Virtual Goods as it sees fit in its sole discretion, and Chilltime shall have
no liability to you or anyone for the exercise of such rights.
d) Transfers of Virtual Currencies and
Virtual Goods are strictly prohibited except where explicitly authorized within
the Service. Outside of the game, you may not buy or sell any Virtual Currency
or Virtual Goods for “real world” money or otherwise exchange items for value.
Any attempt to do so is in violation of these Terms and may result in a
lifetime ban from Chilltime Service and possible legal action.
e) You agree that all sales of Virtual
Goods and Currencies are final. No refunds will be given, except in our sole
and absolute discretion. All Virtual Goods and Currencies are forfeited if your
account is terminated or suspended for any reason, in Chilltime's sole and
absolute discretion, or if Chilltime discontinues providing the Service.
4) User Content
a) The Service may invite you to chat
or participate in blogs, message boards, online forums and other functionality
and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute or broadcast content and materials to Chilltime
and/or to or via the Service, including, without limitation, text, writings,
photographs, graphics, comments, suggestions or personally identifiable
information or other material (collectively "User Content"). Any
material you transmit to Chilltime will be treated as non-confidential and
non-proprietary.
b) You agree that your User Content is
wholly original to you and you exclusively own the rights to your User Content,
including the right to grant all of the rights and licenses in these Terms
without Chilltime incurring any third party obligations or liability arising
out of its exercise of the rights thereto granted herein by you.
c) You grant to Chilltime the
unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual
fully-paid and royalty-free right and license to host, use, copy, distribute,
reproduce, disclose, sell, resell, sublicense, display, perform, transmit,
publish, broadcast, modify, make derivative works from, retitle, reformat,
translate, archive, store, cache or otherwise exploit in any manner whatsoever,
all or any portion of your User Content to which you have contributed, for any
purpose whatsoever, in any and all formats; on or through any and all media,
software, formula or medium now known or hereafter known; and with any technology
or devices now known or hereafter developed and to advertise, market and
promote same.
d) Chilltime has no obligation to
monitor or enforce any intellectual property rights that may be associated with
your User Content, but Chilltime does have the right to enforce such rights
through any means it sees fit, including bringing and controlling actions on
your behalf.
e) Chilltime has no obligation to
accept, display, review, monitor, or maintain any User Content. We have the
right to delete User Content from the Service without notice for any reason at
any time. Chilltime may move, re-format, edit, alter, distort, remove or refuse
to exploit User Content without notice to you and without liability; provided,
however, that Chilltime reserves the right to treat User Content as content
stored at the direction of users for which Chilltime will not exercise
editorial control except to enforce the rights of third parties and the Content
Restrictions set forth below when violations are brought to Chilltime's
attention.
f) You acknowledge that you do not
rely on Chilltime to monitor or edit the Service and that the Service may
contain content which you find offensive and you hereby waive any objections
you might have with respect to viewing such content.
5) Posting on Other Web Sites
a) You are granted a limited revocable
license to post an image of your personal avatar and/or screen shot from your
account, within the Service and any other materials
that Chilltime specifically gives you notice may be posted on other web sites,
on your own personal web site or on a third party web site that permits posting
of content at the direction of users provided that such third party web site
(i) is not commercially competitive to Chilltime, (ii) does not criticize or
injure Chilltime, (iii) does not obtain any rights to such content other than a
non-exclusive license to post it at your direction, and (iv) does not charge
for access to such content or associated products, services or advertising with
such content, so long as the web site where the link resides, and all other
locations to which such site links, comply with all applicable laws and do not
in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity,
intellectual property or other legal rights of others or, in any way, post,
publish, distribute, disseminate or facilitate any inappropriate, infringing,
defamatory, profane, indecent, obscene, illegal/unlawful or otherwise
objectionable information, topic, name or other material (an “Authorized Web
Site”). All of Chilltime's rights and remedies are expressly reserved, and Chilltime
may revoke this limited license, in whole or in part, upon notice.
b) Conditions on Posting on Other Web
Sites: Without limitation, the following terms and conditions apply to your
posting of a copy of your avatar and/or screen shots on an Authorized Web Site:
i)You must a display a prominent link
to the Service's homepage in connection with any of your use of Collaborative
Content permitted hereunder, including, without limitation, in e-mails you are
sending friends; and
ii) You agree to include, and not
remove or alter, Chilltime's trademark, copyright or other proprietary rights
notices, as provided by Chilltime on the Service and within e-mail page(s),
when displaying an avatar or images from a Chilltime game, and you agree to
comply with usage guidelines that may be provided by Chilltime from time to
time. You agree that all goodwill that arises in connection with your use of Chilltime's
trademarks inures exclusively to Chilltime, and you agree not to challenge Chilltime's
ownership or control of any Chilltime trademarks, nor use or adopt any
trademarks that might be confusingly similar to such Chilltime trademarks.
6) Usage Rules
a) As a condition of your use of and
access to the Service, you agree to comply with these Usage Rules, which are
provided as an example rather than as a limitation, and any application or game
specific rules published within the Service.
b) You agree that your use of and
conduct on the Service shall be lawful and your User Content will not:
i) include any offensive comments that
are connected to race, national origin, gender, sexual preference or physical
handicap;
ii) include profanity or any obscene,
indecent, pornographic, sexual or otherwise objectionable content or language;
iii) defame, libel, ridicule, mock,
disparage, threaten, harass, intimidate or abuse anyone;
iv) promote violence or describe how
to perform a violent act
v) violate the contractual, personal,
intellectual property or other rights of any party, or promote or constitute
illegal activity; or
vi) be in violation of these Terms or
the game rules of conduct (collectively "Content Restrictions").
c) You and your activities on the
Service will not:
i) reveal any personal information
about another individual, including another person's address, phone number,
e-mail address, credit card number or any information that may be used to
track, contact or impersonate that individual;
ii) attempt to impersonate any other
party;
iii) create user accounts by automated
means or under false pretenses or mislead others as to the origins of your
communications;
iv) trick, defraud or mislead Chilltime
and other users, especially in any attempt to learn sensitive account
information such as passwords;
v) make improper use of Chilltime’s
support services or submit false reports of abuse or misconduct;
vi) engage in any commercial
activities, including, without limitation, any attempt to raise money for
anyone or advertise or promote a product, service, website, pyramid scheme or
other multi-tiered marketing scheme;
vii) disparage, tarnish, or otherwise
harm, in Chilltime's opinion, Chilltime and/or the Service;
viii) violate these Terms or any local,
state, federal or international law, rule or regulation or any other
requirements or restrictions posted by Chilltime on the Service;
ix) disseminate or transmit viruses,
worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware,
cancelbots or any other malicious or invasive code or program;
x) upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive
text) that interferes with any party's uninterrupted use and enjoyment of the
Service and User Content or modifies, impairs, disrupts, alters or interferes
with the use, features, functions, operation or maintenance of the Service, the
User Content;
xi) copy or adapt the Service’s
software including but not limited to Flash, PHP, HTML, JavaScript or other
code;
xii) reverse engineer, decompile,
reverse assemble, modify or attempt to discover any software (source code or
object code) that the Service create to generate web pages or any software or
other products or processes accessible through the Service;
xiii) upload or transmit (or attempt
to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including, without
limitation, clear graphics interchange formats ("gifs"), 1x1 pixels,
web bugs, cookies or other similar devices (sometimes referred to as
"spyware," "passive collection mechanisms" or
"pcms");
xiv) except as may be the result of
standard search engine or Internet browser usage, use or launch, develop or
distribute any automated system, including, without limitation, any spider,
robot (or "bot"), cheat utility, scraper or offline reader that
accesses the Service, or use or launch any unauthorized script or other
software;
xv) cover or obscure any notice,
banner or advertisement on the Service;
xvi) disguise the source of your User
Content or other information you submit to the Service or use tools which
anonymize your internet protocol address (e.g. anonymous proxy) to access the
Service;
xvii) interfere with or circumvent any
security feature of the Service or any feature that restricts or enforces
limitations on use of or access to the Service, Collaborative Content or the
User Content;
xviii) sell the Service or any part
thereof including but not limited to Virtual Goods or Virtual Currency, user
accounts and access to them in exchange for real currency or items of monetary
value; or
xix) engage in cheating or any other
activity deemed by Chilltime to be in conflict with the spirit or intent of the
Service.
xx) persuade or work with others to protest or complain against
the service though communication, images or feedback.
d) Chilltime does not control or
endorse the content, messages or information found in User Content portions of
the Service or external sites that may be linked to or from the games or their
forums and, therefore, Chilltime specifically disclaims any responsibility with
regard thereto.
7) Privacy and Protection of Personal
Information.
a) Chilltime respects the privacy of
visitors to our game. Information collected from you is subject to the
pertinent social network’s policy. By playing the game, you may be granting
your social network permission to share your e-mail address and any other
personally identifiable information with Chilltime. Please see Chilltime’s
Privacy Policy at www.Chilltime.com for more information on the collection and
use of your information. You acknowledge and agree that this Privacy Policy,
including, but not limited to, the manner in which Chilltime collects, uses and
discloses your personally identifiable information, is incorporated and made
part of these Terms. If User does not agree to each and every part of Chilltime's
Privacy Policy, then you should not play the game or submit any personally
identifiable information through this game. Questions regarding privacy issues
should be directed to privacy (at) Chilltime.com.
8) Account Responsibility
a) This Service is offered through
various social networks. The Service is only available to persons who are
registered members of the social network through which they access the game and
are in compliance with the policies or terms of use/service of that social
network. In creating your account with a social network through which you will
access the Service (“Account”), you agree to:
i) provide true, accurate, current and
complete information about yourself ( "Registration Data"); and
ii)maintain and promptly update the
Registration Data to keep it true, accurate, current and complete.
b) Users that maintain more than one
account on a social network may not access this Service from multiple accounts.
If you provide any information that is untrue, inaccurate, not current or
incomplete, or Chilltime has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Chilltime has the
right to suspend or terminate your ability to participate in the Service and
refuse any and all current or future use of the Service (or any portion
thereof). Provider reserves the right to terminate accounts that have been
inactive for 180 consecutive days.
9) Disputes with Others
a) We reserve the right, but have no
obligation, to monitor and/or manage disputes between you and other users of
the Service. If you have a dispute with other users, you release Chilltime and
hereby agree to indemnify Chilltime from claims, demands, and damages (actual
and consequential) of every kind and nature, known and unknown, arising out of
or in any way connected with such dispute.
10) Disclaimers; Limitations; Waivers
of Liability
a) YOU EXPRESSLY AGREE THAT USE OF THE
SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT
PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED
WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM
PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER CHILLTIME NOR ITS
AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS
(COLLECTIVELY, "CHILLTIME PARTIES") WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
b) TO THE FULLEST EXTENT PERMITTED BY
LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES
OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE
SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING,
WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT
AND THAT THE CHILLTIME PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER
ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER
SPECIFICALLY ACKNOWLEDGE THAT THE CHILLTIME PARTIES ARE NOT LIABLE, AND YOU
AGREE NOT TO SEEK TO HOLD THE CHILLTIME PARTIES LIABLE, FOR THE CONDUCT OF
THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL
SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
c)c. UNDER NO CIRCUMSTANCES WILL THE CHILLTIME
PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CHILLTIME IN
THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT
ANY SUCH CLAIM.
11) Indemnification
a) You agree to defend, indemnify and
hold harmless the Chilltime Parties from and against all claims and expenses,
including attorneys' fees and costs, arising out of your use of the Service
and/or your breach or alleged breach of any term, condition, obligation,
representation or warranty in these Terms. You agree that the provisions in
this paragraph will survive any termination of your account(s) or the Service.
12) Governing Law/Waiver of Injunctive
Relief
a) This Agreement and all aspects of
the Service shall be governed by and construed in accordance with the internal
laws of the Portugal and the Lisbon governing contracts
entered into and to be fully performed in Lisbon (i.e., without regard to
conflict of laws provisions) regardless of your location. With respect to any
disputes or claims not subject to informal dispute resolution or arbitration
(as set forth below), you agree not to commence or prosecute any action in
connection therewith other than in the state and federal courts located in Lisbon,
Portugal, and you hereby consent to, and waive all defenses
of lack of personal jurisdiction and forum non conveniens with respect to,
venue and jurisdiction in the state and federal courts located in Lisbon.
b) You acknowledge that the rights
granted and obligations made hereunder to Chilltime are of a unique and
irreplaceable nature, the loss of which shall irreparably harm Chilltime and
which cannot be replaced by monetary damages alone so that Chilltime shall be
entitled to injunctive or other equitable relief (without the obligations of
posting any bond or surety) in the event of any breach or anticipatory breach
by you. You irrevocably waive all rights to seek injunctive or other equitable
relief and agree to limit your claims to claims for monetary damages (if any).
c) Informal Negotiations. To expedite
resolution and control the cost of any dispute, controversy or claim related to
this Terms ("Dispute"), you and Chilltime agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating any arbitration or
court proceeding. Such informal negotiations commence upon written notice from
one person to the other. You will send your notice to Chilltime Lda,
info@chilltime.com
ATTENTION: LEGAL DEPARTMENT.
d) Binding Arbitration. If you and Chilltime
are unable to resolve a Dispute through informal negotiations, either you or Chilltime
may elect to have the Dispute (except those Disputes expressly excluded below)
finally and exclusively resolved by binding arbitration. Any election to
arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND
THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org. The determination of whether a
Dispute is subject to arbitration shall be governed by the Federal Arbitration
Act and determined by a court rather than an arbitrator. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Rules
and, where appropriate, limited by the AAA Consumer Rules. If such costs are
determined by the arbitrator to be excessive, Chilltime will pay all
arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless
requested by a party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except as otherwise
provided in this Agreement, you and Chilltime may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate or enter judgment on the award entered by the arbitrator.
e) Restrictions. You and Chilltime
agree that any arbitration shall be limited to the Dispute between Chilltime
and you individually. To the full extent permitted by law, (1) no arbitration
shall be joined with any other; (2) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (3) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
f) Exceptions to Informal Negotiations
and Arbitration. You and Chilltime agree that the following Disputes are not
subject to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or concerning the
validity of, any of your or Chilltime’s intellectual property rights; (2) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy or unauthorized use; and (3) any claim for injunctive relief.
13) Waiver/Severability
a) The failure of Chilltime to require
or enforce strict performance by you of any provision of these Terms or to
exercise any right under them shall not be construed as a waiver or
relinquishment of Chilltime's right to assert or rely upon any such provision
or right in that or any other instance.
b) You and Chilltime agree that if any
portion of these Terms, except any portion of section 12(e), is found illegal
or unenforceable, in whole or in part by any court of competent jurisdiction,
such provision shall, as to such jurisdiction, be ineffective to the extent of such
determination of invalidity or unenforceability without affecting the validity
or enforceability thereof in any other manner or jurisdiction and without
affecting the remaining provisions of the Terms, which shall continue to be in
full force and effect. If Section 12(e) is found to be illegal or unenforceable
then neither you nor Chilltime will elect to arbitrate any Dispute falling
within that portion of Section 12(e) found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
District of Lisbon, Portugal, and you
and Chilltime agree to submit to the personal jurisdiction of that court.
14) Miscellaneous
a) Chilltime operates and controls the
Service from its offices in the Portugal. Chilltime makes no
representation that the Service is appropriate or available in other locations.
The information provided on the Service is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject Chilltime to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Service from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable. By
downloading any software, 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. The parties specifically disclaim application of the Convention
on Contracts for the International Sale of Goods. These Terms are effective
until terminated by either party. You may terminate these Termsby destroying
all Service-related materials obtained from the Service, Chilltime or any other
web site or source. The privileges granted to you under these Terms will
terminate immediately and automatically without notice from Chilltime if, in
our sole discretion, you fail to comply with any term or provision of these
Terms. Neither the course of conduct between the parties nor trade practice
will act to modify these Terms to any party at any time without any notice to
you. You may not assign these Terms without Chilltime's prior written consent.
These Terms contain the entire understanding of you and Chilltime, and
supersede all prior understandings of the parties hereto relating to the
subject matter hereof, and cannot be changed or modified by you except as
posted on the Service by Chilltime. If any provision of these Terms is found to
be illegal or unenforceable, the Terms will be deemed curtailed to the extent
necessary to make it legal and enforceable and will remain, as modified, in
full force and effect. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience only and shall
not be given any legal import. Upon Chilltime's request, you will furnish Chilltime
any documentation, substantiation or releases necessary to verify your
compliance with these Terms. You agree that these Terms will not be construed
against Chilltime by virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form of these Terms and the
lack of signing by the parties hereto to execute these Terms.
15) Statute of Limitations
a) You and Chilltime both agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service, Terms or Privacy Policy must
be filed within ONE (1) YEAR after such claim or cause of action arose or be
forever barred.
16)
Complaints or Notices
a) The Digital Millennium Copyright
Act (DMCA) provides recourse to copyright owners who believe that their rights
under the Copyright law of the European Union have been infringed by acts of third
parties over the Internet. If you believe that your copyrighted work has been
copied without your authorization and is available on or in this game in a way
that may constitute copyright infringement, you may provide notice of your
claim to Chilltime's Designated Agent listed below. For your notice to be
effective, it must include the following information:
i) A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
ii) A description of the copyrighted
work that you claim has been infringed upon;
iii) A description of where the
material that you claim is infringing is located on this game;
iv) Information reasonably sufficient
to permit the service provider to contact the complaining party, such as
address, telephone number, and, if available, an e-mail address at which the
complaining party may be contacted;
v) A statement by you that you have a
good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
vi) A statement that the information
in the notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
vii) Chilltime's Designated Agent is:
Chilltime LdaAttn: Intellectual Property Agent Email: info@chilltime.com | FOLLOW US ON FACEBOOK |