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BY CLICKING ON THE ""I AGREE"" BUTTON, THE END USER (""YOU"") AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT, THE TERMS OF USE AND PRIVACY POLICY (COLLECTIVELY, THE ""EULA"").
PLEASE READ THIS EULA CAREFULLY AND MAKE SURE THAT YOU FULLY UNDERSTAND IT. YOU ARE PERMITTED TO DOWNLOAD, INSTALL AND USE THE APPLICATION (AND ALL SERVICES PROVIDED BY BOONTY, INC. (""BOONTY"") OR THIRD PARTIES IN CONNECTION WITH THE APPLICATION) ONLY IF YOU AGREE TO COMPLY WITH THE EULA. YOU WILL HAVE THE OPPORTUNITY TO CHOOSE TO ACCEPT OR REJECT THIS EULA. YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APPLICATION UNLESS YOU CLICK ON THE BUTTON.
1.By visiting, accessing, browsing and/or using the website located at http://www.cafe.com/ (the ""Site"") and/or any of the services offered on the Site (the ""Services""), you acknowledge that you have read, understood, and agreed to be bound by this EULA and the Terms of Use http://www.cafe.com/BottomLinks/TOU.aspx (""TOU"") and Privacy Policy http://www.cafe.com/BottomLinks/PrivacyPolicy on our Site and to comply with all applicable laws and regulations. This EULA is a legal agreement between you and Boonty. You represent that you have the capacity to enter into this EULA. If you do not agree to this EULA, please do not download or use or Application (defined below), Software (defined below), products or Services from this Site. Boonty reserves the right, in its sole discretion, to change, modify, add or remove portions of this EULA at any time by updating this posting. You are responsible for reviewing this EULA from time to time, and will be deemed to have accepted any changes posted should you use the Services after the posting of such changes.
2.Subject to the terms and conditions of this EULA, Boonty hereby grants you a limited, revocable, non-exclusive, paid-up, nontransferable license to use the proprietary cafe.com software application (the ""Application"") solely to play the free online games made available to you on the Site. You may not copy, modify, reverse engineer, decompile, disassemble or translate the Application without the prior written consent of Boonty. The Application allows you to play free online games (through the Internet) and compete with other players. The Application may be uninstalled from your computer by using the standard Add or Remove Programs feature in the Windows Control Panel. This license may not be assigned, transferred, or conveyed in any way by you, or used by you for any purpose except as expressly provided for herein, without the express prior written consent of Boonty. Any assignment, transfer or conveyance in violation of this provision shall be null and void.The Application is given free to users who accept the present EULA. Boonty will not be responsible for providing any updates, enhancements or modifications to the Application, or for otherwise maintaining or supporting the Application. The Application doesn't benefit from any user help. The diffusion and the operating conditions of the Application can be modified or can be stopped at all times and without notice by Boonty, in a temporary or definitive manner, without leading to any compensation. In case of definitive exploitation stop, the user should uninstall the product. Boonty will not be held responsible for any dysfunctions noted after the exploitation stop. Boonty, in its sole discretion, reserves the right to take any actions and impose any penalties to discourage and punish any violation of this EULA, notably, but not exclusively by deactivating your account.
3.The content, information, graphics, design, compilation, products, Software, music, Services, including but not limited to downloads, interactive features, as well as any trademarks, service marks and logos and all other matters related to this Site (""Materials"") are protected by law, including, but not limited to, U.S. and French copyright laws and international treaties. Access to the Application or the Materials from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the Internet, data, e-mail, and privacy. You agree that Boonty, in its sole discretion, may terminate your access to and use of the Site, Application and Materials, for any reason, including, without limitation, if Boonty believes that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination, you must uninstall the Application and destroy all Materials and any copies obtained from the Site. Your right to use the Site, Application and Software is not transferable and any password or rights given to you to obtain Materials is not transferable. This EULA contains our entire understanding relating to the use of the Site, Application, Materials and Software and supersedes any prior written or oral agreement or understandings between us with respect to this Site, Application, Materials and Software and cannot be changed or terminated by you except in writing signed by an authorized representative of Boonty.
4.In order to access this Application, you are required to give Boonty some Personally Identifiable Information as described in the Privacy Policy located at http://www.cafe.com/BottomLinks/PrivacyPolicy. [Note: insert link] This information permits Boonty to identify you when you connect to the Application. When using the Application, Boonty will also collect other Non-Personal Information including, without limitation, number of plays, scores, etc. While playing online, the Application will transmit certain information to Boonty. The information is collected without interrupting the user, and is used as follows:
•To provide better services and customer experience.
•To do statistics on the use of our Application and our products.
•To calculate your ranking in the community.
•To provide you, by the slant of the Application, information on our products, services and/or events.
•To exchange boosts and items
•To allow multiplayer interaction between users
•To chat
•To provide you with advertisements, special offers, or promotions which might interest you. This interest is calculated according to the type of games listed on your Application, and is connected to any Personally Identifiable Information.
Data transmission between the Application and our servers will not impact your computer's performance or your Internet connection. Please review our Privacy Policy carefully before using the Site or downloading or using the Application.
5.Any software or code downloaded and use from the Site, including, without limitation, any files, images incorporated in or generated by the software, code or data accompanying the software (collectively, the ""Software"") are licensed to you under terms of this EULA or the specific terms of use (whether supplied by Boonty or a third party) applicable to any of the Materials. Your right to use the Software and the Application is expressly limited to the terms set forth in this EULA or other applicable terms of use. Access to or downloading of the Software and/or Application does not in any way transfer title to the Software or Application, or any intellectual property rights contained therein, to you.
6.Notices to you, including but not limited to changes to this EULA or other policies, may be made via e-mail, regular mail or by displaying such notices or links to notices generally on the Site. Please note that this EULA may be updated by Boonty from time to time without notice to you. You can review the most current version of the EULA at any time by checking this Site located at http://www.cafe.com/BottomLinks/EULA.aspx. You are responsible for regularly reviewing this EULA to ensure that you are in compliance. In addition, when using Boonty Software, Materials and Services, you shall be subject to any guidelines or rules applicable to such Software, Materials and Services that may be posted on the Site from time to time. All such guidelines or rules are hereby incorporated by reference into this EULA.Boonty reserves the right in its sole discretion to modify or delete any Materials appearing on the Site or to terminate the Site without notice to you.
7.You agree that your access to and use of the Site, the Application and the Materials, including but not limited to the Software and Services provided hereunder, may be terminated by Boonty for any or no reason without prior notice. In the event of such termination, you acknowledge and agree that Boonty may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to and use of such files, the Site, the Application, Software, Services and/or the Materials. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site, the Application, Software, Services or the Materials, may be referred to appropriate law enforcement authorities. Further, you agree that Boonty shall not be liable to you or any third party for any termination of your access to the Site, the Application, Software, Services or the Materials.
8.This Site contains Materials supplied by Boonty and its parents, affiliates and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Boonty owns or licenses or has the right to display all of the Materials provided on the Site. Except as stated herein, none of the Materials may be copied, duplicated, edited, adapted, reproduced, distributed, republished, uploaded, downloaded, displayed, performed, broadcast, posted, modified, enhanced, licensed, sold, resold, rented, transferred or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Boonty or the copyright, trademark and/or service mark owner in each instance. Notwithstanding the foregoing and unless specified otherwise in the EULA, permission is granted to download and display the Materials from this Site for personal, non-commercial use only, provided you do not modify, copy or distribute the Materials and that you retain all copyright, trademark, service mark, patent and other proprietary notices contained in the Materials. In addition, permission is also granted to display and download the free trial version(s) for personal, non-commercial use and to share such free trial version(s) with others for free. These permissions terminate automatically if you breach any of these TOU. Upon termination, you will immediately destroy any downloaded and printed Materials (except any videogames you have already purchased). Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials for conducting unwanted solicitations or communications via e-mail, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, libelous or otherwise objectionable as determined in Boonty's sole discretion.Use of the Application, Software and Materials for any purpose not expressly permitted in this EULA is prohibited. As noted herein, reproducing, copying, or redistributing the Materials on this Site for commercial purposes is strictly prohibited without the express written permission of Boonty. For information on requesting such permission, please send a written request to Boonty accessible via our corporate web site available at www.boonty.net. Decisions to grant or deny permission are within the sole discretion of Boonty.Any unauthorized use of any Materials or the Application may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials or the Application for conducting unwanted solicitations or communications via e-mail, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, libelous or otherwise objectionable as determined in Boonty's sole discretion.
9.Boonty's Services require hardware, software and Internet access. By using the Site, the Services and the Materials, you acknowledge that these requirements are necessary for a good user experience. You agree that Boonty is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold Boonty harmless for any such issues.
10.UNLESS OTHERWISE EXPLICITLY STATED, THIS SITE, THE APPLICATION, THE SOFTWARE AND THE MATERIALS ARE FURNISHED ""AS IS,"" ""AS AVAILABLE,"" AND WITH ALL FAULTS AND BOONTY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. TO THE FULLEST EXTENT PERMITTED BY LAW, BOONTY, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, APPLICATION, SOFTWARE, SERVICES, INFORMATION AND MATERIALS OR IN ANY COMMUNICATION WITH YOU REGARDING THE SITE, APPLICATION, SOFTWARE, SERVICES, INFORMATION AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS. BOONTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY OR OTHERWISE RESPECTING THE APPLICATION, SOFTWARE, SERVICES, INFORMATION AND/OR MATERIALS ON THIS SITE OR ANY WEBSITES LINKED TO THIS SITE.
11.IN NO EVENT WILL BOONTY, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE) OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR ANY OTHER DAMAGES ARISING OUT OF THE SITE, APPLICATION, SOFTWARE, SERVICES, INFORMATION AND MATERIALS PROVIDED, OR THE USE OR INABILITY TO USE THE SITE OR THE APPLICATION OR ANY OF THE SERVICES, SOFTWARE, INFORMATION AND MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BOONTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BOONTY'S TOTAL LIABILITY WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12.You hereby agree to indemnify, hold harmless, and at Boonty's option defend Boonty, its parents, affiliates, subsidiaries and their respective officers, directors, employees, agents, licensors, representatives and third party providers of the Services from and against any and all costs, damages, expenses, liabilities or obligations (including attorneys' fees and expenses) incurred as a result of claims asserted against it by any third party that directly or indirectly arise out of or otherwise relate to your access to and use of the Site, Services, Software, Application, information and Materials, including without limitation, your failure to comply with this EULA, the Privacy Policy, the TOU or any other agreement.
13.The Materials may be subject to U.S. government export restrictions. You understand that none of the Materials, Software or any underlying technology (e.g., the Application) or direct product thereof may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan, (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders, U.S. Treasury Department's list of Specially Designated Nationals or any other U.S. government denied or embargoed party list, or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.
14.This EULA and the relationship between you and Boonty shall be governed by and construed in accordance with the laws of the state of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. The failure of Boonty to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this EULA shall remain in full force and effect. A printed version of this EULA and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any term or other provision of this EULA is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions will nevertheless remain in full force and effect. Boonty is not responsible for delay or failure to perform due to causes beyond its reasonable control.Please direct any inquiries and/or comments to eula_inquirires@cafe.com or:
Boonty Inc. EULA inquiries
440 9th Avenue
New York, NY 10001
USA
Please report any violations of the EULA to eula_violations@cafe.com or:
Boonty Inc. TOU violation
440 9th Avenue
New York, NY 10001
USA
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Amended as of January 1st, 2008. V1.0
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