IF YOU ARE NOT CONSIDERED TO BE A RESIDENT OF THE EUROPEAN UNION ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND YORD APPS , INC.
If you create a Yord Apps account within any Yord Apps Offering, you must provide truthful and accurate information to us in creating such account. If Yord Apps has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Yord Apps may suspend or terminate your ability to use or access a Yord Apps Offering, and refuse any and all current or future use of or access to any or all Yord Apps Offerings (or any portion thereof). Yord Apps requires all users to be over the age of thirteen (13).
Yord Apps reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access a Yord Apps Offering, send e-mails or electronically chat with Yord Apps , you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Yord Apps Offerings. You agree that all agreements, notices, disclosures and other communications that Yord Apps provides to you electronically satisfy any legal requirement that such communications be in writing.
Certain Yord Apps Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs ("virtual items") that can be used while playing the Yord Apps Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Yord Apps Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.
You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Yord Apps Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Yord Apps Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Yord Apps Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
Yord Apps may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Yord Apps will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Yord Apps Offering account is terminated or suspended for any reason, in Yord Apps 's sole discretion, or if Yord Apps discontinues any Yord Apps Offering or any portion or feature of any Yord Apps Offering.
If you access a Yord Apps Offering via a third party social networking site (a "Social Game"), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.
If Yord Apps has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Yord Apps may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
Content standards may vary depending on where you are within a Yord Apps Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Yord Apps Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Yord Apps Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Yord Apps does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Yord Apps Offerings. Yord Apps does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Yord Apps Offerings. You agree to indemnify Yord Apps and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Yord Apps Offerings.
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Yord Apps Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Yord Apps Offerings (other than with respect to the information you provide to us in establishing your Yord Apps account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Yord Apps Offering may be seen and used by others and may result in unsolicited communications. Yord Apps is not liable for any information that you choose to submit or communicate to other users on or through any Yord Apps Offerings, or for the actions of any other users of any Yord Apps Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Yord Apps Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Yord Apps and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Yord Apps permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Yord Apps Offering, you expressly grant Yord Apps the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
You may not use any portion of the Yord Apps Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Yord Apps Offerings, or otherwise exploit your participation on or through any Yord Apps Offerings for any commercial purpose.
When you post a review, we will display your rating of the Yord Apps Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
NEITHER YORD APPS , INC. NOR ITS LICENSORS NOR YORD APPS LUXEMBOURG S.A.R.L, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY YORD APPS SOFTWARE OR YORD APPS UNLIMITED (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE YORD APPS SOFTWARE AND YORD APPS UNILIMITED, RESIDES WITH YOU.
Any and all software, content and services (including advertising) within a Yord Apps Offering that are not owned by Yord Apps are "third party content and services". Yord Apps acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Yord Apps Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Yord Apps does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
Yord Apps reserves the right to collect fees, surcharges or costs incurred before you cancel your Yord Apps account(s) or a particular subscription. In the event that your Yord Apps account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Yord Apps may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Yord Apps account is terminated or suspended for any reason, in Yord Apps 's sole discretion, or if Yord Apps discontinues any Yord Apps Offering that includes virtual items.
YOU EXPRESSLY AGREE THAT THE USE OF ANY YORD APPS OFFERING, YORD APPS SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL YORD APPS OFFERINGS AND YORD APPS SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YORD APPS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE YORD APPS OFFERINGS OR YORD APPS SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE YORD APPS OFFERINGS, YORD APPS SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM YORD APPS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YORD APPS IS TO STOP USING THE YORD APPS OFFERINGS AND YORD APPS SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR YORD APPS ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT YORD APPS IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A YORD APPS OFFERING BY, ANY YORD APPS OFFERING USER. IN NO EVENT SHALL YORD APPS OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO YORD APPS FOR YOUR PARTICIPATION IN ANY YORD APPS OFFERING. IN NO CASE SHALL YORD APPS OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY YORD APPS OFFERING OR YORD APPS SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT YORD APPS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD YORD APPS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF YORD APPS OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING YORD APPS OFFERINGS AND YORD APPS SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
When you buy physical goods (e.g. CD-ROM) through any Yord Apps Offering for delivery outside the United States, you are considered an importer and, as between you and Yord Apps , you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Certain Yord Apps Offerings may be subject to United States and international export controls. By accessing Yord Apps Offerings, you warrant that you are not located in any country, or exporting any Yord Apps Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Yord Apps Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.