These Terms of Service (“Terms“) constitute a legally binding agreement that governs your use of www.Arooga.com, and/or the games and applications offered by Arooga (“Arooga“) and accessed through third party web sites (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms.
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE Arooga SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then please do not use the Arooga Service.
- Access to Arooga Service
a) Subject to your acceptance of these Terms, Arooga grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service for your personal and non-commercial use. 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) Arooga 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 Arooga 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 Arooga.comor within the Service, and/or 2) if you have provided us with your email address through our registration process, we will send you a message informing you of the modified terms and linking you to the posting at www.Arooga.com. You agree that you will, 1) periodically check www.Arooga.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.Arooga.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. If you do not agree to any of the Terms stated herein or any modifications thereto, you should discontinue using the Services.
d) Arooga reserves the right to 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 Arooga’s copyrights in and to the Service. Arooga 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) Account Registration
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 Arooga has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Arooga 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). Arooga reserves the right to terminate accounts that have been inactive for 180 consecutive days.
c) You are solely responsible for all activity on your account and the security of your computer system or video console system. You should not reveal your password to other users. Arooga will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Arooga harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of Arooga services is subject to termination if you or anyone using your account violates Arooga Terms. If your account is terminated, you may not join Arooga again without its express permission.3) Fantasy Sports. All information posted on Arooga, including any information regarding sporting events and associated outcomes, odds or schedules may be inaccurate. Arooga does not undertake to update any such information or data in real time and, as such, such information or data may be erroneous. Arooga bears no responsibility for losses (whether to a user or to any third party) as a result of any reliance by a user on any information posted on or implied by other information or data posted on Arooga. Arooga may remove any data posted at any time and with no advance notice. Any chart or graph appearing on Arooga or through the Services is provided for informational purposes only. No decisions should be based on such charts or graphs.
Any fantasy sports games regarding sporting events appearing on the Arooga is a quote at a specific time and date. Such games may not be available at any other time. Arooga reserves the right to cease providing games regarding any sporting events at any time without notice. Arooga reserves to right to change the terms of any games or prediction games available at any time without notice.
4) Ownership of Intellectual Property
a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Arooga and are protected by law from unauthorized use or copying. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Arooga, the Arooga logos, and all game names are trademarks of Arooga and may not be used without the express written permission of Arooga.
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, further develop, modify, alter, download, broadcast, transmit, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Arooga. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services or the Arooga site.
d) All comments, feedback, suggestions, ideas, and other submissions (“Ideas“) disclosed, submitted, or offered to Arooga in connection with the use of the Service shall be the exclusive property of Arooga. You agree that unless otherwise prohibited by law Arooga may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
5) 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 Arooga 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 Arooga 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 Arooga 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) Arooga 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 Arooga 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 Arooga 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 Arooga’s sole and absolute discretion, or if Arooga discontinues providing the Service.
6) 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 Arooga 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 Arooga 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 Arooga incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. By making any content available through the Services or other application, you represent that you own all rights to properly do so.
c) You grant to Arooga 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) Arooga has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Arooga does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
e) Arooga 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. Arooga may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Arooga reserves the right to treat User Content as content stored at the direction of users for which Arooga 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 Arooga’s attention.
f) You acknowledge that you do not rely on Arooga 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.
7) 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 Arooga 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 Arooga, (ii) does not criticize or injure Arooga, (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 Arooga’s rights and remedies are expressly reserved, and Arooga 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, Arooga’s trademark, copyright or other proprietary rights notices, as provided by Arooga on the Service and within e-mail page(s), when displaying an avatar or images from a Arooga game, and you agree to comply with usage guidelines that may be provided by Arooga from time to time. You agree that all goodwill that arises in connection with your use of Arooga’s trademarks inures exclusively to Arooga, and you agree not to challenge Arooga’s ownership or control of any Arooga trademarks, nor use or adopt any trademarks that might be confusingly similar to such Arooga trademarks.
8 ) 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 Arooga and other users, especially in any attempt to learn sensitive account information such as passwords;
v) make improper use of Arooga’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 Arooga’s opinion, Arooga 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 Arooga 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;
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”), 1×1 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 Arooga to be in conflict with the spirit or intent of the Service.
d) Arooga 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, Arooga specifically disclaims any responsibility with regard thereto.
9) Privacy and Protection of Personal Information.
10) 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 Arooga and hereby agree to indemnify Arooga 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.
11) Disclaimers; Limitations; Waivers of Liability
MALFUNCTIONS IN HARDWARE, SOFTWARE OR COMMUNICATION LINES MAY CAUSE INTERRUPTIONS IN THE SERVICE. DATA, GRAPHS, CHARTS AND OTHER INFORMATION ON THE SITE MAY BE SUPPLIED BY THIRD PARTIES UNRELATED TO AROOGA, AND AROOGA CANNOT GUARANTEE THAT SUCH THIRD PARTIES SHALL CONTINUE TO SUPPLY SUCH DATA, GRAPHS, CHARTS OR INFORMATION, OR THAT SUCH DATA, GRAPHS, CHARTS AND INFORMATION IS CORRECT, ACCURATE OR UP-TO-DATE.
AROOGA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES. AROOGA TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THIS SITE OR THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. ANY CHART OR GRAPH APPEARING ON THE SITE OR THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO PREDICTION DECISIONS SHOULD BE BASED ON SUCH CHARTS OR GRAPHS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
b) UNDER NO CIRCUMSTANCES WILL THE AROOGA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID AROOGA IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
c) 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 AROOGA 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 AROOGA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AROOGA 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.
a) You agree to defend, indemnify and hold harmless the Arooga 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.
13) Statute of Limitations
14) Complaints or Notices
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to firstname.lastname@example.org.
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Arooga may assign this agreement or any rights hereunder without your consent. User has no right to assign his rights and/or his liabilities unless a prior written consent to that effect was given by Arooga at its sole discretion. These Terms shall be governed by and interpreted in accordance with the laws of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in courts located in California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms and the rules, restrictions, and policies contained herein, and Arooga’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Arooga.