Terms of Service


LAST UPDATED:  June 3, 2011

KADAMEDIA LLC TERMS OF SERVICE

These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access (“KADAMEDIA LLC Services”) offered by KADAMEDIA LLC or any of its subsidiaries and affiliates for PC, game system or mobile device.  If you reside in the United States, Canada or Japan, these terms are an agreement between you and KADAMEDIA LLC Inc.  If you reside in any other country, then these terms are an agreement between you and KADAMEDIA LLC Swiss Sàrl.  If additional terms and/or agreements apply to the KADAMEDIA LLC Service(s) used by you, those additional terms and/or agreements govern your use of KADAMEDIA LLC Services as well.

These Terms of Service form a legally binding contract between you and KADAMEDIA LLC.  By using KADAMEDIA LLC Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

You agree to check kadamedia.com/tos periodically for new information and terms that govern your use of KADAMEDIA LLC Services.  KADAMEDIA LLC may modify the Terms of Service at any time.  Revisions to terms affecting existing KADAMEDIA LLC Services shall be effective thirty (30) days after posting at kadamedia.com/tos.  Terms for new KADAMEDIA LLC Services are effective immediately upon posting at kadamedia.com/tos.

Table of Contents

1. KADAMEDIA LLC Account (Also Known As An Origin Account)
2. Content
3. Entitlements
4. Use and Expiration of Content and Entitlements/General License Restrictions
5. Content and Entitlement Availability
6. Contributing Third Party Content to KADAMEDIA LLC Services
7. Contributing Your Own Content to KADAMEDIA LLC Services; License Grant to KADAMEDIA LLC and Others
8. Paid Services
9. Termination of KADAMEDIA LLC Services and Accounts
10. Cancellation of your Account
11. Rules of Conduct
12. Services Not Controlled By KADAMEDIA LLC
13. Software, Utilities and Tools
14. Export Control Laws
15. Updates to KADAMEDIA LLC Services
16. Limitations on Warranty and Liability
17. Indemnification
18. Links to Third-Party Sites
19. General Terms
20. Entire Agreement
21. Notice to California Residents
22. Supplemental Terms

1. KADAMEDIA LLC Account (Also Known As An Origin Account)

An KADAMEDIA LLC Account (also known as an Origin Account) (“Account”) may be required to access and use some KADAMEDIA LLC Services.  If you have questions about Account registration, please contact us by visiting kadamedia.com/contact.

To create an Account, you must have an email address, and provide truthful and accurate information.  You must be eligible to use the KADAMEDIA LLC Service for which you are registering.  In addition, some KADAMEDIA LLC Services may require creation of a “user name” or a “persona” to represent you in game and online.  User names and personas are tied to your Account.  You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal.  You should not reveal your Account password to others.  KADAMEDIA LLC will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2. Content

“Content” on KADAMEDIA LLC Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from KADAMEDIA LLC Services, as well as the design and appearance of our websites.  All Content–with the exception of third party content discussed below in Section 6, is owned by KADAMEDIA LLC or its affiliates, subsidiaries, licensors or suppliers.  Content includes user-generated Content (“UGC”).  KADAMEDIA LLC Content and UGC collectively shall be referred to as “Content.”  KADAMEDIA LLC does not pre-screen all UGC and does not endorse, approve, or prescreen any UGC that you and other users may contribute to KADAMEDIA LLC Services.  You bear the entire risk of the completeness, accuracy or usefulness of Content found on KADAMEDIA LLC Services.

KADAMEDIA LLC reserves the right (but has no obligation) to remove, block, edit, move or disable UGC that is objectionable to us for any reason.  The decision to remove UGC or other Content at any time is in KADAMEDIA LLC’s sole and final discretion.  To the maximum extent permitted by applicable law, KADAMEDIA LLC does not assume any responsibility or liability for UGC or for any failure to or delay in removing UGC or other Content.

You are solely responsible for your UGC and may be held liable for UGC that you post.

3. Entitlements

“Entitlements” are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of KADAMEDIA LLC Services and/or products.  Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

4. Use and Expiration of Content and Entitlements/General License Restrictions

KADAMEDIA LLC grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the KADAMEDIA LLC Services accessed by you.  Content and Entitlements and all other intellectual property rights in or on KADAMEDIA LLC Services as well as the products and services offered through KADAMEDIA LLC Services, are owned by KADAMEDIA LLC or KADAMEDIA LLC’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an KADAMEDIA LLC Service unless you are expressly authorized to do so.  In addition, unless expressly authorized by KADAMEDIA LLC, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements.  Any commercial use is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the KADAMEDIA LLC Services you are using.

KADAMEDIA LLC reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of KADAMEDIA LLC and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on KADAMEDIA LLC Services may result in the termination of your Account(s), prohibition on use of KADAMEDIA LLC Services, and further legal action.  Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless KADAMEDIA LLC from any unauthorized or illegal conduct by you, or through the use of your Account, on KADAMEDIA LLC Services.

5. Content and Entitlement Availability

Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be purchased or acquired only from KADAMEDIA LLC or an authorized retailer.  KADAMEDIA LLC reserves the right to refuse your request(s) to acquire Entitlements, and KADAMEDIA LLC reserves the right to limit or block any request to acquire Entitlements for any reason.

We do not guarantee that any Content or Entitlement will be available at all times or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  If you have not used your Entitlements or Account for twenty four (24) months or more and your Account has associated Entitlements, your Entitlements will expire and your Account may be cancelled for non-use.  Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.

6. Contributing Third Party Content to KADAMEDIA LLC Services

KADAMEDIA LLC respects the intellectual property rights of others.  You must have the legal right to upload Content to KADAMEDIA LLC Services.  You may not upload or post any Content on KADAMEDIA LLC Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates any third party’s right of privacy or right of publicity.  You may upload only Content that you are permitted to upload by the owner or by law. KADAMEDIA LLC may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of KADAMEDIA LLC’s or a third party’s intellectual property or other rights, KADAMEDIA LLC may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

7. Contributing UGC to KADAMEDIA LLC Services; License Grant to KADAMEDIA LLC and Others

When you contribute UGC to an KADAMEDIA LLC Service, you expressly grant to KADAMEDIA LLC a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant KADAMEDIA LLC all licenses, consents and clearances to enable KADAMEDIA LLC to use such UGC for such purposes.  You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the KADAMEDIA LLC Service on which you contribute UGC permits other users to access and use that UGC as part of the KADAMEDIA LLC Service, then you also grant all other users of the relevant KADAMEDIA LLC Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant KADAMEDIA LLC Service without further notice, attribution or compensation to you.

8. Paid Services

Some KADAMEDIA LLC Services require payment of a fee.  You must have an Account and pay the subscription or other fees to participate in these activities.  For information about subscription and other fees for particular services, visit kadamedia.com/contact.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

KADAMEDIA LLC reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for an KADAMEDIA LLC Service, KADAMEDIA LLC will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the KADAMEDIA LLC Service.  You are responsible for reviewing the KADAMEDIA LLC Service to obtain timely notice of such changes.  Your continued use of the KADAMEDIA LLC Service thirty (30) days or more after posting of the changes means that you accept such changes.  If any change is unacceptable to you, you may cancel your subscription at any time, but KADAMEDIA LLC will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.  If your use of KADAMEDIA LLC Services is subject to use or sales tax, then KADAMEDIA LLC may also charge you for any such taxes, in addition to the subscription or other fees.  For further information, visit kadamedia.com/contact.

A. Payment Options.  You may pay fees using the methods available for the particular KADAMEDIA LLC Service and you agree to the terms and conditions applicable to each payment method you choose.  Payment methods may vary by KADAMEDIA LLC Service.  When you provide credit card or other payment information to KADAMEDIA LLC, you represent to KADAMEDIA LLC that you are the authorized user of the credit card or other payment method.  By agreeing to this Terms of Service, you have agreed to permit KADAMEDIA LLC to automatically renew your subscription to an KADAMEDIA LLC Service by charging a valid credit card number which you have provided to KADAMEDIA LLC.  Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than KADAMEDIA LLC’s then-current price, excluding any promotional and discount pricing, unless you cancel your subscription.  You must provide current, complete, and accurate information for your billing account.  You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify KADAMEDIA LLC if your credit card is canceled (for example, for loss or theft).  Changes to such information can be made by contacting Customer Service at kadamedia.com/contact.  If you fail to provide KADAMEDIA LLC any of the foregoing information, you agree that KADAMEDIA LLC may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription.  KADAMEDIA LLC reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to KADAMEDIA LLC.  Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.  For further information, visit kadamedia.com/contact.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.

B. Trial Subscriptions.  For some KADAMEDIA LLC Services, KADAMEDIA LLC may offer a free trial subscription.  If you accept a free trial subscription, KADAMEDIA LLC will begin to bill your Account for that KADAMEDIA LLC Service when the free trial subscription expires, unless you cancel your subscription before that time.  You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using KADAMEDIA LLC Services, even when we offer a free trial subscription.  Trial subscriptions are not transferrable.

C. Fees Charged By Third-Party Sites and Vendors.  We may provide links to other web sites.  Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to KADAMEDIA LLC.  Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

9. Termination of KADAMEDIA LLC Services, Accounts and Entitlements

KADAMEDIA LLC may terminate access to any PC or mobile products and/or KADAMEDIA LLC Services at any time by giving you notice of such termination within the time period specified when you joined the particular KADAMEDIA LLC Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable product

KADAMEDIA LLC may also terminate your Account(s) (and access to all related Entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of KADAMEDIA LLC Services, Content, Entitlement, products, or KADAMEDIA LLC’s Intellectual Property as determined by KADAMEDIA LLC in its sole discretion.  You may lose your user name and persona as a result of Account termination.  If you have more than one (1) Account, KADAMEDIA LLC may terminate all of your Accounts and all related Entitlements.  In response to a violation of these Terms of Service or any other agreement applicable to KADAMEDIA LLC Services accessed by you, KADAMEDIA LLC may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements associated with your Account or immediately terminate any and all Accounts that you have established.  You acknowledge that KADAMEDIA LLC is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnishing Entitlements associated with your Account.  If KADAMEDIA LLC terminates your Account, you may not participate in an KADAMEDIA LLC Service again without KADAMEDIA LLC’s express permission.  KADAMEDIA LLC reserves the right to refuse to keep Accounts for, and provide KADAMEDIA LLC Services to, any individual.  You may not allow individuals whose Accounts have been terminated by KADAMEDIA LLC to use your Account.

If your Account, or a particular subscription for an KADAMEDIA LLC Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular KADAMEDIA LLC Service.  If you believe that any action has been taken against your Account in error, please contact Customer Support at kadamedia.com/contact.

10. Cancellation of your Account

You have the right to cancel your Account or a particular subscription to an KADAMEDIA LLC Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use KADAMEDIA LLC Services and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with KADAMEDIA LLC, including any dispute related to, or arising out of: (1) any term of this Terms of Service or KADAMEDIA LLC’s enforcement or application of this Terms of Service; (2) the Content and Entitlements available through KADAMEDIA LLC Services or any change in Content or Entitlements provided through KADAMEDIA LLC Services; (3) your ability to access and/or use KADAMEDIA LLC Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for KADAMEDIA LLC Services and/or any Content or Entitlements thereon.

Contact KADAMEDIA LLC’s Customer Service Department at kadamedia.com/contact to cancel your Account.  KADAMEDIA LLC reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an KADAMEDIA LLC Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with KADAMEDIA LLC Services must be settled before you establish a new Account.

11. Rules of Conduct

You may violate the Terms of Service if, as determined by KADAMEDIA LLC in its sole discretion, you:

- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful, abusive, hateful, racially offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate.  Hate speech is not tolerated.
- Use abusive, offensive, or defamatory screen names and/or personas.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are an KADAMEDIA LLC employee or a representative of KADAMEDIA LLC, or attempt to mislead users by indicating that you represent KADAMEDIA LLC or any of KADAMEDIA LLC’s partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on KADAMEDIA LLC Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Violate any additional Rules of Conduct applicable to a specific KADAMEDIA LLC Service that you are using.
- Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt KADAMEDIA LLC Services.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false reports to KADAMEDIA LLC staff.
- Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify or attempt to modify any part of the KADAMEDIA LLC Service that KADAMEDIA LLC does not specifically authorize you to modify.
- Post or communicate any person’s real-world personal information using an KADAMEDIA LLC Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an KADAMEDIA LLC Service.
- Use and communicate exploits and/or cheats.
- Attempt to use KADAMEDIA LLC Software on or through any service that is not controlled or authorized by KADAMEDIA LLC.  Any such use is at your own risk and may subject you to additional or different terms.  KADAMEDIA LLC takes no responsibility for your use of KADAMEDIA LLC Software on or through any service that is not controlled by KADAMEDIA LLC.
- Interfere with the ability of others to enjoy playing an KADAMEDIA LLC Service or take actions that interfere with or materially increase the cost to provide an KADAMEDIA LLC Service for the enjoyment of all its users.
- Unless expressly authorized by KADAMEDIA LLC, you may not sell, buy, trade or otherwise transfer your Account or any personal access to KADAMEDIA LLC Services, Content or Entitlements, including by use of auction websites.
- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.

Specific KADAMEDIA LLC Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use KADAMEDIA LLC Services.  KADAMEDIA LLC reserves the right to terminate your Account and to prevent your use of any and all KADAMEDIA LLC Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

Unless otherwise specified and except for KADAMEDIA LLC Services directed to children under the age of thirteen (13), there is no requirement or expectation that KADAMEDIA LLC will monitor or record any online activity on KADAMEDIA LLC Services, including communications.  However, KADAMEDIA LLC reserves the right to monitor and/or record any online activity on KADAMEDIA LLC Services and you give KADAMEDIA LLC your express consent to monitor and record your activities.  KADAMEDIA LLC reserves the right to remove any content from any KADAMEDIA LLC Service at KADAMEDIA LLC’s sole discretion.  KADAMEDIA LLC has no liability for your or any third party’s violation of this Agreement.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to KADAMEDIA LLC using the “Help” or “Report Abuse” functions in the relevant KADAMEDIA LLC Service.

12. Services Not Controlled By KADAMEDIA LLC

Some products may give you the option of using KADAMEDIA LLC Software on or through a service that is not controlled by KADAMEDIA LLC.  For example, you may be given the option to play KADAMEDIA LLC Software online on servers not owned or controlled by KADAMEDIA LLC.  KADAMEDIA LLC takes no responsibility for your use of KADAMEDIA LLC Software on or through any such service and otherwise has no control over how those services are offered, administered or operated.  Any such use of non-KADAMEDIA LLC controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

13. Software, Utilities and Tools

KADAMEDIA LLC Services may require or allow you to download software, software updates or patches, or other utilities and tools from KADAMEDIA LLC or its licensors onto your computer, entertainment system or device (“KADAMEDIA LLC Software”).  KADAMEDIA LLC grants to you a non-exclusive, limited license to use KADAMEDIA LLC Software solely for the purpose stated by KADAMEDIA LLC at the time the KADAMEDIA LLC Software is made available to you.  If an End User License Agreement or End User Access And License Agreement is provided with the KADAMEDIA LLC Software, your use of the KADAMEDIA LLC Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access KADAMEDIA LLC Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from KADAMEDIA LLC Software.  You may not modify KADAMEDIA LLC Software or use it in any way not expressly authorized in writing by KADAMEDIA LLC.  You understand that KADAMEDIA LLC’s introduction of various technologies may not be consistent across all platforms and that the performance of KADAMEDIA LLC Software and related KADAMEDIA LLC Services may vary depending on your computer and other equipment.

From time to time, KADAMEDIA LLC may provide you with updates or modifications to KADAMEDIA LLC Software.  You understand that certain updates and modifications may be required in order to continue use the KADAMEDIA LLC Software and KADAMEDIA LLC Services.

14. Export Control Laws

KADAMEDIA LLC Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading KADAMEDIA LLC Software from KADAMEDIA LLC, you warrant that you are not located in any country, or exporting KADAMEDIA LLC Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or KADAMEDIA LLC Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to KADAMEDIA LLC Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  The assurances and commitments in this Section shall survive termination of this Agreement.

15. Updates to KADAMEDIA LLC Services

IMPORTANT: KADAMEDIA LLC MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF KADAMEDIA LLC SERVICES.  THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.  KADAMEDIA LLC RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

16. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF KADAMEDIA LLC SERVICES, KADAMEDIA LLC SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK.  KADAMEDIA LLC SERVICES, KADAMEDIA LLC SOFTWARE, KADAMEDIA LLC PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF KADAMEDIA LLC SOFTWARE OR KADAMEDIA LLC SERVICES.  KADAMEDIA LLC DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES.  KADAMEDIA LLC PROVIDES KADAMEDIA LLC SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE KADAMEDIA LLC SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KADAMEDIA LLC WILL HAVE ADEQUATE CAPACITY FOR KADAMEDIA LLC SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC ARKADAMEDIA LLC.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KADAMEDIA LLC OR ITS LICENSORS ARISING OUT OF OR RELATING TO KADAMEDIA LLC SERVICES AND/OR KADAMEDIA LLC PRODUCTS IS TO STOP USING KADAMEDIA LLC SERVICES, AND TO CANCEL YOUR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT KADAMEDIA LLC, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON KADAMEDIA LLC SERVICES OR USE OF KADAMEDIA LLC SOFTWARE.  IN NO CASE SHALL KADAMEDIA LLC’s OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “KADAMEDIA LLC AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO KADAMEDIA LLC FOR KADAMEDIA LLC SERVICES.  IN NO CASE SHALL KADAMEDIA LLC OR KADAMEDIA LLC AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF KADAMEDIA LLC SERVICES, KADAMEDIA LLC SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF KADAMEDIA LLC SERVICES OR ACCOUNTS.  KADAMEDIA LLC ASSUMES NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND  HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY KADAMEDIA LLC SERVICE, CONTENT, KADAMEDIA LLC SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

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, KADAMEDIA LLC’s AND KADAMEDIA LLC AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  KADAMEDIA LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH KADAMEDIA LLC AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

17. Indemnification

Upon KADAMEDIA LLC’s request, you agree to defend, indemnify and hold harmless KADAMEDIA LLC and KADAMEDIA LLC Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through KADAMEDIA LLC Services.  Without limiting the generality of the foregoing, you agree to indemnify and hold KADAMEDIA LLC harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of KADAMEDIA LLC Services and for all of your communication and activity on KADAMEDIA LLC Services, including any Content you contribute, and that you will indemnify and hold harmless KADAMEDIA LLC and KADAMEDIA LLC Affiliates from any liability or damages arising from your conduct on KADAMEDIA LLC Services, including any Content that you contribute.

KADAMEDIA LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to KADAMEDIA LLC in that matter.  This Section shall survive termination of this Terms of Service.

18. Links to Third-Party Sites

KADAMEDIA LLC Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  KADAMEDIA LLC does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

19. General Terms

A. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service.  You also understand and agree that this Terms of Service, the KADAMEDIA LLC Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including KADAMEDIA LLC’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

B. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of KADAMEDIA LLC, and the remaining portions shall remain in full force and effect.

C. Waiver.  The failure of KADAMEDIA LLC to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by KADAMEDIA LLC.

D. Governing Law.  If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with KADAMEDIA LLC or relating in any way to your Account(s) or your use of KADAMEDIA LLC Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving KADAMEDIA LLC or its affiliates, employees, contractors, officers, directors, vendors and content providers.  If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with KADAMEDIA LLC, arising out of or relating in any way to your Account(s) or your use of KADAMEDIA LLC Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving KADAMEDIA LLC or KADAMEDIA LLC Affiliates, subsidiaries, contractors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws.

20. Entire Agreement

The Terms of Service (including the KADAMEDIA LLC Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and KADAMEDIA LLC relating to your rights and obligations in the use of KADAMEDIA LLC Services.  If there is any conflict between the Terms of Service and any other rules or instructions posted on an KADAMEDIA LLC Service, KADAMEDIA LLC shall resolve the conflict in its sole discretion.

21. Special Notice to California Residents

Pursuant to Cal. Civil Code § 1789.3, please note that (a) KADAMEDIA LLC is located at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and charges for KADAMEDIA LLC Services vary depending on the services selected by you, and (c) If you have a complaint regarding KADAMEDIA LLC Services or desire further information on use of KADAMEDIA LLC Services, visit KADAMEDIA LLC’s Customer Support web pages at kadamedia.com/contact.  For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

Bookmark kadamedia.com/tos and visit this site regularly for updates to KADAMEDIA LLC Terms of Service.

22. Supplemental Terms

Additional Terms and Conditions for Specific KADAMEDIA LLC Services

Certain KADAMEDIA LLC Services may require you to read and agree to terms and conditions that are specific to that KADAMEDIA LLC Service.  Your right to use that KADAMEDIA LLC Service is subject to those specific terms and this Terms of Service.  If there are any inconsistencies between the specific terms and these terms, KADAMEDIA LLC will be the final and sole arbiter of any such inconsistencies.

Beta Tests

In its sole discretion, KADAMEDIA LLC may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors.  You will be asked to provide to KADAMEDIA LLC (and to KADAMEDIA LLC only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s).  This process is known as a “Beta Test.”  You must sign and return to KADAMEDIA LLC a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any software will be provided or made accessible to you.  Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, KADAMEDIA LLC may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the KADAMEDIA LLC site.  You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of KADAMEDIA LLC.  You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person.  You agree that breach of the above obligations will cause irreparable harm to KADAMEDIA LLC, and KADAMEDIA LLC is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.  Your obligation to keep the beta games confidential will continue until KADAMEDIA LLC publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

Upon request, you agree to immediately return to KADAMEDIA LLC all copies of the pre-release copy and confidential or proprietary information KADAMEDIA LLC provided to you.

As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors.  Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here.  The beta games are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators.  This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase.  In this case, all player history and data will be erased and each player will return to novice status.

By selecting a “Play” button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) KADAMEDIA LLC has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) KADAMEDIA LLC’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

Adobe® Products
Adobe® Flash® Player. Copyright © 1996 – 2010. Adobe Systems Incorporated. All Rights Reserved. Patents pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries.

Adobe® Shockwave® Player. Copyright © 1996 – 2010. Adobe Systems Incorporated. All Rights Reserved. Adobe and Shockwave are either trademarks or registered trademarks in the United States and/or other countries.

Adobe® AIR™. Copyright © 2007 – 2010. Adobe Systems Incorporated. All Rights Reserved.  Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries.

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