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Terms Of Service
 

EFFECTIVE DATE: SEPTEMBRE 1st, 2011

These Terms of Use govern your use of the GameSims® website (the "Site") and each of the game productions offered on the Site (the "Games"). Please read them carefully before creating an account or using any of the GameSims® products and services.

  • 1 AGREEMENT TO TERMS

    By creating an account on the Site or playing any of the Games on the Site, you agree to these Terms of Use and the GameSims® Privacy Policy which is incorporated herein by reference. Each time you use the Site or play any of the Games, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site or playing the Games. You cannot play any of the Games until you have accepted these Terms of Use. The Site is owned and operated by GameSims®. GameSims® may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site or playing any Game. You are responsible for staying informed of any changes to these Terms of Use. If you do not agree with the modified Terms of Use, your only option is to discontinue using the Site or the Games.

  • 2 ELIGIBILITY

    • 2.1 GENERAL ELIGIBILITY

      To be eligible to play any of the Games, you must be (a) of lawful age, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms and (b) be physically located in a state in which the Game you are playing is not restricted by law. You specifically acknowledge that it is your responsibility to fully understand and comply with any laws or regulations required to play the Games. By registering to play, you are certifying that you meet these eligibility requirements.

  • 3 REGISTRATION

    In order to play any Game, you must first create an account through the registration page. To do so, you must complete the registration form on the Site and acknowledge your agreement to these Terms of Use and the GameSims® Privacy Policy. You will also be asked to provide a user name and password. By creating an account you represent and warrant that all information you submit is complete and accurate. Upon registration, you will receive a confirmation of your registration via e-mail.

    You only need to register once in the Site to have access to all the Games and services

    You may create only one account. GameSims® reserves the right to monitor any effort to establish multiple accounts. In the event GameSims® discovers that you have opened more than one account in violation of these Terms of Use, GameSims® may terminate any and/or all of these accounts.

    You are entirely responsible for ensuring that your account information is current and for maintaining the confidentiality of your account information. You are entirely responsible for maintaining the confidentiality of your password and for changing your password periodically. You are not entitled to sell or in any way transfer your account. And you are entirely responsible for any actions taken by you or anyone you allow to use your account. Therefore, you agree to safeguard your account from access by others. You may not use the account, username, or password of someone else at any time. If you believe that your account has been compromised, you must immediately notify GameSims®. You agree to indemnify and hold harmless GameSims® for losses incurred by GameSims® or another party due to someone else using your account or password.

  • 4 GAMES

    GameSims® may, in its sole discretion, and at any time: (a) modify the Games or features thereof; (b) add additional Games or features; or (c) remove existing Games or features. Although GameSims® sometimes may provide you with notice of changes, GameSims® reserves the right to make changes without notice.

  • 5 CHARACTERS, FEATURES, PAYMENTS

    • 5.1 FIRST CHARACTER

      The Games are generally based on the impersonation of a character. All members are granted a character in each Game free of charge, while every other character added can be done so through a purchase order.

    • 5.2 CHARACTERS

      There are up to three levels of characters that can be purchased. Details will be available in each Game. Characters allow a member to experience the Game through another perspective. A member can use all his or her characters through the violation of the terms of service.

    • 5.3 FEATURES

      Some features are payment based and therefore are available only upon payment received. Features may vary from Game to Game. Details on which features are available for a specific Game, the costs of such Premium Features, payment options, and any other requirements will be listed on the web page of each Game.

    • 5.4 PAYMENTS

      All payments are non-refundable and will be retained if a member is in violation of the terms of service.

    • 5.4 ADJUSTMENT OF PRICING AND CHANGES TO SERVICES

      GameSims® may, at any time, modify the fees for characters and features or introduce new features or forms of payment. In the event that GameSims® modifies the fee for any feature, GameSims® will provide notice to users one month before the change will take place. The modified fee will take effect on the date indicated in the notice.

      As the Games are developed and improved, GameSims® reserves the right to discontinue any features and/or to offer them free of charge. If you have paid for that feature the tickets will be reinversed but no payment will be refunded.

  • 6 RULES OF CONDUCT

    The following is a partial list of the things that are illegal or prohibited on the Site. GameSims® reserves the right to investigate and take appropriate legal action against anyone who, in GameSims®’s sole discretion, engages in any of the prohibited activities. Prohibited activities include (but are not limited to) the following:

    • Using the Site for any purpose in violation of local, state, national, or international laws;
    • Reproducing, duplicating, copying, selling, reselling, or exploiting for any commercial purposes, any portion of the Site or any Game;
    • Sale or other transfer of user accounts
    • "Hacking," "Cracking," or otherwise attempting to circumvent any copyright protection, access control, or license-enforcement mechanisms associated with or related to the Site or any Game;
    • Forging any TCP/IP packet header or any part of the packet header in any e-mail or in any posting using the Site or any Game;
    • Use of non-authorized software or scripts;
    • Taking advantage of software errors (bugs);
    • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by GameSims® in providing the Site or any Game.
    • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
    • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GameSims® in its sole discretion or pursuant to local community standards. GameSims® takes no responsibility for monitoring such content or in evaluating it;
    • Posting advertisements or solicitations of business;
    • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
    • Posting chain letters or pyramid schemes;
    • Impersonating another person;
    • Distributing viruses or other harmful computer code;
    • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
    • Allowing any other person or entity to use your identification for posting or viewing comments;
    • Posting the same note more than once or "spamming";
    • Harassing, threatening, stalking, or abusing any person; or
    • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of GameSims®, exposes GameSims® or any of its customers or suppliers to any liability or detriment of any type.

  • 7 TERMINATION OF ACCOUNT

    GameSims® reserves the right in its sole discretion to disqualify and terminate the account of any individual for any reason including, but not limited to: (a) violation of these Terms of Use; (b) disrupting the play of any Game or acting in an unsportsmanlike manner; (c) failure to pay fees in a timely manner; or (d) failure to log on to an account for more than two (2) months. If you believe your account has been terminated in error contact GameSims® via http://www.gamesims.com/Home/ContactUs .

  • 8 CANCELLATION OF ACCOUNT

    If you want to cancel a subscription you may do so by sending a message to GameSims® via http://www.gamesims.com/Home/ContactUs. Please select the cancel topic and please provide us with your feedback for the reasons of your cancellation.

  • 9 TECHNICAL REQUIREMENTS

    Technical requirements, instructions, and rules are listed on the Site. GameSims® does not provide, install, or support any third-party software that may be necessary to run any Game. You are solely responsible for obtaining and installing any third-party software that may be necessary to run any Game. GameSims® is not liable for damages or loss of data that may be caused by the installation or use of any third-party software.

  • 10 ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS

    By registering for an account, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by GameSims®. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy of a Game for your personal, non-commercial home use only, provided you keep all copyright and other proprietary notices intact. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your identification number. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. GameSims® neither warrants nor represents that your use of materials contained on the Site will not infringe rights of third parties.

    The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all Games, are registered and unregistered Trademarks of GameSims® and/or other parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the GameSims® or any other Trademark owner. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. GameSims® will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, where appropriate.

  • 11 SUBMISSIONS BY YOU

    Any communication or material you send to GameSims® or post on the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by GameSims® for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. GameSims® may, in its sole discretion, remove or edit any content that it deems to be inappropriate, offensive, or otherwise in violation of these Terms of Use. Furthermore, GameSims® is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to GameSims® or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without obtaining your permission and without any compensation to you.

  • 12 WARRANTIES

    The Site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, GameSims®, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. GameSims® makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. GameSims® cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. GameSims® cannot and does not guarantee or warrant that files available for downloading from this Site will be free of defects or of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. GameSims® cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. GameSims® does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

  • 13 LIMITATION OF LIABILITY

    GameSims®’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GameSims® IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY GAMES. GameSims® AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR PHONE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GameSims® HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, GameSims®’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  • 14 PRIVACY

    Unless otherwise required by law or permitted by you, GameSims® will collect, process, or use personally identifiable information for the purposes of allowing you to register for the Site, to play Games, to bill you for services and to contact you with information or promotional material we believe will be of interest. GameSims® reserves the right to collect and share general demographic information and other market information that does not personally identify you without additional consent. GameSims®, its subsidiaries or affiliates or its marketing partners may send you information about new Games, or other features on the Site. However, you will have the opportunity to opt-out of receiving any commercial e-mail messages. Click here for the GameSims® Privacy Policy Privacy Policy .

  • 15 COPYRIGHT PROTECTION

    If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting GameSims® (as set forth below) and providing the following information:

    • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
    • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
    • Your name, address, telephone number, and e-mail address.
    • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
    • A signature or the electronic equivalent from the copyright holder or authorized representative.
    • Send this information using the Contact Us section.

    In an effort to protect the rights of copyright owners, GameSims® maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

  • 16 GOVERNING LAW

    These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the federal or state courts located in the State of California, County of Los Angeles, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

    Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, your play of any Game shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California, County of San Francisco.

    If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.