We reserve the right to change these Terms in any way and at any time. You are responsible for regularly reviewing these Terms. The most current version of these Terms can be reviewed by clicking the "Terms of Service" hyperlink located within the Services. If you do not agree to these Terms or any changes or updates, your only remedy is not to use the Services and to cancel any accounts you have signed up for. Your continued use of the Services after a change or update has been made to these Terms will constitute your acceptance of such change or update.
If you violate these Terms, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Official Human is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
We reserve the right to deny, at our sole discretion, any user access to the Services without notice for any or no reason (including, without limitation, for violation of these Terms).
We reserve 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.
You agree to be bound by any Service specific rules published within the Service.
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 these Terms.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete, accurate and true information as prompted by the applicable registration form. You may be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by Official Human), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Official Human immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Official Human). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Official Human or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Where the Services utilize the account management of a social networking website (such as Facebook), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Official Human has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Official Human 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). Official Human reserves the right to terminate accounts that have been inactive for 180 consecutive days.
Official Human may charge subscription fees to access certain Services. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR OFFICIAL HUMAN ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES.
Official Human may also grant you an opportunity to purchase a subscription for the lifetime of a Service. Lifetime of a Service is defined as the duration of time a Service is operational in a substantially similar form to the Service's form on the day when the lifetime subscription is purchased. Official Human has the sole and absolute discretion to determine what constitutes a substantially similar form of a Service.
Official Human may terminate any subscription, including lifetime subscriptions, at any time without notice due to violation(s) of these Terms.
While using our Services, you may have the opportunity to use 'coins' or other online currency to license a variety of virtual in-Service items that can be used within the Service. You may be required to pay a fee in order to obtain coins or other online currency. Official Human reserves the right in its sole discretion to change the number of coins or other online currency you will be entitled to purchase for a given fee. YOUR PURCHASE OF COINS OR OTHER ONLINE CURRENCY IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR OFFICIAL HUMAN ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL IN-SERVICE ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL IN-SERVICE ITEMS. Official Human shall have no liability for hacking or loss of virtual in-Service items from your account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any virtual in-Service items lost due to your violations of these Terms. Official Human reserves the right, without prior notification, to limit the order quantity on any virtual in-Service item and/or to refuse to provide you with any virtual in-Service item. Verification of certain information applicable to a transaction involving a virtual in-Service item may be required prior to our acceptance thereof. Price and availability of the virtual in-Service items are subject to change without notice.
You hereby agree to pay all fees or charges incurred by your account, including taxes, in accordance with these Terms and the billing terms for access to the Services that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.
We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to Official Human. Official Human may also provide access to third-party vendors who provide content, goods and/or services in the Services or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Official Human makes no representation or warranty regarding any content, goods and/or services provided by any third-party.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any assets (including, without limitation, your account, credits, currency, coins or any other virtual in-game items or other materials appearing in or generated by the Services), information, software, products or services obtained from the Services, without the express written consent of Official Human. You hereby acknowledge and agree that you have no proprietary interest in any account, credits, currency, coin or any other virtual in-Service items or any other materials appearing in or generated by the Services.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair any Official Human server, or the network(s) connected to any Official Human server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Official Human server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
The Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text). The entire contents of the Service and each area contained therein are copyright protected under the laws of United States and/or similar laws of other jurisdictions. Official Human owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that Official Human, and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Official Human and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.
You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Official Human.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Official Human in connection with the use of the Service shall be the exclusive property of Official Human. You agree that unless otherwise prohibited by law Official Human may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
The Services may contain e-mail services, sms services, bulletin board services, chat areas (text and voice), comments, news groups, forums, communities, personal web pages, calendars, image albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. Official Human has no obligation to monitor the Communication Services. However, Official Human reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Official Human reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Official Human, and such communications shall not be considered reviewed, screened or approved by Official Human. Statements made in comments, forums, conferences, bulletin boards and chats reflect only the views of their authors. Official Human specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators are not authorized Official Human spokespersons, and their views do not necessarily reflect those of Official Human.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Official Human is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
Official Human reserves the right at all times to disclose any information or materials found on the Communications Services as Official Human deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in Official Human's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:
- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
- Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.
- Except as expressly authorized by Official Human, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively 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 (continuous posting repetitive text), are prohibited.
- Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
- Impersonate or create a false identity (such as a celebrity or Official Human representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Attempt to get a password, other account information, or other private information from a member or any other user of such Services.
- Improperly use in-game support or complaint buttons or make false reports to Official Human administrators and moderators.
- Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.
- Use Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Resell or make any commercial use of the Services without the prior express written consent of Official Human.
- Use the Services for fraudulent transactions including, without limitation, in-Service virtual transactions.
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any Service error, miscue or bug.
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 Official Human and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, video, audio, podcasts, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to Official Human will be treated as non-confidential and non-proprietary.
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 Official Human incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to Official Human 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.
Official Human has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Official Human does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
Official Human 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. Official Human may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability.
You acknowledge that you do not rely on Official Human 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.
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 Official Human and hereby agree to indemnify Official Human 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.
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 OFFICIAL HUMAN 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 OFFICIAL HUMAN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE OFFICIAL HUMAN 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.
UNDER NO CIRCUMSTANCES WILL THE OFFICIAL HUMAN PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID OFFICIAL HUMAN IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
You agree to defend, indemnify and hold harmless the Official Human 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.
This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of New York governing contracts entered into and to be fully performed in New York (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in New York County, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in New York County, New York.
You acknowledge that the rights granted and obligations made hereunder to Official Human are of a unique and irreplaceable nature, the loss of which shall irreparably harm Official Human and which cannot be replaced by monetary damages alone so that Official Human shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you and Official Human agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Official Human, PO Box 4079, 1449 Whalley Ave, New Haven, CT 06515.
Binding Arbitration: If you and Official Human are unable to resolve a Dispute through informal negotiations, either you or Official Human may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Official Human will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Official Human may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Restrictions: You and Official Human agree that any arbitration shall be limited to the Dispute between Official Human and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration: You and Official Human agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Official Human's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
The failure of Official Human to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Official Human's right to assert or rely upon any such provision or right in that or any other instance.
You and Official Human agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor Official Human will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and you and Official Human agree to submit to the personal jurisdiction of that court.
Official Human makes no representation that the Service is appropriate or available in locations other than United States. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Official Human to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Official Human or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Official Human if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Official Human's prior written consent. These Terms contain the entire understanding of you and Official Human, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Official Human. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Official Human's request, you will furnish Official Human any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Official Human by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this Service in a way that may constitute copyright infringement, you may provide notice of your claim to Official Human's Designated Agent listed below. For your notice to be effective, it must include the following information: i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii) A description of the copyrighted work that you claim has been infringed upon; iii) A description of where the material that you claim is infringing is located on this game; iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. vii) Official Human's Designated Agent is: Official Human, Designated Agent, PO Box 4079, 1449 Whalley Ave, New Haven, CT 06515