TERMS AND CONDITIONS

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Introduction

These terms and conditions govern your use of this game and or website; by using either the game or website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this game or website.

[You must be at least [18] years of age to use this game or website.  By using this game or game or website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

[This game or website uses cookies.  By using this game or website and agreeing to these terms and conditions, you consent to our Xylemark's use of cookies in accordance with the terms of Xylemark's [privacy policy / cookies policy].]

License to use game and game or website

Unless otherwise stated, Xylemark and/or its licensors own the intellectual property rights in the game or website and material on the game or website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the game or website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

• republish material from this game or website (including republication on another game or website);

• sell, rent or sub-license material from the game or website;

• show any material from the game or website in public;

• reproduce, duplicate, copy or otherwise exploit material on this game or website for a commercial purpose;]

• [edit or otherwise modify any material on the game or website; or]

• [redistribute material from this game or website [except for content specifically and expressly made available for redistribution].]

   

  [Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

   

  Acceptable use

   

  You must not use this game or website in any way that causes, or may cause, damage to the game or website or impairment of the availability or accessibility of the game or website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

   

  You must not use this game or website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

   

  You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this game or website without [XYLEMARK’S] express written consent.

   

  [You must not use this game or game or website to transmit or send unsolicited commercial communications.]

   

  [You must not use this game or website for any purposes related to marketing without [XYLEMARK’S] express written consent.] 

   

  Restricted access

   

  [Access to certain areas of this game or website is restricted.]  Xylemark reserves the right to restrict access to [other] areas of this game or website, or indeed this entire game or website, at [XYLEMARK’S] discretion.

   

  If Xylemark provides you with a user ID and password to enable you to access restricted areas of this game or website or other content or services, you must ensure that the user ID and password are kept confidential. 

   

  [Xylemark may disable your user ID and password in [XYLEMARK’S] sole discretion without notice or explanation.]

   

  User content

   

  In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this game or website, for whatever purpose.

   

  You grant to Xylemark a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Xylemark the right to sub-license these rights, and the right to bring an action for infringement of these rights.

   

  Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Xylemark or a third party (in each case under any applicable law). 

   

  You must not submit any user content to the game or website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

   

  Xylemark reserves the right to edit or remove any material submitted to this game or website, or stored on [XYLEMARK’S] servers, or hosted or published upon this game or website.

   

  [Notwithstanding [XYLEMARK’S] rights under these terms and conditions in relation to user content, Xylemark does not undertake to monitor the submission of such content to, or the publication of such content on, this game or website.]

   

  No warranties

   

  This game or website is provided “as is” without any representations or warranties, express or implied.  Xylemark makes no representations or warranties in relation to this game or website or the information and materials provided on this game or website. 

   

  Without prejudice to the generality of the foregoing paragraph, Xylemark does not warrant that:

   

• this game or website will be constantly available, or available at all; or

• the information on this game or website is complete, true, accurate or non-misleading.

   

  Nothing on this game or website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

   

  Limitations of liability

   

  Xylemark will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this game or website:

   

• [to the extent that the game or website is provided free-of-charge, for any direct loss;]

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

   

  These limitations of liability apply even if Xylemark has been expressly advised of the potential loss.

   

  Exceptions

   

  Nothing in this game or website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this game or website disclaimer will exclude or limit [XYLEMARK’S] liability in respect of any:

   

• death or personal injury caused by [XYLEMARK’S] negligence;

• fraud or fraudulent misrepresentation on the part of Xylemark; or

• matter which it would be illegal or unlawful for Xylemark to exclude or limit, or to attempt or purport to exclude or limit, its liability.

   

  Reasonableness

   

  By using this game or website, you agree that the exclusions and limitations of liability set out in this game or website disclaimer are reasonable. 

   

  If you do not think they are reasonable, you must not use this game or website.

   

  Other parties

   

  [You accept that, as a limited liability entity, Xylemark has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against [XYLEMARK’S] officers or employees in respect of any losses you suffer in connection with the game or website.]

   

  [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this game or website disclaimer will protect [XYLEMARK’S] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Xylemark.

   

  Unenforceable provisions

   

  If any provision of this game or website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this game or website disclaimer.

   

  Indemnity

   

  You hereby indemnify Xylemark and undertake to keep Xylemark indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Xylemark to a third party in settlement of a claim or dispute on the advice of [XYLEMARK’S] legal advisers) incurred or suffered by Xylemark arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

   

  Breaches of these terms and conditions

   

  Without prejudice to [XYLEMARK’S] other rights under these terms and conditions, if you breach these terms and conditions in any way, Xylemark may take such action as Xylemark deems appropriate to deal with the breach, including suspending your access to the game or website, prohibiting you from accessing the game or website, blocking computers using your IP address from accessing the game or website, contacting your internet service provider to request that they block your access to the game or website and/or bringing court proceedings against you.

   

  Variation

   

  Xylemark may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this game or website from the date of the publication of the revised terms and conditions on this game or website.  Please check this page regularly to ensure you are familiar with the current version.

   

  Assignment

   

  Xylemark may transfer, sub-contract or otherwise deal with [XYLEMARK’S] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

   

  You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

   

  Severability

   

  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

   

  Entire agreement

   

  These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and Xylemark in relation to your use of this game or website, and supersede all previous agreements in respect of your use of this game or website.

   

  Law and jurisdiction

   

  These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

   

   

  [XYLEMARK’S] details

   

  The full name of Xylemark is Xylemark Games Corp. 

   

   

  You can contact Xylemark by email to info@xylemarkgames.com

   

PRIVACY STATEMENT

Your privacy is important to Xylemark Games Corp. Inc. Herein known as “Xylemark”.  This privacy statement provides information about the personal information that Xylemark collects, and the ways in which Xylemark uses that personal information.

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Personal information collection

Xylemark may collect and use the following kinds of personal information:

• [information about your use of this game (Even Steven)]

• [information that you provide using for the purpose of registering with the game (Even Steven) (including; user ID and email address]]

  Using personal information

  Xylemark may use your personal information to:

• [administer this game;]

• [personalize the game for you;]

• [enable your access to and use of the game and website services;]

• [send to you products that you purchase;]

• [supply to you services that you purchase;]

• [collect payments from you; and]

• [send you marketing communications.]

   

  Where Xylemark discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

   

  In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Xylemark may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

   

  Securing your data

   

  Xylemark will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

   

  Xylemark will store all the personal information you provide [on its secure servers].

   

  [Information relating to electronic transactions entered into via this website will be protected by encryption technology.]

   

  Cross-border data transfers

   

  Information that Xylemark collects may be stored and processed in and transferred between any of the countries in which Xylemark operates to enable the use of the information in accordance with this privacy policy.

   

  [In addition, personal information that you submit for publication on the game and or website will be published on the internet and may be available around the world.]

   

  You agree to such cross-border transfers of personal information.

   

  Updating this statement

   

  Xylemark may update this privacy policy by posting a new version on the game or on it’s website. 

   

  You should check this page occasionally to ensure you are familiar with any changes. 

   

  Other websites

   

   

  Xylemark is not responsible for the privacy policies or practices of any third party.

   

  Contact Xylemark

   

  If you have any questions about this privacy policy or Xylemark’s treatment of your personal information, please write:

   

  by email to info@xylemarkgames.com

   

  ANTI-SPAM POLICY

   

   

   

  What is spam?

   

  In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. 

   

  [XYLEMARK] has a zero-tolerance spam policy.

   

  Automated spam filtering

   

  [XYLEMARK]'s messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam. 

   

  Problems with spam filtering

   

  No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by [XYLEMARK'S] systems. 

   

  If you believe this has happened to a message you have sent, please advise the message recipient by another means.

   

  You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

   

  User spam

   

  [XYLEMARK] provides a facility that enables users to send [email messages / private messages] to others.  Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purposes

   

  [Receipt of unwanted messages from [XYLEMARK]

   

  In the unlikely event that you receive any message from [XYLEMARK] or sent using [XYLEMARK'S] systems that may be considered to be spam, please contact [XYLEMARK] using the details below and the matter will be investigated.]

   

  Changes to this anti-spam policy

   

  [XYLEMARK] may amend this anti-spam policy at any time by publishing a new version on this website.

   

  Contact us

   

  Should you have any questions about this anti-spam policy, please contact [XYLEMARK] using the details set out below:

   

  info@xylemarkgames.com

   

  COPYRIGHT NOTICE

   

  Copyright © [YEAR(S) OF FIRST PUBLICATION 2014”] [Xylemark Games Corp.]

   

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  Ownership of copyright

   

  The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by [XYLEMARK] [and its licensors].

   

  Copyright license

   

  [XYLEMARK] grants to you a worldwide non-exclusive royalty-free revocable license to:

   

• view this website and games and the material on this website on a computer or mobile device via a web browser;

• copy and store this website and the material on this website in your web browser cache memory; and

• print pages from this website for your own [personal and non-commercial] use.

   

  [XYLEMARK] does not grant you any other rights in relation to this website or game or the material on this website.   In other words, all other rights are reserved.

   

  For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without [XYLEMARK'S] prior written permission.  

   

  Data mining

   

  The automated and/or systematic collection of data from this website is prohibited.

   

  Permissions

   

  You may request permission to use the copyright materials on this website by writing to [EMAIL ADDRESS] or [ADDRESS].

   

  Enforcement of copyright

   

  [XYLEMARK] takes the protection of its copyright very seriously.

   

  If [XYLEMARK] discovers that you have used its copyright materials in contravention of the license above, [XYLEMARK] may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

   

  If you become aware of any use of [XYLEMARK'S] copyright materials that contravenes or may contravene the license above, please report this by email to info@xylemarkgames.com

   

  Infringing material

   

  If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to info@xylemarkgames.com

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com