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.
.
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.] . 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
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