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FUNTACTIX INC.
End User License Agreement for Moondo Software (the “Software”)
IMPORTANT - READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) BEFORE INSTALLING THE SOFTWARE FROM HTTP://www.moondo.com (THE "SITE"). BY SELECTING THE "I ACCEPT" BUTTON BELOW, AND CLICKING "NEXT" OR BY INSTALLING THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, Moondo.com`s TERMS OF USE AVAILABLE AT [www.moondo.com/terms] AND Moondo`s PRIVACY POLICY AVAILABLE AT [www.moondo.com/privacy]. IF YOU DO NOT SELECT "I ACCEPT," THE INSTALLATION PROCESS WILL NOT PROCEED. DO NOT SELECT "I ACCEPT," OR INSTALL THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS DO NOT INSTALL THE SOFTWARE.
FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.
THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU ("YOU"), AND FUNTACTIX INC. ("FUNTACTIX"), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.
IMPORTANT NOTICE
You represent and warrant that You are at least 13 years old.
Please note that the Software is not for use by children less than 13 years of age. If it comes to Funtactix`s attention through reliable means that a registered user is a child under 13 years of age, Funtactix will cancel that user`s account.
BETA SOFTWARE
Please note that this is a beta version of the Software and community web site. Not all features may be fully implemented or refined. As with any beta version, there may be unresolved issues despite our testing. Do not use this beta version of the Software unless you are comfortable using beta software. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. The entire risk as to the results and performance of the Software is assumed by you. By using the beta version of the Software, You agree not to hold Funtactix liable for any damages or complications arising from the use of the Software. If you encounter any problems during use, please take note of what you were doing and what happened, and contact us through our Site
GRANT OF LICENSE.
Subject to these Terms, Funtactix grants to you a limited, personal, non-exclusive, non-sublicensable, non-assignable, nontransferable license to use the Software for the sole purpose of playing games over the Internet for Your entertainment purposes only ("Services"). Funtactix reserves all rights in the Software not expressly granted herein, including with limitation ownership and proprietary rights.
Funtactix is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Service or any part thereof, without any notice to You for the repair, improvement, and/or upgrade of the Service or for any of the reasons for termination as mentioned below.
Funtactix may change the any technical features of the Service in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to You.
LICENSE EXCLUSIONS.
You may not make any use of the Software in whole or in part that is not expressly permitted by these Terms. The license granted herein is solely for your benefit and may be used only for your internal purposes. No license, right or interest in any Funtactix trademark, trade name or service mark is granted hereunder. You shall take no action designed to defeat the operation of any security measure incorporated in the Software and moondo.com website.
You acknowledge and agree to use the Service solely for lawful purposes. You agree that you shall not, under any circumstances,
(i) Copy or modify any software that connecting to the Software;
(ii) Reverse engineer, decompile, or disassemble all or any portion of the Software;
(iii) Sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall You rent, lease or license the Software to others;
(iv) Exploit the Software or any of its parts for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Funtactix;
(v) Facilitate, create or maintain any unauthorized connection to the Software or the Service, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Software. All connections to the Software and/or the Service, may only be made through methods and means expressly approved by Funtactix. Under no circumstances may You connect, or create tools that allow You or others to connect, to the Software`s proprietary interface other than those expressly provided by Funtactix for public use;
(vi) use the Software and/or Service in any fraudulent way; or
(vii) Download the Software on to a computer available to the public such as in Internet café or libraries.
OWNERSHIP.
All title, ownership rights, service marks, logos, trade names, trade dress, trademarks, right, copyright and any other applicable intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Funtactix. The Software is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of these Terms. Any violation of the terms set forth herein may result in severe civil and criminal penalties
LIMITATION OF LIABILITY AND WARRANTY.
THE SOFTWARE, THE ACCOMPANYING DOCUMENTATION AND ACCESS TO THE WWW.MOONDO.COM WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FUNTACTIX, ITS AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, EMPLOYEES AND ITS THIRD PARTY LICENSORS, IF ANY, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NON- INFRINGEMENT OR DESCRIPTION, WITH RESPECT TO THE SOFTWARE, MOONDO.COM WEBSITE, SERVICES AND ANY ACCOMPANYING DOCUMENTATION. IN NO EVENT SHALL FUNTACTIX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICES, EVEN IF FUNTACTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER FUNTACTIX NOR ANY OF ITS AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, EMPLOYEES OR ITS THIRD PARTY LICENSORS WARRANTS THAT THE SOFTWARE, WEBSITE, OR SERVICES WILL BE FREE FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINATING OR DESTRUCTIVE BY NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR DESTROY YOUR SYSTEM OR DATA.
NEITHER FUNTACTIX NOR ANY OF ITS AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, EMPLOYEES OR ITS THIRD PARTY LICENSORS WARRANTS THAT THE SOFTWARE OR SERVICES ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
THE SOFTWARE AND WEBSITE ARE BEING PROVIDED TO YOU FREE OF CHARGE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT FUNTACTIX, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE OR WEBSITE IS TO DEINSTALL AND CEASE USE OF SUCH SOFTWARE.
UPDATES.
These Terms apply to downloading, installing and using the Software. Funtactix may from time to time deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to use the Services. Funtactix may update the Software remotely residing on the user`s machine, without the knowledge or consent of the user, and You hereby grant to Funtactix Your consent to deploy and apply such patches, updates and modifications.
INDEMNIFICATION
You agree to indemnify and hold Funtactix, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by You of these Terms or asserted by any third party due to or arising out of Your use of or conduct with respect to the Software and/or Services.
EXPORT RESTRICTIONS
You acknowledge that the Software and Site may be subject to international rules that govern the export of software and Site. You agree to comply with all applicable international and national laws that apply to the Software and Site as well as end-user, end-use and destination restrictions issued by national governments.
TERMINATION.
These Terms is effective until terminated. You may terminate these Terms at any time by (i) permanently destroying all copies of the Software in Your possession or control; (ii) removing the Software from Your hard drive; and (iii) notifying Funtactix of Your intention to terminate these Terms. Funtactix may terminate this Agreement at any time for any reason or no reason. In such event, You must immediately and permanently destroy all copies of the Software in Your possession and control and remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
The provisions in the paragraphs above labeled OWNERSHIP, LIMITATION OF LIABILITY AND WARRANTY and INDEMNIFICATION will survive any termination of these Terms.
CHANGE IN THE AGREEMENT.
Funtactix reserves the right to modify these Terms at any time by providing such revised terms to you or by publishing the revised terms on the Site. The revised Terms shall become effective within seven (7) days of such publishing or provision to you, unless you expressly accept the revised Terms earlier by clicking on the accept button. The express acceptance by you, or your continued use of the Software after expiry of the notice period of seven (7) days, shall constitute your acceptance to be bound by the terms and conditions of the revised Terms. You can find the latest version of these Terms at the Site. Funtactix may change, modify, suspend, or discontinue any aspect of the Software and/or Site and/or Services at any time. Funtactix may also impose limits on certain features or restrict your access to parts or all of the Software and/or Site and/or Services without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.
GENERAL.
All disputes arising out of these Terms shall be subject to the sole and exclusive jurisdiction of courts in New York, New York, except that parties may bring actions for injunctive relief only in any court of competent jurisdiction. No waiver, alteration, or modification of the provisions of these Terms or any of the terms of a purchase order will be valid unless made in writing and signed by a corporate officer of Funtactix. If any provision or provisions of these Terms are determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions of these terms will not in any way be affected or impaired thereby. You may not assign these Terms to any third party; provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT BY CLICKING “I ACCEPT” OR INSTALLING THE SOFTWARE I AM ACKNOWLEDGING MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.
Last revised: 28/4/2008.