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FIENDS.COM PORTAL LICENSE AGREEMENT
Last Update: March 31st, 2003
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1. Purpose of Agreement and Notice of Change of Terms
Fred's Friends, Inc. (Fiends.com) provides its service to you, subject to the
rules and restrictions for Fiends.com's website posted at:
http://www.Fiends.com/Company/Conduct.jsp,
and subject to the following terms. The rules and restrictions for the website
and the terms of this agreement may be updated by Fiends.com from time to time
without notice to you. You can review the most current version of Fiends.com's
terms at any time at:
http://www.Fiends.com/Company/License/Portal.jsp.
The rules and restrictions include, without limitation, prohibitions against
spamming, using foul language, hacking, and advocating hacking. Any violation
of the rules and restrictions, or breach of the terms of this Agreement may
result in Fiends.com's refusing service to you.
2. Description of Service
Fiends.com provides users with a portal to several games and associated
information and message boards and other features (the "Service"). The Service
includes the option to view the Fiends.com's website with special game features.
Unless explicitly stated otherwise, any new features that augment or enhance the
current Service, including the release of new Fiends.com games, shall be subject
to the terms of this Agreement. You understand and agree that the Service is
provided "AS-IS" and that Fiends.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
3. Modifications to Service
Fiends.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Fiends.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
4. Fees and Payments
Fiends.com will charge you fees for access to Fiends.com's Premier offerings.
In order to use the Service or designated portions of the Service you will be
required to register and create an account. You agree to pay all fees and charges,
including applicable taxes, incurred through your account at the rates in effect
for the billing period in which such fees and charges are incurred. Fiends.com
reserves the right to change the amount of, or basis for determining, any Fees,
and to institute new Fees, effective upon prior notice to you. In order to set
up an account with Fiends.com you must provide valid credit card information to
a credit card processor designated by Fiends.com. By providing such credit card
information, you give Fiends.com permission to charge all Fees incurred through
your account to the credit card you designate. All Fees (other than renewal fees)
will be charged at the time they are incurred. Your right to use the Service is
subject to any restrictions established by Fiends.com or by your credit card issuer.
If payment cannot be charged to your credit card or your payment is returned to
Fiends.com for any reason, including charge back, Fiends.com reserves the right
to either suspend or terminate your account and all Fiends.com's obligations
under this Agreement. If you have reason to believe that your account is no
longer secure (for example, in the event of a loss, theft or unauthorized
disclosure or use of your name or password), you must promptly change your
password and notify Fiends.com of the problem via this form:
http://www.fiends.com/Company/Support/Contact.jsp
5. Registration and Account Creation
As part of the registration and account creation process required to obtain
access to this Service, you will provide Fiends.com with certain registration
information, including your email address, all of which must be accurate and
updated, and an online name of your selection. Fiends.com will determine if the
name and registration information are acceptable and, if so, email a password to
your email address. You will be solely responsible for maintaining the
confidentiality of your password. You are solely responsible for all usage or
activity on your Fiends.com account including, but not limited to, use of the
account by any person authorized by you to use your subscriber ID and password.
6. Non-Transferability of Subscription
Your right to use this site is personal to you and you may not sub-license,
transfer, sell or assign this agreement to any third party without our approval.
Any attempt to do so will be void.
7. Sponsors, Third Parties and Advertisers
Your correspondence, business, or personal dealings with sponsors, other users,
advertisers, or any other third parties found on or through the Service, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such other party. You agree that Fiends.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such sponsors, other users,
advertisers, or any other third parties on the Service.
8. Links
Fiends.com may provide, or third parties may provide, on Fiends.com's website
links to other websites or resources. You acknowledge and agree that Fiends.com
is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content, accuracy,
quality, advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Fiends.com shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Fiends.com EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Fiends.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT
THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT
ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Fiends.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS AGREEMENT.
e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR
THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Fiends.com AND REMAINS THE
RESPONSIBILITY OF SUCH THIRD PARTIES.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fiends.com SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF Fiends.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY
TO YOU. IN SUCH JURISDICTIONS, Fiends.com's LIABILITY TO YOU SHALL BE LIMITED TO
YOUR SUBSCRIPTION PAYMENTS.
12. Trademark and Other Intellectual Property Rights
All materials on this site ("Online Materials"), including, without limitation,
names, logos, trademarks, service marks, images, articles, columns, graphics,
photographs, illustrations, artwork, audio clips, video clips, software, and
other elements making up the Service are protected by copyrights and other
intellectual property rights owned and controlled by Fiends.com or by other
parties that have licensed their material to Fiends.com. Except as specifically
provided herein, no Online Materials may be copied, reproduced, republished,
downloaded, posted, transmitted, or distributed in any way, or otherwise used
for any purpose, without the prior written permission of their respective
owners. You may not add, delete, distort, or otherwise modify the content on
this site. Any unauthorized attempt to modify any Online Material, to defeat
security features, or to utilize this site for other than its intended purposes
is prohibited. Fiends.com, Fred's Friends, Inc., Dragon Court, Blast Doors, and
other Fiends.com's logos and product and service names are trademarks of Fred's
Friends, Inc. All other trademarks appearing on the website are trademarks of
their respective owners and our reference to them does not imply or indicate
any approval or endorsement by their owners unless such approval or endorsement
is expressly made. Fiends.com will enforce its intellectual property rights to
the fullest extent of the law. If you are aware that Fiends.com's content or
trademarks are being misused, you must contact Fiends.com as soon as possible:
http://www.fiends.com/Company/Support/Contact.jsp
13. Non-Waiver
The failure of Fiends.com to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision. If any
provision of the Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
14. Headings
The section titles in this Agreement are for convenience only and have no legal
or contractual effect.
15. Indemnification:
You agree to indemnify, defend and hold Fiends.com harmless from any claims and
expenses, including reasonable attorneys' fees, arising from or related to any
breach by you of any terms of this Agreement.
16. Comments Or Materials Posted on Boards:
Any comments or materials sent by you to Fiends.com, including without limitation,
questions, comments, suggestions, criticisms or the like ("Received Materials")
shall be deemed to be non-confidential and free of any claims of proprietary or
personal rights. Fiends.com shall have no obligation of any kind with respect to
such Received Materials and Fiends.com will be free to reproduce, use, disclose,
exhibit, display, transform, edit, abridge, create derivative works from and/or
distribute the Received Materials without limitation or restriction. Furthermore,
Fiends.com is free to use any ideas, concepts, know-how, or techniques contained
in any communication you send to Fiends.com for any purpose whatsoever, including,
but not limited to, developing, manufacturing, and marketing products using such
information, without compensation or any other obligations to anyone, including
you.
17. Privacy
You can read Fiends.com's privacy statement here:
http://www.fiends.com/Company/Privacy.jsp
18. Restrictions On Use
You may not use Fiends.com or its content for any illegal purpose or in any
manner inconsistent with this Agreement. You agree to use Fiends.com solely for
your own noncommercial use and benefit and not for resale or other transfer or
disposition to any other person or entity.
19. Entire Agreement:
This Agreement and the rules and restrictions posted at the Fiends.com's
website constitute the entire agreement between you and Fiends.com and govern
your use of the Service.
20. Refusal or Discontinuance of Service:
Fiends.com reserves the right to refuse or discontinue service to any user for
non-compliance with this Agreement.
21. Choice of Law and Forum:
This Agreement will be governed by the laws of the State of Oregon. Any dispute
arising from the terms of this agreement or breach of this agreement will be
governed by the laws of the State of Oregon and you agree to personal jurisdiction
by the state and federal courts sitting in Portland, Oregon.