Terms and Conditions of Usage

It is important to read the following Terms and Conditions of Usage. Your use of the web site www.puzzoo.com (the "SITE") and the Game Software (the "SOFTWARE PRODUCTS") constitutes your agreement to abide by these Terms and Conditions of Usage. If you do not agree to them, do not use the SITE or the SOFTWARE PRODUCTS. The SITE is owned and operated by Puzzoo, Inc. ("PUZZOO").


Trademark Notice

"Puzzoo", "EXOR", "STAX", "TriQ", "SUMSUMO", "EXORtoon", "PixWiz", "Fortune Pond", "Looper Puzzle" and other related marks are trademarks and service marks of Puzzoo and are protected by law. They may be used publicly only with permission from Puzzoo. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED.


Copyright Notice

All materials, software and games published on the SITE are protected by copyright, and owned or controlled by or licensed to PUZZOO, or the party listed as the provider of the content, software, games or other materials.

All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT and any copies thereof are owned by Zeki Orak, Puzzoo, Inc. and are protected by applicable copyright, trademarks, patents, or other intellectual property laws and treaties. This Agreement grants you no rights to such content.

UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, DISTRIBUTION, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED.

You may download any downloadable materials displayed on the SITE for the specified uses only, provided that you maintain all copyright, trademark and other notices contained in such material and you agree to abide by all additional copyright notices, information or restrictions contained in any material accessed through the SITE.

You may not sell, resell, transfer, sublicense, rent, lease or lend any portion of the SOFTWARE PRODUCT, or translate, modify, copy, reverse engineer, decompile, disassemble, make any attempt to discover the source code of the SOFTWARE PRODUCT, or create derivative works from the SOFTWARE PRODUCT.

Any reproduction or redistribution of the SOFTWARE PRODUCT not in accordance with these Terms and Conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE PRODUCT TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Except as expressly provided in separate license agreements, PUZZOO and its suppliers of the SITE materials and SOFTWARE PRODUCTS do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information.


No Warranty

The SOFTWARE PRODUCTS are the property of Puzzoo, Inc. or its licensors and are protected by copyright law. The SOFTWARE PRODUCT is provided "as is", without warranty of any kind, either expressed or implied, regarding the operation of the SOFTWARE PRODUCT, including warranties of merchantability or its fitness for use for any particular purpose, title, and noninfringement.

ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. The SOFTWARE PRODUCT is provided for personal use only. By installing the SOFTWARE PRODUCT, you agree to accept all liability regarding its use or misuse.

The SITE (including, without limitation, all content, software, functions, subscription services, materials and information made available or described on the SITE or accessed by means thereof) and any marketing or promotional activities or any other item or service provided via the SITE is provided as is, without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement.

To the fullest extent permissible by law, PUZZOO shall not be liable for the use of the SITE under any circumstances. Without limiting the foregoing, PUZZOO makes no warranty or representation, either express or implied, that the access to, the operation, or the functions contained in the SITE or any services will be uninterrupted or error-free, that defects will be corrected, that the SITE or services will meet any particular criteria of performance or quality or that the SITE, including the forum facilities or the server(s) on which the SITE is operated, is free of viruses or other harmful components.


DISCLAIMER: Limitation of Damages

Puzzoo does not recommend use of its service or SOFTWARE PRODUCTS during certain activities, such as automobile driving, where there exists a significant risk of accident or injury. The user of Puzzooís SOFTWARE PRODUCTS and the SITE agrees not to use PUZZOOís service or games during such activities and acknowledges that any such use would be a violation of these Terms and Conditions of Usage and is at user's sole risk and PUZZOO will not be responsible for any direct, incidental, consequential, special or punitive damages resulting from such use.

Puzzoo is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the SITE as a result of your use of the SITE nor for any delays, inaccuracies, errors or omissions arising out of your use of the SITE or with respect to the material contained on the SITE, including without limitation, any material posted on the SITE.

PUZZOO will not be responsible for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the SITE and/or the materials and information contained on or available through the SITE, whether the material is provided by PUZZOO or a third party.

Neither PUZZOO nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the SITE or use PUZZOOís services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.

Use of the SITE is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the SITE. You hereby release us and our affiliates from any and all obligations, liabilities and claims in excess of this limitation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you

Our total liability hereunder is limited to the amount, if any, actually paid by you for purchase of the SOFTWARE PRODUCT. IN NO CASE SHALL PUZZOOíS LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software EULA.


Privacy

Your use of the SITE constitutes your consent to PUZZOOíS privacy policy. You may review the current Puzzoo privacy policy on this SITE.


Modification of Terms and Conditions of Usage

Puzzoo reserves the right to revise these Terms and Conditions of Usage at any time by updating this posting. Your continued use of the SITE constitutes your agreement to comply with such revisions, so you should visit this page from time to time. Certain provisions of these Terms and Conditions of Usage may be superseded by expressly designated legal notices or terms on particular pages of the SITE or in separate written agreements between Puzzoo and you.


Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)

WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the SITE, or otherwise connected with your use of the SITE. For more information, please see our Privacy Policy.


Export Rules

You agree that the SOFTWARE PRODUCT will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the SOFTWARE PRODUCT is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the SOFTWARE PRODUCT are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.


Indemnification

You agree to indemnify and hold PUZZOO and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SITE, violation of these Terms and Conditions of Usage, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.


Applicable Laws

PUZZOO operates the SITE from its offices in San Francisco, California and makes no representations that materials in the SITE are appropriate or available for use in other locations. Access to the SITE from any territory where the content is illegal is prohibited. If you choose to access the SITE from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the SITE alone does not subject PUZZOO to any specific jurisdiction. Any claim related to the use of the SITE or to the SITE materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the SITE, SITE content, or SOFTWARE PRODUCT shall be brought in either the state or federal courts with jurisdiction in San Francisco County, California.

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