Terms of Use

Updated May 27, 2010

Welcome to Cie Games

This Terms of Use Agreement (these “Terms”) is a legally binding agreement that governs your access and use of the games, content, applications, activities, purchases and other services (the “Services”) offered by Cie Games, a division of Cie Digital Labs, LLC, a California limited liability company (“Cie Games” or “we”). The Services may be made available through our website, third party social networking websites, or mobile versions thereof (this “Site”). By accessing and using any Services, you acknowledge that you have read, understand and agree to be legally bound by these Terms.

Children Under Age 13

The Services and this Site are offered and made available only to users 13 years of age or older. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES AND THIS SITE. By accessing and using this Site, you represent that you are 13 years old or older; and if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.

You may be required to open an Account directly with Cie Games by completing the registration process and providing true, accurate, current and complete information about yourself. Cie Games does not knowingly solicit any personally identifiable information from children under the age of 13. If we determine, in our sole discretion, that a person is under the age of 13, based on the information provided during the registration process, that person will not be permitted to register.

This Site may include hyperlinks to websites operated by third parties, including advertisers, sponsors, and other content providers that require registration. Any website links are provided to you as a convenience only. These websites may collect data or solicit personal information from children under the age of 13 to register for features in accordance with their own privacy policies. We do not control these websites and we are not responsible for their privacy policies, or for the collection, use or disclosure of any information those sites may collect. For more information, please review the privacy policies of each respective third party website.

Right to Use Services and Site

Subject to your acceptance of and full compliance with these Terms, Cie Games grants to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site, the Services and related software (excluding source and object code) (“Software”), for your non-commercial personal entertainment use only, by accessing the Services through your web browser or other application provided by Cie Games, authorized social networking websites, service providers or partners. You agree that you may not use the Services for any other purpose, or copy or distribute the Services except as specifically allowed in these Terms. You may download and install the Software onto one or more computers owned by you or under your legitimate control for your non-commercial personal entertainment use only, which must include copyright and trademark notices as required by these Terms.

Right to Terminate or Change Services

Your use of the Services and this Site is conditioned upon your continued full compliance with these Terms. Any use of the Services in violation of these Terms will be treated as an infringement of Cie Game’s copyrights in and to the Services. We reserve the right to change or modify the Services, or limit the features or services on this Site at any time , without or without notice to you, without liability.

We reserve the right to terminate your access and use of the Services without notice if you violate these Terms. We also reserve the right to temporarily suspend or permanently discontinue the Services, any portion of the Services, or the Site at any time, with or without notice to you, without liability. In such events, you must immediately and permanently destroy all copies of the Software in your possession and remove the Software from your hard drive. In such events, you will lose access to your Account, password, user name, persona, and you will forfeit all related entitlements, including Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site). You agree that these Terms will survive the termination of the Services or your Account for any reason.

Our Intellectual Property Rights

Cie Digital Labs, LLC, and its related and affiliated companies, including Cie Games and Cie Studios, are the sole and exclusive owners of all right, title and interest, including without limitation, copyright, patent, trademark and other intellectual property rights, in the Services and this Site, including without limitation, all games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories and equipment, user Accounts, passwords, Virtual Currency, Virtual Goods, concepts, technology, architecture, logic, structure, sequence, organization, themes, symbols, methods of operation, and other materials, all of which are protected by U.S. and international copyright laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without our prior written consent. Any use of the materials appearing in the Services or this Site not expressly authorized by these Terms is a violation of copyright, trademark, and other applicable laws, and may result in criminal prosecution or civil penalties.

Except for the limited right to access and use the Services and this Site, we do not grant or transfer to you any other rights of any kind, including any rights in any Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site), or any other attributes appearing in, originating from or associated with the Services or this Site. No ownership rights of any kind, including any patent, trademark, copyright or other intellectual property rights, are assigned or transferred to you, by accessing or using the Services or this Site, downloading material from or uploading material to this Site, or by purchasing any Virtual Goods.

You agree not to copy, redistribute, publish or otherwise exploit material from the Services or this Site, except as expressly permitted herein, without our prior written permission. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to us in connection with the use of the Services is the exclusive property of Cie Games. You agree that we may use, sell, exploit and disclose any of your comments in any manner, without restriction and without compensation to you.

Intellectual Property Rights of Others

All trademarks, service marks, and trade names associated with the products or services that appear on or are referenced in this Site are the exclusive property of their respective owners.

Original score and design by Jammes Castro dba Jamba the Producer.

All other product names and logos are the trademarks of their respective owners. In addition, other images, logos, pictures or other material may be trade names or registered trademarks of their respective owners, and may be protected by U.S. and international copyright laws. We grant no right to copy or use any of these materials.

Virtual Currencies and Goods

The Services may include virtual game currency (“Virtual Currency”), including, but not limited to currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with this Site, that may be acquired for real world money if you are a legal adult in your country of residence. The Services may also include virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site (“Virtual Goods”) that may be purchased from Cie Games for real world money or exchanged for Virtual Currency.

Cie Games has the absolute right to administer, control, modify, adjust, and eliminate any Virtual Currency, Virtual Goods, or any other attributes associated with use of our Services or this Site in its sole discretion, with or without notice, and without liability to you or anyone else. You have a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods and Virtual Currency in our Services and this Site. However, you have no right or title in or to any Virtual Currency, Virtual Goods or any other attributes associated with use of the Services or this Site.

Regardless of the means of transfer, the direct or indirect redemption or transfer of Virtual Goods and Virtual Currency for real world money, goods or other items of value by or from any party is strictly prohibited except where expressly authorized within the Services. Any attempt to do so is in violation of these Terms and may result in an immediate termination of your user Account and access to the Services, as well as possible legal action.

Any purchases of Virtual Goods or Virtual Currency by you from Cie Games are final. No refunds will be given, except in the sole discretion of Cie Games. If your user Account or your use of this Site is terminated or suspended for any reason, or if we permanently discontinue the Services or this Site for any reason, then all of your Virtual Goods and Virtual Currency will be immediately forfeited.

Your Content

The Services may allow or invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Cie Games and/or to or through this Site, including, without limitation, text, writings, graphics, comments, forum posts, chat posts, communications, messages, profiles, personally identifiable information, suggestions, links, e-mails, music, sound, graphics, images, pictures, video, software, technology, code and other material and information perceived, made available, or emanating to and/or from the Services (collectively, “Content”). Content may be provided by you or third parties, and also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or this Site, including any responses provided through user surveys.

You agree that your Content is wholly original to you and you exclusively own the rights to your Content, including the right to grant the rights and licenses described in these Terms, without Cie Games incurring any obligations or liability to third parties arising out of its exercise of the rights granted by you. You have sole legal responsibility for your Content. We do not pre-screen any Content posted by anyone and we are not responsible for your Content. We have no obligation to monitor or enforce any intellectual property rights that may be associated with your Content.

You agree that you will only upload to, distribute, transmit, publish or post through this Site or through our Services Content that does not infringe the intellectual property rights of any third parties; is not indecent, libelous, defamatory, obscene, harmful, threatening, abusive, vulgar, harassing, sexually explicit, or otherwise offensive or objectionable; does not contain expressions of hatred, bigotry, or racism; does not constitute or encourage a criminal offense; is not embarrassing, unwanted, or invasive of another’s right of privacy or right of publicity; and does not violate the rights of any party or violate any laws.

Cie Games has no obligation to accept, display, review, monitor, distribute, store, maintain or delete any Content that you submit or post. We reserve the right, in our sole discretion, to refuse to post, delete or remove any Content that you posted to this Site without notice for any reason at any time. We may also move, re-format, distort, obscure, edit, modify or alter any Content without notice to you and without liability.

Our Rights to Content

You grant to Cie Games the unrestricted, unconditional, unlimited, worldwide, irrevocable, sublicensable, transferable, perpetual, fully-paid, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, transfer, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache, use, practice or otherwise exploit in any manner and for any purpose, all or any portion of your Content to which you have contributed, in any and all formats, on, with or through any websites or other media, software, formula, technology or devices now known or hereafter developed, and in any advertising, marketing or promotional materials produced by us, our sponsors or affiliates. To the greatest extent permitted by law, you waive any moral rights or rights of publicity or privacy you may have in and to your Content. If, for any reason, you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of your Content, you agree to and hereby do assign to Cie Games all of your right, title and interest in and to your Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity.

Posting on Other Sites

Subject to your acceptance of and full compliance with these Terms, Cie Games grants to you a limited revocable license to post an image of your own virtual vehicle, game character, screen shot from your Account, or any other Content that we specifically authorize to be posted on other websites, including your own personal website, so long as the website complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party (“Authorized Web Site”). An Authorized Web Site may not be competitive with, and may not criticize, ridicule or disparage in any manner the Services, this Site, Cie Games, or its sponsors or affiliates, their products, services, or web sites; may not charge a fee for access to such Content; may not post, publish, distribute, disseminate or facilitate any content that infringes the intellectual property rights of any third parties; is indecent, libelous, defamatory, obscene, harmful, threatening, abusive, vulgar, harassing, sexually explicit, or otherwise offensive or objectionable; contains expressions of hatred, bigotry, or racism; constitutes or encourages a criminal offense; is embarrassing, unwanted, or invasive of another’s right of privacy or right of publicity; or violates the rights of any party or violates any laws.

User Account and Password

The Services may be offered to you through a social networking website through which you may access this Site, provided that you are in compliance with the policies or terms of use/service of the social networking website. You may be able to use your user account or user ID of the website through which the Services are made available. Alternatively, you may be required to open an account (“Account”) directly with Cie Games by completing the registration process and providing true, accurate, current and complete information about yourself ( “Registration Data”). You agree to promptly update the Registration Data, which may include a current email address. If you have more than one Account on a social networking website, you may not access the Services from more than a single Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your current or future use of the Service. We also reserve the right to terminate your Account if it has been inactive for more than 180 days.

Some Services may require you to create a password, user name or persona to set up your Account. You may not use a password, user name or persona that is used by someone else; is indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; that contains expressions of hatred, bigotry, racism, pornography, or is otherwise objectionable; that infringes any trademark or other proprietary rights of others, violates the rights of any party, or violates any laws; or that is used in any way that otherwise violates these Terms. You may not impersonate another person or user, attempt to get a password, other account information or other private information from a user, or collect or harvest email addresses or other information.

You are responsible for maintaining the confidentiality of your Account information (including passwords and user name) and are responsible for any and all activities that occur under your Account. You are also liable for any losses or damages incurred by Cie Games, any other users of the Services, or any other parties resulting from someone else using your Account, with or without your knowledge. You must notify us immediately of any unauthorized use or theft of your Account or other breach of security. Your Account may be terminated if someone else uses it to engage in activity that violates these Terms or is otherwise improper or illegal.

You may not use anyone else’s Account, password, user name, or persona, and you may not purchase, sell, trade, rent, lease, license, grant a security interest in, transfer to or allow any other person to use your Account, password, user name, persona, Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site).

Data Collection

You may be required to open an Account directly with Cie Games by completing the registration process and providing true, accurate, current and complete information about yourself. The Services may also be offered to you through a social networking website through which you access this Site. Information collected from you is subject to the social networking website’s policies. By accessing or using a game, application, or activity on this Site, you may be granting the social networking website permission to share your e-mail address and any other personally identifiable information with us.

By accessing and using the Services or this Site, our servers automatically collect and store certain information about you, including the name of the domain from which you accessed the Internet, the date and time you accessed this Site, the Internet address of the web site you used to link to this Site, your IP address, hard drive serial number, browser type and language. We use this information for authentication, copy protection, account blocking, as well as system, rules, game management and other purposes. We may also use software programs to gather and assess certain information, including the number of visitors to different sections of this Site, what information is of most and least interest, the need for technical design specifications, and to identify system performance or problem areas. For website security purposes, and to ensure that this Site remains available to all users, we also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Finally, we may use built-in tracking features or a technology known as “cookies” to send a small file to your computer that uniquely identifies your browser to obtain information regarding your use of this Site.

By accessing and using the Services and this Site, you consent to our collection and use of your personal information, including the transfer of this information outside the State of California and/or the United States for storage, processing and use by Cie Games. In addition, as part of the Services, we may provide you with certain communications, such as service announcements and administrative messages.

Privacy

Cie Games respects your privacy. You acknowledge and agree that the Privacy Policy, including the manner in which we collect, use and disclose your personally identifiable information, is incorporated and made part of these Terms. If you do not agree with the Privacy Policy, you do not have permission to use the Services and you must immediately discontinue use of all Services and this Site.

Purchases and Paying for Charges

You may be required to pay for certain Services, including an exchange for Virtual Currency, a purchase of Virtual Goods, and upgrades. You must have a valid Account to pay for and participate in these Services.  You are responsible for all charges and usage on your Account, including applicable taxes, including all purchases made by you or anyone that uses your Account.

You may pay using the methods available for the particular Services, including credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose.  When you provide credit card or other payment information, you represent that you are the authorized user of the credit card or other payment method.  You must provide current, complete, and accurate information for your billing account.  You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen.  We may use a third party credit card updating service to obtain current expiration dates on credit cards provided by you.  Customers who use a payment method other than credit card may incur an additional payment processing fee.

Sponsor and Other Linked Websites

This Site may include hyperlinks to the websites operated by third parties, including sponsors, advertisers, and content providers. These websites may collect data or solicit personal information from you. Any website links are provided to you as a convenience only. Cie Games makes no representations or warranties, and does not endorse any content, goods or services provided by any other party’s website that may be linked from this Site, whether or not they are sponsors. We do not control these websites and we are not responsible for their content, any claims relating to their goods, services, privacy policies, or for the collection, use or disclosure of any information those websites may collect.

Rules of Conduct: Your Responsibilities

You are legally responsible and liable for all of your activities using the Services and this Site. You agree to follow posted forum guidelines and code of conduct within game, fan page, and any official CIE Games websites.

Your use of the Services and this Site is governed by the following Rules of Conduct which are maintained and will be enforced by Cie Games. The Rules of Conduct are illustrative only and are not meant to be exhaustive. We reserve the right to determine what additional conduct may be a violation and to take appropriate action as we consider necessary, including termination of your Account and exclusion from further participation in the Services. We reserve the right to modify the Rules of Conduct at any time. By accessing and using the Services, you agree that you will not engage in, attempt or encourage any of the following activities:

No disruptive use

  • Cheat, or use, launch, develop, or distribute any spider, “bot,” “macro,” or other “cheat utility” software program or applications which are designed to cheat, hack, crack, interfere with, disrupt, or modify the intended operation and experience of the Services;
  • Upload, disseminate or transmit files that contain viruses, Trojan horses, worms, time bombs, spyware, adware, cancelbots, corrupted files or data, or any other similar invasive software or programs designed to damage, interrupt, destroy, or limit the functionality or disrupt the operation of the Services, any software, hardware, telecommunications, networks, servers or other equipment, or other users’ computers, or that launches any unauthorized script or other software;
  • Disrupt, attempt to, or otherwise assist in the disruption of any computer used to support the Services or any other party’s uninterrupted use and enjoyment of the Services;
  • Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
  • Restrict, disturb, disrupt or inhibit any other user from using or enjoying the Services, for example, by repeatedly posting the same message or excessive posts within chat rooms (“flooding”), disrupting the flow in chat rooms by hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, using of excessive “shouting” (all caps), or “spamming”;

No commercial use

  • Reproduce, transmit, sell, use or exploit the Services or this Site for commercial purposes that are not expressly authorized in these Terms, including use as a cyber café, computer gaming center, network play over the Internet, gaming network, or connection to an unauthorized server that emulates the game experience;
  • Use the Services or this Site to advertise, market, or promote any goods, services, website, pyramid scheme, or other multi-tiered marketing scheme; solicit funds or goods; or solicit anyone to join or become a user of any other website or other organization;
  • Post messages for any purpose other than personal communication as an individual user, including advertising or promotional messaging, chain letters, surveys, contests, chain letters, junk email, spam, other unsolicited messages, or other commercial activities;
  • Purchase, sell, trade, rent, lease, license, grant a security interest in, transfer to or allow any other person to use or access your Account, password, user name, persona, Virtual Currency or Virtual Goods, whether or not in exchange for real currency or items of monetary value; or offer, advertise, market, or promote any of the foregoing;

No fraudulent use

  • Use the Services or this Site for fraudulent transactions or for any purpose that violates any applicable federal, state, local, or foreign laws, regulations, ordinances or treaties;
  • Impersonate another person or user, create a false identity, trick, defraud or mislead Cie Games or any users, for any purpose, including misleading others to attempt to access an Account, user name, password, persona, Virtual Currency or Virtual Goods, or any personal information about a user;
  • Create an Account based on information that is untrue, inaccurate, not current or incomplete;
  • Make improper use of Cie Games support services or submit false reports of abuse or misconduct;
  • Disguise or mislead any person as to the source of your Content or other information you submit or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Services or this Site;
  • Collect, gather, harvest (in an automated manner or otherwise), disclose, reveal or use in any manner the Account, user name, password, persona, Virtual Currency or Virtual Goods, or any personal information about another individual, including address, phone number, e-mail address, credit card number, or any information that may be used to track, contact or impersonate the individual;

No unauthorized use

  • Host, or intercept, emulate or redirect the proprietary communication protocols used by Cie Games in connection with the Services and this Site, regardless of the method used, including protocol emulation and reverse engineering, or create derivative works of the Services or this Site, in whole or in part;
  • Copy, reproduce, translate, reverse engineer, modify, disassemble, decompile, reverse assemble, or attempt to discover any software (source code or object code) related to the Services and this Site;
  • Modify, impair, disrupt, alter or interfere with the use, features, functions, operation or maintenance of the Services and this Site, including adding unauthorized components or modifying this Site or the online game experience;
  • Use any third-party software or other means that intercepts, mines or otherwise collects information from or through this Site;
  • Frame or otherwise impose editorial comment, commercial material or any information on this Site, or cover, remove, obliterate, obscure or obstruct any notice, banner, advertisement, proprietary notices or labels, or any portion of the Services or this Site;
  • Remove, obscure, or alter notices of copyright, patent, trademark, or other proprietary rights affixed to any Content or this Site;
  • Sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any Content;
  • Attempt to use the Services or this Site on or through any service that is not controlled or authorized by Cie Games; and
  • Violate these Terms, any other applicable agreement or terms governing the access or use of the Services (including the terms of use of any social networking website through which the Services may be accessed), or any federal, state or local, or international law, regulation, ordinance, or treaty.

Terminating Your Account

We reserve the right to terminate or suspend your Account or your access to any or all of the Services at any time and for any reason, including a violation or breach of these Terms. In our discretion, we may issue you a warning, or we may elect to immediately terminate any and all of your Accounts. You acknowledge that Cie Games is not required to provide you notice before terminating your Account. If we terminate your Account, you will lose access to your Account, password, user name, persona, and you will forfeit all related entitlements, including Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site). You agree that these Terms will survive the termination of your Account for any reason.

Services Provided “As-Is”

The Services and this Site are provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind, and subject to all risks. You agree that your access and use of the Services is at your own risk. You assume all risks that the Services and this Site are suitable, accurate for your needs, and will be uninterrupted, timely, secure, or error-free. Any software or applications downloaded from this Site are at your own risk, and you are solely responsible for any loss of data, ISP disruption, software or hardware failures, or damage to your computer. The entire risk of satisfactory quality, performance, accuracy and experience in connection with the Services and this Site is borne by you.

No Warranties of Any Kind

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT (EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAWS).

Limitation of Liability

CIE GAMES PROVIDES THE SERVICES AND THIS SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES OR THIS SITE AT ALL TIMES OR ALL LOCATIONS, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CIE DIGITAL LABS, LLC, ITS RELATED OR AFFILIATED COMPANIES, SUBSIDIARIES, SPONSORS, PARTNERS, CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS AND OTHER PARTIES AFFILIATED WITH THE SERVICES OR THIS SITE, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ATTORNEYS (COLLECTIVELY, “CIE DIGITAL PARTIES”) IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE CIE DIGITAL PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THIS SITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR THIS SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CIE DIGITAL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE CIE DIGITAL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE CIE DIGITAL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF SOCIAL NETWORKING WEBSITES OR MOBILE VERSIONS THEREOF THROUGH WHICH THE SERVICES OR THIS SITE ARE MADE AVAILABLE, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) LOSS OR INABILITY TO USE THE SERVICES FOR ANY REASON, INCLUDING COMPUTER FAILURE, MALFUNCTION, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSION; (B) THE LOSS OR DAMAGE TO ACCOUNTS, USER ACCOUNT INFORMATION AND OTHER DATA, VIRTUAL CURRENCY OR VIRTUAL GOODS, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OF ANY CONTENT, INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; (D) THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT, INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; OR (E) INTERRUPTION OF THE SERVICES FOR ANY REASONS, INCLUDING ANY NETWORK OR TELECOMMUNICATION LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, TRAFFIC CONGESTION ON THIS SITE, THE INTERNET OR ANY OTHER WEBSITE, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF THE SERVICES; AND (F) ANY VIRUSES, CORRUPTED FILES OR PROGRAMS, WORMS, TROJAN HORSES, OR OTHER CODE OR OTHER HARMFUL COMPONENTS WITH CONTAMINATING OR DESTRUCTIVE EFFECTS.

UNDER NO CIRCUMSTANCES WILL THE CIE DIGITAL PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CIE GAMES IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification by You

You agree to defend, indemnify and hold the Cie Digital Parties harmless from and against any claim, liability, loss, injury, damage, cost, or expense, including attorneys’ fees and costs, incurred by any of the Cie Digital Parties, arising out of or resulting from your access or use of the Services and this Site; your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; any Content posted, transmitted or provided by you or on your behalf; your violation of any third party’s intellectual property or other legal rights; and the illegal or improper use of your Account.

Limitations Period for Making Claims

Regardless of any statute or law to the contrary, you agree that you will not initiate any legal action against any of the Cie Digital Parties rising out of or related in any way to your access or use of the Services, this Site, these Terms, the Privacy Policy, or any related matter, more than one year after such cause of action accrues that is the basis of your legal action.

Injunctive Relief

You acknowledge and agree that the rights granted to you and your obligations to Cie Games under these Terms are unique and irreplaceable in nature, and the loss of which will irreparably harm Cie Games and cannot be compensated by monetary damages alone. You agree that the Cie Digital Parties shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.

Governing Law and Jurisdiction

This Terms of Use Agreement and all aspects of the Services and this Site shall be governed by, and enforced and construed in accordance with the internal laws of the United States and the State of California, which govern contracts entered into and to be fully performed in California, without regard to any principles referring to the laws of another state or jurisdiction. You agree not to commence or prosecute any action in connection therewith other than in the appropriate federal or state court located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles County, California.

Making Copyright Infringement Claims

We will investigate notices of copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). DMCA provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this Site in a way that may constitute copyright infringement, you may provide notice of your claim to our designated agent listed below.

For your notice to be effective, it must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on this Site;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notice of any claimed copyright infringement must be submitted to the following designated agent for this Site:

Cie Digital Labs, LLC

Attn: Cie Games Administrator

111 West Ocean Boulevard • Suite 1800

Long Beach, California 90802

United States of America

Export Control Laws

The software (“Software”) related to the Services and this Site may be subject to export controls of United States and other jurisdictions. By downloading the Software, you represent and warrant that you are not located in any country and are not exporting the Software to any person or place, that is prohibited by applicable laws of the United States or any other jurisdiction. You agree to comply with all applicable export control laws and not to transfer, by electronic transmission or otherwise, the Software or any Content subject to restrictions under such laws to any person or destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services or this Site any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

Laws of Other Jurisdictions

Cie Games operates and controls the Services and this Site from locations within the State of California, United States of America. We make no representation that the Services or this Site is or will be appropriate or available in any other locations. The Services and this Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cie Games to any registration requirements within such jurisdiction or country. Anyone who accesses or uses the Services or this Site from outside the State California does so at his or her own risk, and is legally responsible to comply with any applicable federal, state, local, or international laws, regulations, ordinances or treaties.

Entire Agreement

The Terms of Use (including the Privacy Policy which is incorporated by this reference), as well as any specific rules, guidelines or instructions regarding a particular game, application or activity, constitute the entire agreement between you and Cie Games relating to the Services and this Site, and supersede all prior agreements or understanding regarding this subject matter. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you and the Cie Digital Parties. If any of these Terms is determined to be unlawful, invalid, or unenforceable for any reason, then that provision will be disregarded and will not affect the lawfulness, validity and enforceability of any remaining provisions. You waive all defenses you may have based on the electronic form of these Terms and that you did not manually signed these Terms. If we fail to act with respect to a breach of any of these Terms by you or others, our failure does not waive our rights to act with respect to any later or similar breaches.

Changes to Terms of Use

We reserve the right to change these Terms in any way and at any time. We will attempt to give you advance notice of any change in these Terms by posting on this Site, or by sending a message informing you of the modified terms with a link to the posting on this Site. However, we reserve the right to make changes immediately, as appropriate determined in our sole discretion. You agree to periodically check this Site for new information and terms that govern your use of the Services and this Site, and to read any changes to these Terms. Using our Services after any changes to these Terms become effective constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future changes to these Terms, you do not have permission to use the Services and you must immediately discontinue any further use this Site.

Trademarks

Produced under license of Ferrari Spa. FERRARI, the PRANCING HORSE device, all associated logos and distinctive designs are property of Ferrari Spa. The body designs of the Ferrari cars are protected as Ferrari property under design, trademark and trade dress regulations

Buick, Cadillac, Chevrolet, Pontiac, GMC, Saturn, all related Emblems, and vehicle body designs are General Motors Trademarks used under license to Cie Digital Labs.

 

The McLaren name and logo are trademarks or registered trademarks of McLaren Racing Limited.

The Mercedes-Benz name and three pointed star device are registered trademarks of Daimler AG.

“Mercedes-Benz” and “Three pointed star in a ring” are trademarks of Daimler AG and used under license by Cie Digital Labs, LLC.


“NISSAN” and the names, logos, marks and designs of the NISSAN products are trademarks and/or intellectual property rights of NISSAN MOTOR CO., LTD. and used under license to Cie Digital Labs, LLC.

Trademarks, design patents and copyrights are used with the permission of the owner Volkswagen AG.


Dodge, Ram and HEMI are trademarks of Chrysler Group LLC. Dodge Challenger, Dodge Charger, Dodge Magnum, Dodge Viper, Dodge SRT4, Dodge Daytona, Dodge Coronet Super Bee, Dodge Dart, Dodge Durango, Dodge Omni, Dodge Caravan, Dodge Demon, Dodge Dakota, Dodge Ramcharger, Dodge A100/108, Dodge Ram, Dodge Power Wagon and their trade dress are used under license by Cie Games. © Chrysler Group LLC 2010

Toyota and the names, logos, and emblems of Toyota products are registered trademarks of Toyota Motor Corporation, and used under license to Cie Digital Labs, LLC.

The trademarks, copyrights and design rights in and associated with the following Lamborghini vehicles 350GT, 350 GTV, Miura, Islero, Espada, Jarama, Urraco, Countach, Silhoutte, Jalpa, LM 002, Diablo, Estoque, Gallardo LP 560-4, Gallardo Spyder, Gallardo LP 550-2 Valentino Balboni, Gallardo LP 570-4 SL, Murciélago LP 640-4, Murciélago Roadster, Murciélago LP 670 SV, Reventón, Reventón Roadster are used under licence from Lamborghini ArtiMarca S.p.A., Italy.

Ford, Mustang, Mustang GT, Mustang Boss 429, F-150, Focus, Ford GT, Pinto, Gran Torino, SVT Cobra, Aerostar, Escape, Fusion, Mercury, and Flex names and emblems are registered trademarks or intellectual property of the Ford Motor Company.

SCION, xB, and tC are trademarks of Toyota Motor Corporation and are registered trademarks in connection with motor cars. The use on this game is with the owner’s permission. The image and appearance of the xB and tC motor cars are trade dress and © Copyright Toyota Motor Corporation. All rights reserved.

Denny Hamlin®”, “#11®” and “FedEx®” licensed under authority of Joe Gibbs Racing, Huntersville, NC. “Kyle Busch®”, “#18®”, and “M&M’STM/®” licensed under authority of Joe Gibbs Racing, Huntersville, NC. ®/TM/© Mars, Inc. 2011. Visit www.mms.com. “Joey LoganoTM”, “#20®”, and “The Home Depot®” licensed under authority of Joe Gibbs Racing, Huntersville, NC. TOYOTA AND ALL ASSOCIATED MARKS, EMBLEMS AND DESIGNS ARE THE INTELLECTUAL PROPERTY OF TOYOTA MOTOR CORPORATION AND USED WITH PERMISSION.

The American Red Cross name and emblem are used with its permission, which in no way constitutes an endorsement, express or implied, of any product, service, company, opinion or political position.

For more information about the American Red Cross, please visit www.redcross.org.

All other product names and logos are the trademarks of their respective owners. In addition, other images, logos, pictures or other material may be trade names or registered trademarks of their respective owners, and may be protected by U.S. and international copyright laws. We grant no right to copy or use any of these materials.

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