Hooked Media Group ('Hooked') welcomes you to YooMee Games Games! The following Hooked Media Group Terms and Conditions for Game Players sets out the terms and conditions to Users participating in the Hooked Media Group YooMee Games Service (defined below.)
This Hooked Media Group Terms and Conditions for Game Players ('Terms') is a legally binding agreement that governs your use of HookedMediaGroup.com, the Hooked Media Group YooMee Games service and/or the games and applications offered by Hooked Media Group ('Games') and accessed through third party web sites and partners (collectively, the 'Service'). By using or accessing the Service, You (also referred to as 'you', 'User', 'Game Player') agree to be bound by these Terms.
NOTE TO MINORS UNDER 18 YEARS OF AGE: THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18. If you are under 18 years of age, then please do not use the Service.
1) Access to Hooked Service
a) Subject to your acceptance of these Terms, Hooked grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
b) Hooked reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Hooked had actual notice on the date of amendment.
c) Hooked will notify you of any modifications to these Terms with one or both of the following methods:
i) Hooked will post any modifications on www.hookedmediagroup.com or within the Service, and/or
ii) Hooked will send you a message informing you of the modified terms and linking you to the posting at www.hookedmediagroup.com. You agree that you will
iii) periodically check www.hookedmediagroup.com for updates to these Terms, and
iv) you will read the messages Hooked sends you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once Hooked posts them to www.hookedmediagroup.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
d) Hooked reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
e) You agree to be bound by any application, forum, or game specific rules published within the Service.
f) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Hooked's copyrights in and to the Service. Hooked reserves the right to terminate your access to the service without notice if you violate these Terms.
g) You represent that you are eighteen (18) years old or older to use the Service to play Games. Additionally, if you are under the age of 18, you represent that your legal guardian has reviewed and agrees to the Terms to use the Service. You or your legal guardian's representation in no way implicitly or explicitly reserves the right to use the Service to play Games for prizes or money without abiding by the rules stated in Section 2.
2) Eligibility for the Service
a) The Service allows you to play Games and to participate in tournaments, challenges or direct competitions (collectively, 'Tournaments') with other players or members (hereafter, 'Players'.) For the Games that can be played for prizes or money through the Service, you must register as a Member.
b) Access to Tournaments for Players to play for prizes or money is determined at the sole discretion of Hooked on a partner by partner basis.
i) For the partner, MySpace, Hooked does not allow Players to play Tournaments for money, but Hooked may change the policy upon 14 day notice through the Service to the Players. Specifically, sections 2.c.iii, 2.c.vii, 2.c.viii, 2.c.ix, 3.f, 4.b, 5, and 6.g of this User Terms and Conditions related to money are modified to only explicitly remove the conditions of Tournaments played for money on MySpace, but this modification shall not be construed to invalidate or remove sections 2.b.iii, 2.b.vii, 2.b.viii, 2.b.ix, 3.f, 4.b, 5, and 6.g in all other cases and partners.
c) To become a Member, you must register, be at least eighteen (18) years or older, deposit funds and establish an account with Hooked. By registering and playing Games, you represent and warrant that:
i) you have the right, authority and capacity to enter into this agreement and to
abide by all of these Terms and Conditions;
ii) you are at least 18 years of age;
iii) you are not located in a country, state or jurisdiction that does not allow you to play Games for prizes or money. If you live in the following states you are not eligible to use the Service to play Games for prizes or money: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Tennessee, Vermont;
iv) you are not a firm, business entity or institution;
v) you are not a licensed bookmaker or a bookmaker's agent, and that you do not conduct a business of negotiating or receiving bets;
vi) you are not an employee, officer, director, investor, agent, and representative of Hooked and their parents, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and are not a sponsor and affiliate and advertising and promotion agency of Hooked. You may, however, participate in games for testing purposes, but without the intent to achieve any personal gain or profit for Hooked;
vii) you are not depositing money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you;
viii) you are not bankrupt; and
ix) you understand that you may lose money that you may pay to use the Service to play a Game and accept that you are fully responsible for any such loss.
3) Account Responsibility
i) provide true, accurate, current and complete information about yourself ('Registration Data');'
ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
b) You may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hooked has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hooked has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof).
c) You represent and warrant that you will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.
d) You may not in any event allow or permit any other person or third party, including without limitation any person under the legal age to participate in a game in your applicable jurisdiction, and in no event any person under the age of eighteen (18) years to use the Service to play Games for prizes or money, to use or re-use your Account in such a way that may break the standards or laws in any jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident.
e) By registering as a Member, you expressly relinquish the right to cancel these Terms or to any refund of monies you pay once you have started to use the Service to play a Game and the applicability and enforceability of these terms and conditions shall not be affected by any 'cooling-off' period once you have played a Game for prizes or money and you waive any applicable 'cooling off' period, except if the law requires a 'cooling off' period despite your waiver and even when a service starts right away.
f) If you are over eighteen (18) and located where it is legally permissible for you to play Games for prizes or money and you are asked for and provide us with details of a credit, debit or charge card, PayPal account, short message service ('SMS') or any other service, you must ensure that (a) you are fully entitled to use that form of payment, and (b) it has available funds sufficient to cover the charges that you make.
g) You are subject to all laws of the city, state, federal, province and/or country in which you reside and from which you access the Service and are solely responsible for obeying those laws. Access to the Service may not be legal for some or all residents of, or persons present in, certain jurisdictions. You agree the Service cannot be held liable if laws applicable to you restrict or prohibit your participation.
a) The results of all Tournaments offered by the Service depend on the number of players participating and the skill of the players in such Tournaments.
b) The prize or money amount of all Tournaments will be disclosed at the outset of each tournament, except in progressive jackpot tournaments where the prize or money will be dependent upon the number of participants in the tournament. The indicated cash prize will be the total prize or money that will be distributed to the winning participants. A Tournament with a progressive jackpot tournament is open to as many players as wish to participate up to a certain time specified by us, and the prize or money associated with the tournament will increase as the number of participants admitted to the tournament increases.
c) Hooked will post a list of winners following each Tournament, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse.
d) The results and winners of each Tournament offered by the Service will be determined by Hooked, and such determinations are final. By registering and/or participating in any Tournament, you agree to be bound by these determinations.
e) If you or another player aborts a game, either purposefully or due to technical problems that cannot be attributed to Hooked, then the score of the game will be ZERO.
f) Hooked is not liable for any lost winnings or potential winnings, not even in the case of prematurely closed Tournaments.
a) You authorize Hooked to transact a fee of approximately 25% of the entry cost for using the Service to play a Game for prizes or money. ('Entry Cost' hereinafter defined as the sum of money wagers and bonuses, payments deposited by Hooked exclusively for use as Tournament entry fees, and other specialty payment methods that Hooked provided you.) The remaining percentage of the Entry Cost is paid to the winner of the Tournament played for prizes or money upon which the Entry Cost was placed. If sufficient funds are not available to participate in the Tournament for money, then you may not take part in the Tournament. The approximate fee of 25% may be modified at Hooked's sole discretion to account for an uneven number of Tournament Players and a total Entry Cost among all Players that is indivisible. For instance, the total entry fees for a Tournament are $101. Hooked may transact any approximate fee, including but not exclusive to $25, $25.25 or $26.
b) In compliance with United States Internal Revenue Service regulations, Hooked may send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 (USD) through the Service in any given year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your country, state and city of residence. Hooked does not withhold any taxes and you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence
6) Transactions with Your Account
a) You can deposit money into your Account using a domestic bank transfer by transferring the money into the bank account specified by Hooked. Please be aware that you may only participate in Tournaments for prizes or money after Hooked has received your funds. If you choose to fund your Account using this option, you may also be required to submit a collateral security deposit along with the funds you deposit, which Hooked may use for commission, reimbursement of expenses, and/or compensation for damages.
b) Hooked may, but is not obligated to, accept payments via credit card, debit card, and/or other forms of payment. In the event you set up your Account with a debit card, you authorize Hooked to deduct the specified funds from the bank account linked to the debit card. In the event you set up your Account using a credit card, you agree that Hooked is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Service. Hooked may accept other forms of payment at its sole discretion. Any attempt to defraud Hooked through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your Account, forfeiture of any prizes and money to which you are otherwise entitled, and active pursuit of civil litigation and/or criminal prosecution by Hooked.
c) Hooked works with third parties to accept payments for the completion of offers to receive certain services as specified by the third party through third-party links to other websites. Hooked is not affiliated to the third party or the brands, advertisers and other partners they represent. Hooked is not responsible for any damages or disputes due to the use of the third party payment method and the submission of personal data to the third party. Any charges or obligations that you incur in participating with third party is your responsibility and at your own risk. Hooked makes no representation or warranty regarding the payments processed, content, goods and services provider by third party. If a dispute arises between you and third party in regards to a completion of offer or try of third party service related to Hooked or the Service, Hooked may attempt to resolve dispute between user and third party for the best interest of user and third party, but Hooked is not obligated to resolve dispute and in attempting to resolve dispute does not assume any liability.
d) Funds, entry fees, and processing fees are non-refundable once they have been credited to Hooked's bank account and deducted from your Account. Hooked, at its own discretion, may allow Players to participate in Tournaments before payment is received.
e) You authorize Hooked to deduct from your Account any additional charges for a monetary transaction, including, but not limited to, a denied payment (such as denied transfer, denied credit card payment) or increased bank processing fees. You agree to assume all costs that may be attributed you when funds credited to your Account (such as cancellation of a direct debit, insufficient funds, of incorrectly submitted account information) are reversed. Hooked will charge you the specific transactional fee for each denied payment.
f) Depending on the partner of the Service, you may make withdrawals from your Account, as long as the amount to be withdrawn is at least $10 (USD) and you have deposited at least $10 (USD) at any time into your Account. You authorize Hooked to deduct a minimum of $1 (USD) for each withdrawal with the deduction fee of $1 (USD) increasing with the size of the withdrawal. Once the transfer is complete, the debt shall be deemed satisfied and Hooked will have no further obligation. Bonuses, payments deposited by Hooked exclusively for use as Tournament entry fees, and other specialty payment methods that Hooked provides are only withdrawn by you on the express content of Hooked. In cases such as these, you will be notified that the corresponding funds cannot be withdrawn and can only be used to pay Tournament entry fees.
i) As of 4/16/2010, Player may make withdrawals as per the conditions of this agreement on third-party websites and Facebook. The conditions of withdrawal on MySpace are per the conditions as stated in the MySpace user agreement or terms of service. Hooked reserves the right to change term of withdrawals by partner upon 14 day notice through the Service to the Players.
g) Hooked shall not be obligated to verify the identity of the person requesting the withdrawal. In the event Hooked seeks verification for security reasons, Hooked is authorized to withhold funds until proof of identity can be confirmed. In cases such as these, the requesting party shall be obligated to participate by providing the forms of identification reasonably requested by Hooked.
h) Money winnings will be deposited directly into a winning Member's Account and will usually be available within sixty (60) minutes of a Tournament's conclusion. When a Tournament for money ends before its scheduled closing, the money winnings for the tournament will be reduced to reflect the number of participants in the Tournament when it closes.
i) Any winnings that are mistakenly credited to your Account remain the property of Hooked and will be automatically transferred from your Account upon the error being discovered. Any winnings mistakenly credited to your Account yet withdrawn by you constitute a debt owed by you to Hooked in the amount of such wrongfully attributed winnings.
j) Any bonuses that Hooked may give to you are not transferable and can only be used by you.
7) Ownership of Intellectual Property
a) Unless otherwise specified in writing, all materials, including Games, that are part of the Service are owned, controlled, or licensed by Hooked and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Hooked, the Games, and the Hooked logos are trademarks of Hooked or its partners and may not be used without the express written permission of Hooked.
b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Hooked.
d) All comments, feedback, suggestions, ideas, and other submissions ('Ideas') disclosed, submitted, or offered to Hooked in connection with the use of the Service shall be the exclusive property of Hooked. You agree that unless otherwise prohibited by law Hooked may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
8) User Content
a) The Service may 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 Hooked and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively 'User Content'). Any material you transmit to Hooked will be treated as non-confidential and non-proprietary.
b) You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Hooked incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
c) You grant to Hooked the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
d) Hooked has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Hooked does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
e) Hooked has no obligation to accept, display, review, monitor, or maintain any User Content. Hooked has the right to delete User Content from the Service without notice for any reason at any time. Hooked may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Hooked reserves the right to treat User Content as content stored at the direction of users for which Hooked will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Hooked's attention.
f) You acknowledge that you do not rely on Hooked to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
9) Usage Rules
a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.
b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language.
iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
iv) promote violence or describe how to perform a violent act
v) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
vi) be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").
c) You and your activities on the Service will not:
i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud or mislead Hooked and other users, especially in any attempt to learn sensitive account information such as passwords;
v) make improper use of Hooked's support services or submit false reports of abuse or misconduct;
vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
vii) disparage, tarnish, or otherwise harm, in Hooked's opinion, Hooked and/or the Service;
viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Hooked on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as 'spyware,' 'passive collection mechanisms' or 'pcms');
xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or 'bot'), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software; xv) cover or obscure any notice, banner or advertisement on the Service;
xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
xviii) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for real currency or items of monetary value; or
xix) engage in cheating or any other activity deemed by Hooked to be in conflict with the spirit or intent of the Service.
d) Hooked does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Hooked specifically disclaims any responsibility with regard thereto.
10) Third Party Links
11) Privacy and Protection of Personal Information.
a) As a Member, you agree to the use by Hooked of your username, likeness, statements, biographical information, and country, city and state location for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if you win a tournament, special prize, or win more than $500 (USD) in a single month. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR POTENTIALLY IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR USERNAME PLACED A WINNERS' LIST.
13) Right to Termination
a) Hooked reserves the right to terminate your account, limit or prohibit your participation in any game for any reason. Immediate termination will result for reasons including, but not limited to, any violation of these Terms and Conditions and improper conduct or abuse by you as set forth in sections 2, 3, and 9. By registering as a Member, you consent to allow Hooked to access your account information to, among other things, investigate complaints or other allegations of abuse. Please note that in certain circumstances where your Account is closed by Hooked for a violation of these Terms and Conditions, your winnings may be voided and not returned to you. In such an event, Hooked may use these winnings to defray the costs of administration and enforcement of these Terms and Conditions.
b) Hooked reserves the right to block, cancel or terminate Member accounts without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of these Terms and Conditions, particularly in those instances detailed in sections 2, 3 and 9. Upon the receipt of a credible and validated complaint, Hooked may elect to immediately suspend or terminate Member's Account. If this occurs, then games or Tournaments which have already begun will be aborted by Hooked and the results will not be evaluated. Hooked will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination at its sole discretion, and may void any associated winnings. Hooked reserves the right to lift any suspension against you at any time and at its sole discretion. Hooked reserves the right to institute civil or criminal proceedings against you and/or report you to the relevant regulatory or law enforcement authorities.
c) If any Member is discovered to have created and/or breached more than one online Account, Hooked reserves the right to close the relevant account and consolidate all or part of the funds in any additional accounts into the original, legitimate Account. The maximum amount transferred, if any, will not exceed the total amount of deposits, less any withdrawal requests that have been paid on the additional accounts. All winnings will be forfeited. Furthermore, we have the right to deduct the reasonable transactions costs of doing this from the amounts being transferred to the original account.
d) If you provide materially misleading, inaccurate or incomplete information in your account, we will be entitled to terminate your account and cause you to forfeit any prizes or money you may have won as well as exercise any legal remedies we may have as a result of such conduct.
e) Hooked reserves the right to suspend accounts that have been inactive for 180 consecutive days and terminate accounts that have been inactive for 360 consecutive days at Hooked's sole discretion and without notification. Hooked's obligations to you cease upon termination of your account. In the event your Account is terminated due to a reason other than that which is identified herein, Hooked reserves the right to withhold funds to compensate Hooked and/or third-parties for damages.
f) Hooked will deposit funds from all suspended Accounts into a collective non-interest bearing account where they will remain for a period of 180 consecutive days, beginning at the date on which Your account was suspended. You may claim and withdraw funds previously in your Account prior to termination by submitting a written or email request to Hooked that identifies your account information, without any deviation from that which was previously submitted on your account. The funds on your Account, if any, will then be transferred to the last account information that was associated with your Account to the e-mail address you registered at Hooked. At the exact time on which your account is terminated, you will no longer be entitled to withdraw the funds.
g) Where Hooked has serious and reasonable suspicion of fraudulent activity on an Account, we reserve the right to withhold the payment of any funds to a Member until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.
14) Disputes with Others
a) Hooked reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Hooked and hereby agree to indemnify Hooked from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
15) Disclaimers; Limitations; Waivers of Liability
b) 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 SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE HOOKED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE HOOKED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HOOKED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
c) UNDER NO CIRCUMSTANCES WILL THE HOOKED PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID HOOKED IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
a) You agree to defend, indemnify and hold harmless Hooked and any Hooked partners from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
17) Governing Law/Waiver of Injunctive Relief
a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in the State of California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in California State Court, County of San Francisco, and the Northern District of California, San Francisco Division, federal court located in the State of 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 aforementioned state and federal courts located in California.
b) You acknowledge that the rights granted and obligations made hereunder to Hooked are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hooked and which cannot be replaced by monetary damages alone so that Hooked 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 claims for monetary damages (if any).
c) To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ('Dispute'), you and Hooked agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to:
Hooked Media Group Inc.
720 Market Street, Suite 500
San Francisco CA 94108
d) Binding Arbitration. If you and Hooked are unable to resolve a Dispute through informal negotiations, either you or Hooked may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ('AAA') and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ('AAA Consumer Rules'), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Hooked will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Hooked may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
e) Restrictions. You and Hooked agree that any arbitration shall be limited to the Dispute between Hooked and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
f) Exceptions to Informal Negotiations and Arbitration. You and Hooked agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Hooked's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
a) The failure of Hooked to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Hooked's right to assert or rely upon any such provision or right in that or any other instance.
b) You and Hooked agree that if any portion of these Terms, except any portion of section 17(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 17(e) is found to be illegal or unenforceable then neither you nor Hooked will elect to arbitrate any Dispute falling within that portion of Section 17(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and Hooked agree to submit to the personal jurisdiction of that court.
a) Hooked operates and controls the Service from its offices in the United States. Hooked makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is 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 Hooked to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, Hooked or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Hooked if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without Hooked's prior written consent. These Terms contain the entire understanding of you and Hooked, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Hooked. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Hooked's request, you will furnish Hooked any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Hooked by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
20) Statute of Limitations
21) Complaints or Notices
a) The Digital Millennium Copyright Act (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 game in a way that may constitute copyright infringement, you may provide notice of your claim to Hooked's Designated Agent listed below. For your notice to be effective, it must include the following information:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) A description of the copyrighted work that you claim has been infringed upon;
iii) A description of where the material that you claim is infringing is located on this game;
iv) 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;
v) 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
vi) 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.
vii) Hooked's Designated Agent is: