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TERMS OF USE




(Last updated November 2007) The TreasureHuntingGames.com Web Site is comprised of various Web pages, including TreasureHuntingGames.com, FeedingFrenzy.com, and any other subdomains operated by Treasure Games Incorporated or its affiliates (collectively, the "TreasureHuntingGames Web Sites").

The TreasureHuntingGames Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TreasureHuntingGames Web Sites constitutes your agreement to all such terms, conditions, and notices. The TreasureHuntingGames Web Sites may also contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas) ("Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the TreasureHuntingGames Web Sites, then these terms shall control.



MODIFICATION OF THESE TERMS OF USE

Treasure Games Incorporated reserves the right to change the terms, conditions, and notices under which the TreasureHuntingGames Web Sites are offered, including but not limited to the charges, if any, associated with the use of the TreasureHuntingGames Web Sites. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledges your agreement.



PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the TreasureHuntingGames Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TreasureHuntingGames Web Sites. You may link to TreasureHuntingGames.com from your website(s) provided that you do not <>



LINKS TO THIRD PARTY SITES

The TreasureHuntingGames Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Treasure Games Incorporated and Treasure Games Incorporated is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Treasure Games Incorporated is not responsible for webcasting or any other form of transmission received from any Linked Site. Treasure Games Incorporated is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Treasure Games Incorporated of the site or any association with its operators.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TreasureHuntingGames Web Sites, you warrant to Treasure Games Incorporated that you will not use the TreasureHuntingGames Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TreasureHuntingGames Web Sites in any manner which could damage, disable, overburden, or impair the TreasureHuntingGames Web Sites or interfere with any other party's use and enjoyment of the TreasureHuntingGames Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TreasureHuntingGames Web Sites. Any function by an individual or collective to disrupt the continuity of service that TreasureHuntingGames provides to customers WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.



USE OF COMMUNICATION SERVICES

The TreasureHuntingGames Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of     others.

    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or     unlawful topic, name, material or information.

    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of     publicity) unless you own or control the rights thereto or have received all necessary consents.

    • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the     operation of another's computer.

    • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service     specifically allows such messages.

    • Conduct or forward surveys, contests, pyramid schemes or chain letters.

    • Download any file posted by another user of a Communication Service that you know, or reasonably should know,     cannot be legally distributed in such manner.

    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin     or source of software or other material contained in a file that is uploaded.

    • Restrict or inhibit any other user from using and enjoying the Communication Services.

    • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

    • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

    • Violate any applicable laws or regulations.

Treasure Games Incorporated has no obligation to monitor the Communication Services. However, Treasure Games Incorporated reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Treasure Games Incorporated reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Treasure Games Incorporated reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Treasure Games Incorporated's sole discretion.

Always use caution when giving out any personally identifying information about yourself or others you know or are legally responsible for in any Communication Service. Treasure Games Incorporated does not control or endorse the content, messages or information found in any Communication Service and, therefore, Treasure Games Incorporated specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Treasure Games Incorporated spokespersons, and their views do not necessarily reflect those of Treasure Games Incorporated.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.



MATERIALS PROVIDED TO TREASURE GAMES INCORPORATED OR POSTED AT ANY TREASUREHUNTINGGAMES WEB SITE

Treasure Games Incorporated does not claim ownership of the materials you provide to Treasure Games Incorporated (including feedback and suggestions) or post, upload, input or submit to any TreasureHuntingGames Web Site or its associated services (collectively "Submissions"), to the extent what you post does not include materials provided to you or otherwise owned by Treasure Games Incorporated or its licensees. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Treasure Games Incorporated, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Treasure Games Incorporated is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Treasure Games Incorporated's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions (excluding materials provided to you by Treasure Games Incorporated for the purpose of making your Submission).



GAMES AND SOLUTIONS AVAILABLE ON THE TREASUREHUNTINGGAMES WEB SITES

Any Games and/or Solutions that are made available to download from the TreasureHuntingGames Web Sites, excluding games or solutions that may be made available by end-users through a Communication Service, ("Game(s)") AND (“Solution(s)”) are the copyrighted works of Treasure Games Incorporated and/or its suppliers. Your use of the Game(s) or Solution(s) is(are) governed by the terms of the TreasureHuntingGames.com Treasure Games Incorporated license agreement ("License Agreement"). You may not install or use any Game(s) that is(are) accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Game(s) not accompanied by a license agreement, Treasure Games Incorporated hereby grants to you, the user, a personal, non-transferable license to use the Game(s) for viewing/solving/entering the solution (“Solution(s)”) and otherwise using the particular TreasureHuntingGames Web Sites in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All submitted Solution(s) become the sole property of Treasure Games Incorporated. Winning Solution(s) may be posted, made public, printed, published, or otherwise made available to TreasureHuntingGames.com Treasure Games Incorporated sites. All Game(s) and Solution(s) is(are) owned by Treasure Games Incorporated and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Game(s) or Solution(s) is(are) expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE GAME(S) TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE GAME(S) IS(ARE) WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Game(s), and any accompanying documentation and/or technical information, is subject to all applicable international laws and regulations. To be in non-violation of this paragraph, you may obtain exclusionary permissions (“Exemption(s)”) on a case-by-case basis, by contacting Treasure Games Incorporated to obtain written Exemption(s). Specific Exemption(s) may be issued in a blanket clause, which will accompany the Game(s) and Solution(s) so exempted. The specific Exemption(s) will be legally binding on all users of the TreasureHuntingGames.com site.



SOFTWARE AVAILABLE ON THE TREASUREHUNTINGGAMES WEB SITES

Software (if any) that is made available to download from the TreasureHuntingGames Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Treasure Games Incorporated and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Treasure Games Incorporated hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular TreasureHuntingGames Web Sites in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Treasure Games Incorporated and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.



LIABILITY DISCLAIMER

THE INFORMATION, GAMES, SOLUTIONS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TREASUREHUNTINGGAMES WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TREASURE GAMES INCORPORATED AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TREASUREHUNTINGGAMES WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE TREASUREHUNTINGGAMES WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TREASURE GAMES INCORPORATED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, GAMES, SOLUTIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS FOR ANY PURPOSE. ALL SUCH INFORMATION, GAMES SOLUTIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TREASURE GAMES INCORPORATED AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, GAMES, SOLUTIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL TREASURE GAMES INCORPORATED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, INCONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LACK OF WINNINGS, TIMING OF WINNING SOLUTIONS SUBMISSIONS, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TREASUREHUNTINGGAMES WEB SITES, WITH THE DELAY OR INABILITY TO USE THE TREASUREHUNTINGGAMES SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TREASUREHUNTINGGAMES WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE TREASUREHUNTINGGAMES WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TREASURE GAMES INCORPORATED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TREASUREHUNTINGGAMES WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TREASUREHUNTINGGAMES WEB SITES.



TERMINATION/ACCESS RESTRICTION

Treasure Games Incorporated reserves the right, in its sole discretion, to terminate your access to any or all TreasureHuntingGames Web Sites and the related services or any portion thereof at any time, without notice.



GENERAL

This agreement is governed by the laws of the State of Tennessee, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Knox County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the TreasureHuntingGames Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Treasure Games Incorporated as a result of this agreement or use of the TreasureHuntingGames Web Sites. Treasure Games Incorporated's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Treasure Games Incorporated's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TreasureHuntingGames Web Sites or information provided to or gathered by Treasure Games Incorporated with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Treasure Games Incorporated with respect to the TreasureHuntingGames Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Treasure Games Incorporated with respect to the TreasureHuntingGames Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.



COPYRIGHT AND TRADEMARK NOTICES:

All contents of the TreasureHuntingGames Web Sites are: Copyright © Treasure Games Incorporated and/or its suppliers, U.S.A. All rights reserved.

TRADEMARKS. Treasure Games Incorporated, Feeding Frenzy and/or other Treasure Games Incorporated games or products referenced herein are either trademarks or registered trademarks of Treasure Games Incorporated. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.



NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Go to: Faq:Privacy FOR INFORMATION REGARDING THE TREASUREHUNTINGGAMES PRIVACY STATEMENT



© 2007 Treasure Games Incorporated. All Rights Reserved