Terms Of Service
These Terms of Service (“Terms”) comprise the legally binding terms and conditions pursuant to which you agree to view, participate, access or otherwise use baboonix domains and sub-domains, any WebPages, applications or content hosted or accessible through said domain, including, without limitation, the products, software, games and applications offered by baboonix Ltd. and/or any of its affiliates (“baboonix”), whether accessed directly or through third party web sites (collectively, the “Service” and/or "Services"). By using or accessing the Service, you agree to be bound by these Terms.
1. Access to baboonix Service
a) Subject to these Terms, as they may be modified from time to time, baboonix grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software in user mode as automatically downloaded to your laptop, personal computer or desktop station by off-the-shelf browser 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 under these Terms.
b) baboonix reserves the right to change these Terms in any way and at any time without notice to you. However, no amendment to these Terms shall apply to a dispute of which baboonix had actual notice on the date of amendment. Any modifications of these Terms shall be performed by baboonix at its sole discretion and will be posted within the www.baboonix.com domain in the designated area. baboonix may also perform modifications of these Terms with respect to specific components of the Service or a type of Services.
c) By agreeing to these Terms, you assume full responsibility for reviewing these Terms as amended from time to time, and no claims of failure to review; misunderstanding or being unaware of provisions of these Terms shall be an acceptable claim against baboonix.
d) baboonix 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 of any kind.
e) You agree to be bound by any application, forum, or game specific rules, guidelines or policies published by us from time to time.
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 baboonixs’s copyrights in and to the Service. baboonix reserves the right to terminate your access to the Service without notice if you violate these Terms, or to take any action it deems necessary with the scope of applicable law.
g) In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States of America or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself to the extent prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or baboonix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, baboonix has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). baboonix is concerned about the safety and privacy of all its users, particularly children. Therefore, you represent that you are 16 years old or older. If you are between the ages of 16 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
2. Ownership of Intellectual Property
a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by baboonix 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. baboonix, the baboonix logos, baboonix game logos, and all game names are trademarks of baboonix and may not be used without the express written permission of baboonix.
b) You do not acquire any ownership rights or, other than the limited license expressly granted herein, any other right of any kind, by accessing or otherwise using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods. Any uploads to the Service shall be deemed an irrevocable waiver of all rights in and to such materials or content.
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 baboonix.
d) All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to baboonix in connection with the use of the Service shall be the exclusive property of baboonix. You agree that unless otherwise prohibited by law baboonix may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
3. User Generated 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 baboonix and/or to or via the Service, including, without limitation, text, writings, photographs, information, data, software, music, sound, graphics, video, messages, tags, or other materials graphics, comments, suggestions or personally identifiable information or other material (collectively "User Generated Content"). Any material you transmit to baboonix or through use of the Service will be treated as non-confidential and non-proprietary. You, and not baboonix, are entirely responsible for all your User Generated Content that you upload, post, email, transmit or otherwise make available via the Service. baboonix does not control the User Generated Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Generated Content. You understand that by using the Services, you may be exposed to User Generated Content that is offensive, indecent or objectionable. Under no circumstances will baboonix be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via the Services.
b) You agree that your User Generated 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 baboonix incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
c) You grant to baboonix 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 Generated 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) baboonix has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but baboonix does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
e) baboonix has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Generated Content from the Service without notice for any reason at any time. baboonix may move, re-format, edit, alter, distort, remove or refuse to exploit User Generated Content without notice to you and without liability; provided, however, that baboonix reserves the right to treat User Generated Content as content stored at the direction of users for which baboonix 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 baboonix's attention.
f) You acknowledge that you do not rely on baboonix 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.
4. Privacy and Protection of Personal Information.
a) baboonix respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with baboonix. Please see baboonix’s Privacy Policy at www.baboonix.com for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which baboonix collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of baboonix's Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to contact@baboonix.com
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the baboonix Services to parties identified on such lists; (b) agree not to use the baboonix Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S., UK or EU export laws, regulations or directives; (c) agree not to transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
You also agree that due to the technical architecture of baboonix, any data or information provided or disseminated using the Services are exported outside the state, country and communal territories such as outside the US, EU and UK, and you agree to the export, storage and maintaining of User Generated Contentand any other data by baboonix and its third party suppliers, partners and customers, outside your jurisdiction. You also understand that these territories may not have data protection laws at all and you acknowledge and agree to the same.
5. In-Game Virtual Currencies/Goods
a) The Service may include a virtual, in-game currency (“baboonix Credits”) including, but not limited to coins, cash, or points, that may be purchased from baboonix for legal tender if you are a legal adult in your country of residence. The Service may also include virtual, in-game web items (“baboonix Goods”) that may be purchased from baboonix for legal tender or for baboonix Credits. Regardless of the terminology used, these baboonix Credits and baboonix Goods are all services provided by baboonix and are not products per se and shall not be governed by any law pertaining to product liability, consumer protections acts or sale of goods regulations. Moreover, they may never be redeemed for legal tender or any other kind of consideration or compensation, “real world” money, goods or other items of monetary value from baboonix or any other party.
b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the baboonix Goods or baboonix Credits in the Service, you have no right or title in or to any such baboonix Goods or baboonix Credits appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
c) baboonix has the absolute right to manage, regulate, control, modify and/or eliminate such baboonix Credits and/or baboonix Goods as it sees fit in its sole discretion, and baboonix shall have no liability to you or anyone for the exercise of such rights.
d) Transfers of Virtual Currencies and baboonix Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any baboonix Credits or baboonix Goods for legal tender or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from baboonix Service and possible legal action.
e) You agree that all sales of baboonix Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All baboonix Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in baboonix's sole and absolute discretion, or if baboonix discontinues providing the Service.
6. Posting on Other Web Sites
a) You are granted a limited revocable license to post an image of your personal avatar and/or screen shot from your account, to the extent applicable, within the Service and any other materials that baboonix specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the users’ discretion provided that such third party web site (i) is not commercially competitive to baboonix (ii) does not criticize or injure baboonix, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of baboonix's rights and remedies are expressly reserved, and baboonix may revoke this limited license, in whole or in part, upon notice.
b) Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site:
1) You must display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and
2) You agree to include, and not remove or alter, baboonix's trademark, copyright or other proprietary rights notices, as provided by baboonix on the Service and within e-mail page(s), when displaying an avatar or images from a baboonix game, and you agree to comply with usage guidelines that may be provided by baboonix from time to time. You agree that all goodwill that arises in connection with your use of baboonix's trademarks inures exclusively to baboonix, and you agree not to challenge baboonix's ownership or control of any baboonix trademarks, nor use or adopt any trademarks that might be confusingly similar to such baboonix trademarks.
7. Limitation of Use
a) As a condition of your use of and access to the Service, you agree to comply with the following Usage Rules, which are the minimum rules, which may be expanded by baboonix, 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 Generated Content will not:
1) promote violence or describe how to perform a violent act.
2) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
3) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
4) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
5) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
6) 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:
1) 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;
2) attempt to impersonate any other party;
3) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
4) trick, defraud or mislead baboonix and other users, especially in any attempt to learn sensitive account information such as passwords;
5) make improper use of baboonix’s support services or submit false reports of abuse or misconduct;
6) 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;
7) disparage, tarnish, or otherwise harm, in baboonix's opinion, baboonix and/or the Service;
8) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by baboonix on the Service;
9) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
10) 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 Generated Contentor modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
11) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
12) 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 or obtain access to any private or non public areas of the Service or the databases or servers of baboonix without express authorization;
13) 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");
14) 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;
15) cover or obscure any notice, banner or advertisement on the Service;
16) disguise the source of your User Generated 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;
17) 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;
18) sell the Service or any part thereof including but not limited to baboonix Goods or baboonix Credits, user accounts and access to them in exchange for real currency or items of monetary value; or
19) engage in cheating or any other activity deemed by baboonix to be in conflict with the spirit or intent of the Service.
d) baboonix does not control or endorse the content, messages or information found in the User Generated Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, baboonix specifically disclaims any responsibility with regard thereto.
8. User Account Responsibility
a) This Service is offered through various social networks. The Service may only be available to persons who are registered members of the social network through which they access the game and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service (“User Account”), you agree to provide, maintain and promptly update complete ,true, current and accurate information about yourself.
b) If you provide any information, or if baboonix has reasonable grounds to suspect that any information you provide ,is untrue, inaccurate, not current or incomplete, or baboonix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, baboonix 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) on its sole discration.
c) Users that maintain more than one account on a social network may not access this Service from multiple accounts.
d) baboonix reserves the right to terminate User Accounts that have been inactive for 180 consecutive days.
9. Disputes with Others
If you have a dispute with other users, you release baboonix and hereby agree to indemnify baboonix 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. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service.
10. Disclaimers; Limitations; Waivers of Liability
a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER baboonix NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "baboonix PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
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 baboonix 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 baboonix PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE baboonix 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 baboonix PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID baboonix IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
11. Indemnification
You agree to defend, indemnify and hold harmless the baboonix Parties 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.
12. 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 England governing contracts entered into and to be fully performed in England (i.e., without regard to conflict of laws provisions) regardless of your location unless otherwise specified. 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 the courts located in England, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenance with respect to, these courts.
b) You acknowledge that the rights granted and obligations made hereunder to baboonix are of a unique and irreplaceable nature, the loss of which shall irreparably harm baboonix and which cannot be replaced by monetary damages alone so that baboonix 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) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and baboonix 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 baboonix Ltd. (Legal Department).
d) Binding Arbitration. If you and baboonix are unable to resolve a Dispute through informal negotiations, either you or baboonix 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. The arbitration shall be commenced and conducted under the Rules of Arbitration of the International Chamber of Commerce. 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 baboonix 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 baboonix agree that any arbitration shall be limited to the Dispute between baboonix 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 baboonix 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 baboonix’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.
13. Severability and Waiver
a) The failure of baboonix 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 baboonix's right to assert or rely upon any such provision or right in that or any other instance.
b) You and baboonix agree that if any portion of these Terms, except any portion of section 12(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 12(e) is found to be illegal or unenforceable then neither you nor baboonix will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the England, and you and baboonix agree to submit to the personal jurisdiction of that court.
14. Miscellaneous
a) baboonix operates and controls the Service from its offices in the Isle of Man. baboonix 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 baboonix 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.
b) 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.
c) These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, baboonix or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from baboonix if, in our sole discretion, you fail to comply with any term or provision of these Terms.
d) 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 baboonix's prior written consent. These Terms contain the entire understanding of you and baboonix, 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 baboonix. 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 baboonix's request, you will furnish baboonix any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against baboonix 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.
15. Statute of Limitations
You and baboonix both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
16. 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 baboonix's Designated Agent listed below. For your notice to be effective, it must include the following information:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2) A description of the copyrighted work that you claim has been infringed upon;
3) A description of where the material that you claim is infringing is located on this game;
4) 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;
5) 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
6) 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.
7) baboonix's Designated Agent is:
Amber Business Limited, Royal Trust House, 60 Athol Street, Douglas, Isle of Man, IM1 1JD.
Attn: Baboonix Ltd. Intellectual Property Agent