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Terms of Service

I. Governing Agreement

Any use of any products (“Service”) created or distributed by Phineus Media (“We” or “Us”) constitutes understanding and acceptance of these Terms of Service (“Terms”). Usage of these Service is also governed by Phineus Media’s Privacy Policy which is incorporated in these Terms by reference. In accepting these Terms, you are bound by their contents, and all information outside of the Terms will be considered unofficial and non-binding.

II. Updates to These Terms

Phineus Media reserves the right, at our discretion, to change, modify, add or remove portions of these Terms and its Privacy Policy at any time by updating all outside references to the Terms. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. We may also revise other policies, codes or rules at any time, and the new versions will be made appropriately available to users. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Phineus Media had actual notice before the date of the amendment.

This agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.

To the extent the Terms of Service or Privacy Policy conflict with any other terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Privacy Policy shall govern.

III. Grant of Limited License to The Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, Phineus Media grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations of these Terms to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

IV. Accessing the Service

By accessing or using the Service you accept and agree to these Terms of Service and the Privacy Policy. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

V. Use of the Service

You shall not create an account on the Service (an “Account”) or access the Service if you are under the age of 13. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself. You shall not have an Account or use the Service if you have previously been removed by Phineus Media or previously been banned from playing any Phineus Media Service. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals. You shall use your Account only for non-commercial purposes. You shall not use your Account to engage in any illegal conduct. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Phineus Media’s written permission. You shall not access or use an Account that has been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Phineus Media’s permission.

VI. Account Information

During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:

  • a. You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
  • b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Phineus Media and modify your Login Information;
  • c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information whether or not authorized by you; and
  • d. You are responsible for anything that happens through your Account.

We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

VII. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section III, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY PHINEUS MEDIA SERVICE IS A VIOLATION OF PHINEUS MEDIA POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

  • a. Engage in any act that We deem to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
  • b. Make improper use of Phineus Media’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
  • c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation

CHEATING AND HACKING – You agree that you will not, under any circumstances:

  • d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Phineus Media game experience;
  • e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Phineus Media game experience;
  • f. Without Phineus Media’s express written consent, modify or cause to be modified any files that are a part of the Service;
  • g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Phineus Media game environment (each a “Server”); or (2) the enjoyment of the Service or any Phineus Media game by any other person;
  • h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
  • i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Phineus Media, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

COMMERCIAL ACTIVITY – You agree that you will not, under any circumstances:

  • n. Without Phineus Media’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation;
  • o. Use the Service or any part thereof for performing in-game services, such as obtaining unlockables, in exchange for payment outside the Service; or
  • p. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;

UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances:

  • q. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
  • r. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Phineus MEdia game characters, elements, or environment. Phineus Media may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
  • s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
  • t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • u. Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
  • v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Phineus Media;
  • w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Phineus Media; or
  • x. Copy, modify or distribute rights or content from any Phineus Media Service, or Phineus Media’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;

COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that you will not, under any circumstances:

  • y. Solicit or attempt to solicit personal information from other users of the Service;
  • z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
  • aa. upload or transmit or attempt to upload or transmit, without Phineus Media’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

VIII. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, PHINEUS MEDIA MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR PHINEUS MEDIA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND PHINEUS MEDIA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

We reserve the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Phineus Media shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may cancel any Account registered to you at any time by contacting Phineus Media at phineus.media@gmail.com.

IX. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Phineus Media games. Phineus Media reserves the right, but has no obligation, to become involved in any way with these disputes.

If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

X. Advertising

You understand that the Service and Phineus Media games may feature advertisements from Phineus Media or third parties. Phineus Media’s disclosure of information for third party advertising is addressed in the Privacy Policy.

We may provide links on the Service to third party websites or vendors. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Phineus Media makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Phineus Media and may collect data or solicit personal information from you. Phineus Media is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Phineus Media of these linked sites.

XI. Updates to the Service

You understand that the Service is an evolving one. We may require that you accept updates to the Service and to Phineus Media’s games you have installed on your device. You acknowledge and agree that Phineus Media may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Phineus Media’s Games.

XII. Disclaimers/Waivers/Limitations/Indemnification

XII.1 Disclaimers of Warranties

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 APPLICABLE LAW 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 PHINEUS MEDIA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “PHINEUS MEDIA PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

XII.2 Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE 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 (INCLUDING NEGLIGENCE) AND THAT THE PHINEUS MEDIA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PHINEUS MEDIA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PHINEUS MEDIA 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.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE PHINEUS MEDIA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PHINEUS MEDIA IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PHINEUS MEDIA ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PHINEUS MEDIA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PHINEUS MEDIA.

XII.3 Indemnification

You agree to indemnify, save, and hold Phineus Media, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Phineus Media reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Phineus Media, and you agree to cooperate with Phineus Media’s defense of these claims. Phineus Media will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

XIII Severability

You and Phineus Media agree that if any portion of these Terms of Service or of the Privacy Policy 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 solely 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.

XIV. Assignment

Phineus Media may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Phineus Media’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

XV. Additional Policies

Phineus Media may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

XVI. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Phineus Media, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

XVII. Language of Terms

If We provide you with a translation of the English language version of these Terms of Service, the Privacy Policy or any other policy (collectively “Phineus Media Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Phineus Media Policies.

In the event of a conflict between a translation of the Phineus Media Policies and the English version, the English version of the Phineus Media Policies will control.

XVIII. No Waiver

The failure of Phineus Media to require or enforce strict performance by you of any provision of these Terms of Service or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Phineus Media’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Phineus Media of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Phineus Media shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Phineus Media.

XIX. Force Majeure

Phineus Media shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Phineus Media, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Phineus Media’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

XX. Notices

You agree that Phineus Media may provide you with notices, including those regarding changes to the Terms, by email or regular mail. By providing Phineus Media your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

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