In this Terms of Service "you" or "your" means any individual using the Site, and for any user under the age of 18 also includes such individual's parent or legal guardian supervising their on-Site activities and use.
Use of the Site is void where prohibited by applicable law. This Site is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Site by anyone under 13. By using the Site, you represent and warrant that you are 13 years of age.
Amendments and Special Terms
Permitted Use and Rights
The entire contents of the Site, including text, design, look and feel, interactives, compilations, arrangement and placement, videos, animations and images, games, information, materials, functions, coding and other content ("Content") contained on the Site or used in our features or services are copyrighted to us or to our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. Except as we expressly agree in writing, no Content may be reproduced, transmitted, distributed or otherwise used in any way other than as part of the Site or as expressly set forth herein or therein. Any commercial use, "re-mailing," "framing" or high-volume or automated use of the Site or any of our features or services is prohibited. You may not use or permit others to use any data mining, robots, scraping or similar data gathering or extraction methods.
Any information, including but not limited to, remarks, suggestions, ideas, graphics, user generated content of any type or other submissions submitted or communicated to FillGame Games through this Site, is deemed non-confidential and is the exclusive property of FillGame Games. We are entitled to use any information submitted for any purpose without restriction and without compensation to, or acknowledgment of, its source. This does not apply to personal data or identifiable information as covered in our Privacy Statement.
Accounts and Registrations
Certain activities, services, information and materials provided by us on or through the Site, our features or services may be accessed and used without your having to register at the Site. Some features, services and access require that you create a free registered account with us. You agree to provide, maintain and update your e-mail address and any other information about yourself requested during the registration process. You agree to provide true and accurate information about yourself in the registration form and shall inform FillGame Games promptly about any changes relevant to the registration (e.g. change of name or e-mail address).
You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, e-mail, password or other account information, or another person's name, likeness, image or photograph. You also agree to promptly notify us of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site, our features or services.
FillGame Games shall be entitled to deny access to password protected features or account by blocking your User ID and password, suspending or shutting your account at any time without notice for any reason whatsoever in our sole and absolute discretion.
Safety and Security
We recommend that parents and legal guardians take an active role in their child's use of the Internet and online services and recommend that any minor using our site advises their parents and legal guardian of that fact. We restrict the users of FillGame to those who reside in North America and are 13 years of age or older. If you are aware of any underage users with a registration at FillGame, please notify use at Contact Us. We also provide information about Internet safety of interest to teens using our Site, parents and all users by linking to WiredSafety.org and other trusted cybersafety charities.
In addition, you agree not to use the Site or any of its services, features or functions to:
harvest or collect e-mail addresses or other contact information from the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Site;
upload, post, transmit, share, store, communicate or link to or otherwise make available any content or media of any type that we deem (in our sole and absolute discretion) to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
impersonate any person or entity, access their account without their authorization for any purpose or posing as such person or falsely state or otherwise misrepresent yourself, your age, your country of residence, your e-mail address or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, postal addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
upload, post, transmit, share or otherwise make available any material that contains software viruses, malware or any other computer code, functions, features, files or programs designed to interrupt, destroy or limit the functionality of or monitor any computer software or hardware or telecommunications equipment;
intimidate, annoy, embarrass, threaten, extort or harass another;
upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the individual and us, or create an account using a false identity on the Site.
upload, post, transmit, share, store or otherwise make available content that (in our sole and absolute discretion and judgment) is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us, our users, the public or any of our licensees, agents or Indemnified Parties to any harm, embarrassment or liability of any type.
You are responsible for maintaining the confidentiality of your account, and for all activities that occur through the use of your account. We are not liable for any loss or damage arising from your failure to secure your account, user name and password.
Your user name and password give you access to the registered services and your account. If your user name or passwords are shared with or accessed by others without your authority, you and your account will be vulnerable to misuse. Therefore, you should select a password that is "easy to remember, but hard to guess" to protect your account from unauthorized use or takeover. Many types of cyberharassment and cyberbullying start with the misuse of the target's password and account. So choose it wisely and guard it carefully. If you believe that your user name and password or account have been compromised, report that to us immediately at Contact Us. We may require that you provide proof of identity and account ownership before we take action on your report.
We have security processes, policies and procedures to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Note that no processes, policies or procedures are foolproof and although we use reasonable efforts to safeguard the security of your account and personally identifiable information, transmissions and storage of account and personally identifiable information are vulnerable to attack and cannot be guaranteed to be secure.
User Accounts, points and scores, usernames and passwords are not transferable and have no cash value.
Links to Other Websites
For Residents of California
If you are a California resident, you waive any rights you may have under California Civil Code В§ 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ALL INFORMATION ON THIS SITE IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.
While FillGame Games has used its best efforts to provide accurate and timely information on this Site, it makes no warranties or representations as to its accuracy or completeness. In no event shall FillGame Games or its affiliates, licensees, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, partners, or related entities be liable for any direct, incidental, consequential, indirect, punitive, special, exemplary damages, or any damages whatsoever, arising from or in any way connected or relating to the Site or access to accounts, scores or points, the use or inability to use any content or material of this Site, from downloading any information, software, functions or features or materials from this Site or that may result from loss or use of data, even if any of the Indemnified Parties has been advised of the possibility of such damages. In addition, FillGame Games shall not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. In addition, FillGame Games cannot be held liable for any conduct of any user and any potentially resulting damage thereof.
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
We respect the intellectual property rights of others and we prohibit users from uploading, posting, sharing, distributing, storing, modifying or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. In accordance with the Digital Millennium Copyright Act we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat violators. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement Contact Us
We are interested in receiving any feedback, comments or ideas you might have about us, the Site, our services, features and activities. Contact Us
Some provisions for us to discuss
Suspension or Termination of Accounts or Prohibited Use of the Site
We reserve the right to delete or suspend any account as we believe may be necessary (determined in our sole and absolute discretion) to protect the integrity of our Site, FillGame Games or its affiliates, or the safety, privacy and well-being of our users, ourselves and third-party providers or members of the public or which has had no activity for a period of 90 days or more. If your account has been deleted for any reason, you may not reactivate it and all data, scores and points are lost permanently. If you do not want your account deleted for inactivity, make sure you use it on a regular basis.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be New York City, NY and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules.. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.