Terms of Use

Date of Last Revision: June 8th, 2015

TERMS AND CONDITIONS OF USE

Acceptance by Use

By accessing and browsing the makebelievegames.com domain and any website extensions (collectively, the “Make-Believe Games Website”) and/or utilizing any of its services, you are accepting these Terms and Conditions of Use (“Terms”) and the Privacy Policy, which is incorporated by reference into the Terms. By accepting these Terms you agree that you’ve read and understood them.

We reserve the right to change these Terms at any time. The date of last revision will be posted at the top of http://www.makebelievegames.com/terms-of-use/. You are responsible for reading and evaluating the Terms as they are revised.

If you do not agree to the Terms, you are not permitted to browse the Make-Believe Games Website and/or utilize any of its services.

General

These Terms and the Privacy Policy apply to all aspects of the Make-Believe Games Website, including but not limited to all products, software, content, applications and services offered via the Make-Believe Games Website.

By accessing and browsing the Make-Believe Games Website, YOU AGREE THAT YOUR USE OF THE Make-Believe Games WEBSITE IS AT YOUR OWN RISK. Make-Believe Games is not responsible for and does not regularly monitor the Make-Believe Games Website. Make-Believe Games is not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from use and/or access of the Make-Believe Games Website. You understand and agree you may be exposed to communications, including but not limited to public posts and posts by Make-Believe Games , that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Make-Believe Games with respect to the content.

By accessing and browsing the Make-Believe Games Website, you agree to the following:

  • You are at least 18 years of age, OR an emancipated minor, OR have specific legal guardian or parental consent, and are fully able to enter into this legal, binding agreement, being the Terms.
  • You affirm that you are over the age of 13. The Make-Believe Games Website is not intended for children 13 and under, and are not permitted use.
  • You will not transmit any bugs, viruses, trojan horses, bots, scrapers, or any like or related programming through or to the Make-Believe Games Website.
  • You will not alter, modify, or change the Make-Believe Games Website or any portion of it, including security features, except as expressly permitted by Make-Believe Games .
  • You will not engage in any illegal (contrary to applicable local, national and international laws) activities on, to, or through the Make-Believe Games Website.

Make-Believe Games will do its best to maintain the website and release accurate information through it. However, Make-Believe Games cannot guarantee the accuracy or completeness of the Make-Believe Games Website. Make-Believe Games is not liable for any: (1) errors, mistakes, opinions, or inaccuracies with regard to content; (2) any interruption or cessation of transmission to or from our website; (3) any errors or omissions in any content or for any loss or damage of any kind resulting from the use of any content posted, emailed, transmitted or otherwise made available through the Make-Believe Games Website; (4) any unauthorized access to our secure servers and the personal and/or financial information contained within; (5) any bugs, viruses, trojan horses and the like which may be transmitted to or through the Make-Believe Games Website by any third party.

The Make-Believe Games Website may contain links to third party websites. Make-Believe Games has no control over, and assumes no responsibility for, the content of any third party websites.

Additional Terms

Permissions

Provided you abide by the Terms, Make-Believe Games grants you permission to access the Make-Believe Games Website for personal use and/or limited commercial use as expressly permitted herein.

Warranty Disclaimer

The Make-Believe Games Website is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, Make-Believe Games , its owners, operators, officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Make-Believe Games Website and your use thereof.

Limitation of Liability

Under no circumstances, including but not limited to negligence, shall Make-Believe Games , its owners, operators, officers, directors, employees or agents, but liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1)Use or inability to use the Make-Believe Games Website, including without limitation use of or reliance on information available on this Make-Believe Games Website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance; (2) Errors, mistakes, opinions, or inaccuracies with regard to information available on the Make-Believe Games Website; (3) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (4) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (5) Any interruption or cessation of transmission to or from the Make-Believe Games Website; (6) Any bugs, viruses, trojan horses, bots, or the like, which may be transmitted to or through the Make-Believe Games Website by any third party; (7) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use on any content posted, emailed, transmitted, or otherwise made available via the Make-Believe Games Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Make-Believe Games is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Make-Believe Games shall not be liable for CCs, the content of CCs, or the defamatory, offensive, or illegal conduct of any other user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnification

You agree to indemnify and hold harmless Make-Believe Games and its owners, operators, officers, directors, employees, affiliates, assigns and agents, from and against any actions, claims, obligations, losses, liabilities, costs or debt, and expenses (including without limitation, attorney’s fees and costs) arising from or in connection with: (i) your use of and access to the website; (ii) your violation of any term or provision of these Terms and Conditions of Use; (iii) your failure to abide by applicable local, state, federal and international law; (iv) your violation of any other Player or other third party right, including but not limited to any copyright, trademark, property, or privacy right; (v) any claim that one of your Player Communications or private messages caused damages to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms and Conditions of Use. This indemnification obligation survives these Terms and Conditions of Use and your use of this website.

You hereby release and waive any and all claims, liability, and causes of action against Make-Believe Games arising from or in connection with your use of the Make-Believe Games Website.

Trademarks and Copyright

Make-Believe Games graphics, logos, page headers, button icons, scripts,and service names are trademarks, registered trademarks, or trade dress of Make-Believe Games or its affiliates in the United States and/or other countries. These trademarks, registered trademarks, and trade dress may not be used in connection with any product or service without the express written consent of Make-Believe Games , or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Make-Believe Games . All other trademarks not owned by Make-Believe Games that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Make-Believe Games . Any other intellectual property, as well as any information and material that appears on the Make-Believe Games Website belongs to Make Believe Games Inc, unless otherwise specified.

You agree not to copy and/or adapt the code used to generate the Make-Believe Games Website and all the graphic material that it offers, including buttons, bars, fonts, logos, photographs or other material not specified under these Terms, without the express permission of Make-Believe Games .

The Make-Believe Games Website and all related websites, including those which offer services under its mark, are published and maintained by Make-Believe Games.

Assignment

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Make-Believe Games without restriction.

Governing Law and Venue

The laws of the Nation of Georgia govern all matters arising out of or relating to these Terms and Conditions of Use, without giving effect to conflicts of law principles thereof. You submit to the exclusive jurisdiction if the courts of the Nation of Georgia for resolving any claim or dispute arising out of or relating to these Terms and Conditions of Use. You agree that: (i) the website shall be deemed solely based in the Nation of Georgia; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Make-Believe Games , either specific or general, in jurisdictions other than the Nation of Georgia.

Entire Agreement

These Terms and Conditions of Use, together with the Make-Believe Games Privacy Policy incorporated herein by reference, constitute the entire agreement between you and Make-Believe Games with respect to the website, and supersede and replace any other agreement, document, correspondence, negotiation, conversation, or other written or oral understanding between you and Make-Believe Games with respect to the subject matter of this agreement.

Severability

If any term or provision of these Terms is held void, invalid, inoperative, or otherwise unenforceable by a court of competent jurisdiction, then no other term or provision will be consequently affected, and the remaining terms and provisions will remain in full force and effect.

Miscellaneous

The captions contained herein are for reference purposes only and are not part of this agreement.

Make-Believe Games reserves the right to discontinue any aspect of the website at any time.

Make-Believe Games reserves all rights not expressly granted herein.

You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred.

Nothing in the Terms and Conditions of Use shall be deemed to confer any third party rights or benefits.