GameBrix.com

Last updated December 05, 2007
GAMEBRIX'S TERMS OF SERVICE

GameBrix, is composed of the GameBrix website, www.gamebrix.com, and affiliated sites, and offers games, activities and services including GameBrix Portal and GameBoss products and services. DigitalBrix Inc. and its subsidiaries and affiliates owns these sites. Your use of GameBrix is subject at all times to our Terms of Service, and our Privacy Policy. Your GameBrix member account (“Account”) and all of our games, activities and other services, regardless of when they are added to GameBrix, are governed by our Terms of Service. Our player community is always evolving, so it's important that you periodically check here (as well as the rules and instructions in your favorite game areas) for updates and new information. GameBrix may update or revise the Terms of Service at any time. If we revise the Terms of Service, such revision shall be effective thirty (30) days after posting the new Terms of Service on GameBrix. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our GameBrix.com home page. Your continued use of the Service thirty (30) days after a revised Terms of Service is posted on GameBrix will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is not to use GameBrix and to cancel any Account or services you have signed up for. If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that GameBrix is not required to provide you notice before terminating your Account, but it may choose to do so. The Terms of Service and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and GameBrix regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms of Service and any other rules or instructions posted on GameBrix, GameBrix shall resolve the conflict in its sole discretion. If you have questions about the Terms of Service, please contact us by sending an email to support[at]gamebrix.com.

1.GAMEBRIX ACCOUNT REGISTRATION.
When you complete a GameBrix registration process, you create a GameBrix Account and become a GameBrix Member (“Member”). Your Account allows you to participate in certain games and activities on GameBrix. To create an Account, you must select a login name and password. Your login name is your GameBrix identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your GameBrix Account. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal your password to other users. GameBrix will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your password, you can tell us your reminder words and we will send you your password.) You agree to indemnify and hold GameBrix harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join GameBrix again without our express permission. If you wish to rejoin the service, please contact support[at]gamebrix.com.
Charges, Billing And Free Trials.
You may have a GameBrix Account without paying GameBrix to participate in a game or other activity. However, GameBrix will charge subscription fees to access certain areas of our sites, play certain premium games and participate in related activities on GameBrix. You must have a GameBrix Account and pay the subscription or other fees to participate in these activities. If you must pay a subscription fee to access part of our Service or play a particular game, this information will be posted on GameBrix. Subscription fees and other billing information are published in the Account and Billing Support pages at sales[at]gamebrix.com.

YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
GameBrix reserves the right to change our fees or billing methods at any time and GameBrix will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on GameBrix and you are responsible for reviewing the billing section of GameBrix to obtain timely notice of such changes. Your continued use of the Service of thirty (30) days after posting of the changes on GameBrix means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but GameBrix will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our services is subject to use or sales tax, then GameBrix may also charge you for any such taxes, in addition to the subscription or other fees published in the billing section of GameBrix. For further information please refer to the Account and Billing Support email at sales[at]gamebrix.com.

A. Payment Options.
GameBrix accepts Major Credit Cards and Paypal to process collection of subscription fees. You may pay for subscriptions by Credit Card or Bank Debit Cards at PayPal. Subscriptions paid by Credit Card will automatically renew, unless you affirmatively cancel your subscription. Customers who use Paypal will NOT incur any additional processing fees from GameBrix.

Credit Card
You may use a credit card to pay for your subscription(s). When you provide credit card information to GameBrix, you represent to GameBrix that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you have a GameBrix Account, you agree and reaffirm that GameBrix is authorized to charge your credit card for the subscription fee. You agree to promptly notify GameBrix of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify GameBrix if your credit card expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

Paypal
To use Paypal, please refer GameBrix's PayPal Instructions at www.gamebrix.com/faq#paypal If you do not have a PayPal account, you may set up a free account at www.PayPal.com. GameBrix parent company DigitalBrix is a “verified” merchant on PayPal to process online payments.

B. Trial Subscriptions.
For some games and activities, we may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your Account for that game or activity when the free trial subscription expires, unless you cancel your subscription before that time; or if you agree to terms of any other promotion associated with that subscription. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using GameBrix, even when we offer a free trial subscription. Trial subscriptions may not be transferred at any time to any other user.

C. Fees Charged By Third-Party Sites And Vendors.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to GameBrix. GameBrix may also provide access to or through third-party vendors, who provide content, goods and or services on GameBrix, the Internet or via wireless. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

Termination Of Account.
GameBrix and you both have the right to terminate or cancel your Account or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with GameBrix. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Service or GameBrix’s enforcement or application of this Agreement; (2) the Content available through GameBrix or any change in Content provided through GameBrix; (3) your ability to access and/or use GameBrix; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your Account or a particular subscription by delivering notice to GameBrix's Customer Service Department at sales[at]gamebrix.com. GameBrix reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within GameBrix associated with it (such as points, tokens or in-game items). Active GameBrix Account holders may not allow former Account holders whose Account has been terminated by GameBrix to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with GameBrix must be settled before GameBrix may allow you to register again.

1. ONLINE CONTENT.
By "Content," we mean the software, communications, images, sounds, and all the material and information you see on our Service. GameBrix, our Members, our affiliates, and our independent content providers provide most of the Content on GameBrix. GameBrix does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on GameBrix. Strong vulgar language, crude or explicit sexual references and images, discussions of illegal drugs, images of illegal drugs, and hate speech are always inappropriate Content for GameBrix. Content standards may vary depending on where you are on GameBrix, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don't post it on our message boards or chat. GameBrix representatives may monitor your communications on GameBrix. But we cannot monitor all of the Content on GameBrix, and we do not attempt to do so. Some of the areas on GameBrix allow you to filter the chat you see. You can use this feature to reduce your exposure to words you do not wish to see. Reading the game help documents or asking our GameBrix staff members or other players in the game is a great way to learn how to use these tools. If you encounter something you don't want to see, you can report it to the game support or complaint e-mail address for the area in which the incident occurred. GameBrix does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. GameBrix does not assume any responsibility or liability for Content that is generated by Members or other guests on GameBrix. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. GameBrix does not assume any liability for any failure to remove, or any delay in removing, Content. If we removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating on GameBrix and terminate your Account.

2. ONLINE CONDUCT.
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on GameBrix. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of GameBrix and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of GameBrix and for all of your communication and activity on the Service, including any Content you contribute, and that you will indentify and hold harmless GameBrix., its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on GameBrix, including any Content that you contribute.
You will violate the Terms of Service if you (or others using your Account) do any of the following:
• Post, transmit, promote, or distribute Content that is illegal.
• Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person. •
• Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
• Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
• Impersonate another person (including celebrities), indicate that you are a GameBrix employee or a representative of GameBrix, or attempt to mislead users by indicating that you represent GameBrix or any of GameBrix 's partners or affiliates.
• Attempt to get a password, other account information, or other private information from a Member or any other user on GameBrix. Remember: GameBrix employees will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone.
• Upload any software or Content that you do not own or have permission to freely distribute.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
• Upload files that contain a virus or corrupted data.
• Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
• Improperly use in game support or complaint buttons or make false reports to GameBrix staff members.
• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
• You may not modify any part of the Service or any Service Web Site that GameBrix does not specifically authorize you to modify.
• You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
• You may not post or communicate any player’s real-world personal information within the Service or through any Service Web Site or any Service bulletin board.
• You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
• You will not exploit any bug in the Service or in any GameBrix product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
• You will not attempt to play your GameBrix game on or through any service that is not controlled or authorized by GameBrix. You will not participate in any online service that provides online features or game play for your GameBrix game that is not authorized by GameBrix.
• You will not do anything that interferes with the ability of other Service users to enjoy playing a GameBrix game and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of GameBrix in maintaining the Service for the enjoyment of all its users.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the "Help" or "Report Abuse" functions of the Service (e.g., to capture chat and to report abusive users).
GameBrix does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your GameBrix game. This includes the exchange of points on services including eBay or Yahoo! Auctions. We do not assume any responsibility for, and won't support, such transactions.

ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES!
YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES.
IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, GAMEBRIX MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR GROUPS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD.
THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT GAMEBRIX MAY HAVE MADE.

Public Nature of Communications.
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. GameBrix is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any Content to GameBrix, you expressly grant GameBrix. the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in GameBrix's discretion, and without any notice or compensation to you of any kind.

Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on GameBrix. Chain letters and pyramid schemes are not allowed. You may not use any area of GameBrix to collect information, including login names, about GameBrix Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit GameBrix, or any games or services offered on GameBrix for any commercial purpose. Any violation of these provisions can subject your GameBrix Account(s) to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.

Use of Machines, Computers, Scripts.
The use of machines, computers, scripts or any automated system on GameBrix is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play GameBrix games with one type, version or copy of browsing software application at any one time. GameBrix may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by GameBrix are final.

Proprietary Rights; Copyrights and Trademarks.
Much of the Content available on GameBrix is owned by GameBrix or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from GameBrix unless we have expressly authorized you to do so.
You must have the legal right to upload any Content to GameBrix before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on GameBrix, unless GameBrix expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on GameBrix can lead to the termination of your GameBrix Account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless GameBrix and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

GameBrix Software.
GameBrix grants to you a non-exclusive, limited license to use GameBrix Software to play games on our Service. You may not sub-license, or charge others to use or access GameBrix Software. You may not use GameBrix Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from GameBrix Software. You may not modify GameBrix Software or use it in any way not expressly authorized in writing by GameBrix. You understand that GameBrix’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by GameBrix may vary depending on your computer and other equipment.

NEITHER DIGTALBRIX NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE GAMEBRIX SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

GameBrix Software may be subject to United States export controls. By using GameBrix Software from GameBrix, you warrant that you are not located in any country, or exporting GameBrix Software to any person or place, to which the United States has embargoed goods.
Export Control Laws.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or GameBrix Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to GameBrix any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
User’s Computer Information.

When you connect to GameBrix, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of GameBrix Software. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.

Links to Third-Party Sites.
GameBrix may include hyperlinks to web sites operated by parties other than GameBrix including advertisers and other content providers. Those sites may collect data or solicit personal information from you. GameBrix does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

Additional Terms and Conditions for Specific Games.
When you subscribe to play certain games, you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, GameBrix will be the final and sole arbiter of any such inconsistencies.

3. BETA TESTS.
You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.

Closed Beta Tests:
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to GameBrix, and GameBrix is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until GameBrix publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

All Beta Tests (Closed And Open):
By participating in the GameBrix Beta Test Period, I understand and agree to the following
I understand that this is a beta version.
A beta version is the first version released outside the company, for the purpose of evaluation or real-world testing . A beta version of software generally includes all features, but may also include known issues and bugs of a less serious variety. The users of a beta version are called beta testers. As a beta tester, I understand that the software application or online service is still in development and is provided solely for testing purposes.
I understand and agree that as a beta tester for GameBrix, my e-mail will be automatically registered on the beta tester mailing list.
GameBrix – SubscriptionAgreement for Beta Testers

Please read the terms and conditions of this license agreement (the "License") before using the online software tools at Gamebrix. By accessing and using the Service you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software between you and GameBrix and supersedes any prior proposal or representation. If you do not agree with these terms and conditions, promptly deactivate your account by sending an email to deactivate[at]gamebrix.com.

(1) Subscription and license grant This License permits you to use the Service solely for testing purposes. There is no subscription fee during the beta testing period. You agree that you will not sub-license, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from GameBrix. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.
(2) As a beta tester, you are invited to play beta games and proprietary tools for the sole purpose of evaluating the software and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
(3) When playing some beta games and tools, you may accumulate experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
(4) By selecting a “Generate Game" button to start a beta game or starting the build process, you agree that: (i) testing beta games and software tools is at your own risk and that you know that the software may include known or unknown bugs; (ii) any value or status indicators that you achieve through game play may be erased at any time; (iii) GameBrix has no obligation to make these games or tools available for use without charge for any period of time, nor to make them available at all; (iv) these games and services may be available only by subscription once the testing process is complete or at any time in the future; (v) GameBrix’s Terms of Service apply to your use of the games and software tools during the testing phase; and (vi) if it is a closed beta test, you will keep all information about the beta games and tools confidential as stated above and not disclose such information to any other person.
(5) Beta Test accounts are non-transferable under any circumstances.

5. NEWSLETTERS, CONTESTS & SWEEPSTAKES
By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes.

6. LIMITATIONS ON WARRANTY AND LIABILITY.
YOU EXPRESSLY AGREE THAT THE USE OF GAMEBRIX, GAMEBRIX SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. GAMEBRIX, GAMEBRIX SOFTWARE, GAMEBRIX ’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. GameBrix PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GameBrix WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GameBrix OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT GameBrix, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF GAMEBRIX SOFTWARE. IN NO CASE SHALL GameBrix OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "GameBrix AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GameBrix FOR THE SERVICE. IN NO CASE SHALL GameBrix OR GAMEBRIX AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF GAMEBRIX, GAMEBRIX SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH GAMEBRIX. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GameBrix’S AND GAMEBRIX AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. GameBrix DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH GAMEBRIX AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. IDENTIFICATION.
Upon request by GameBrix, you agree to defend, identify and hold harmless GameBrix and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on GameBrix. GameBrix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to identification by you. In that event, you shall have no further obligation to provide identification to GameBrix in that matter. This Section shall survive termination of this Agreement.
Child Online Protection Act Notification
Pursuant to 47 USC. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering service) are commercially available that may assist you in limiting access to material that is harmful to minors. Visit safetysurf.com for more info.

Parents Indemnification for Minors
ADULTS, GUARDIANS, CARE PROVIDERS, SUPERVISORS AND THE LIKE AUTOMATICALLY AND UNCONDITIONALLY BIND THEIR CHILDREN, MINORS, NONADULTS AND THE LIKE TO ALL CONDITIONS AND TERMS OF SERVICE/USE WHETHER OR NOT YOU HAVE KNOWLEDGE OF THEIR ACCESS TO THIS SITE. IF YOU ARE UNDERAGE AS DETERMINED BY THE LAWS OF THE STATE YOU LIVE IN AND AS DETERMINED BY THE COMMONWEALTH OF MASSACHUSETTS YOU MUST HAVE YOUR GUARDIAN'S SUPERVISION AT ALL TIMES WHILE YOU ARE USING THIS SITE. GUARDIANS, ADULTS AND THE LIKE COVENANT AND AGREE TO USE PARENTAL CONTROLS AS PROVIDED BY THEIR ISP SO AS NOT TO ALLOW MINORS, NONADULTS AND THE LIKE ACCESS WITHOUT THEIR SUPERVISION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THIS SITE ITS OWNERS, EMPLOYEES AND THE LIKE HARMLESS FROM ANY AND ALL LOSSES, COSTS AND EXPENSES INCLUDING ATTORNEYS FEES AND COURT COSTS FOR DIRECTLY OR INDIRECTLY FAILING TO MONITOR MINORS, NONADULTS AND THE LIKE FROM ENTERING THIS SITE. YOU FURTHER AGREE THIS SITES OWNERS, SHAREHOLDERS AND THE LIKE ARE IN NO WAY LIABLE OR RESPONSIBLE FOR UNDERAGE NONADULTS ACCESSING THIS SITE OR ANY AND ALL SITES LINKED FROM HERE. YOU WILL NEVER LOOK TO THIS SITES OWNERS, SHAREHOLDERS AND THE LIKE FOR RESPONSIBILITY OR LIABILITY FOR ANY AND ALL THINGS AND ANY AND ALL SERVICES AND ANY AND ALL CONTENT PROVIDED BY THRU OR IN CONNECTION OF THIS SITE OR ANY AND ALL SITES LINKED FROM HERE. BY MERE ENTRANCE TO THIS SITE, MINORS, NONADULTS AND THE LIKE UNCONDITIONALLY AND AUTOMATICALLY BIND THEIR GUARDIANS, PROVIDERS, PARENTS, SUPERVISORS, CARE PROVIDERS AND THE LIKE TO ALL OF THESE CONDITIONS AND TERMS OF SERVICE/USE WHETHER OR NOT ACCESS TO THIS SITE IS UNDER THE GUARDIANS, PARENTS, SUPERVISORS, PROVIDERS, AND THE LIKE CONTROL. THESE INDEMNITIES SHALL SURVIVE TILL THE END OF TIME.

BY ENTERING THIS SITE ALL MINORS, NONADULTS AND THE LIKE, PERSONS, ENTITIES, ORGANIZATIONS, CORPORATIONS FOR PROFIT OR NOT FOR PROFIT, SECULAR OR NON SECULAR ENTITIES, PUBLIC AND PRIVATE ORGANIZATIONS, GOVERNMENTAL AND NONGOVERNMENTAL AND ANY OTHER FORM OF EXISTENCE AGREE TO THE TERMS OF SERVICE AND AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, EXPENSES AND LOSSES INCLUDING ATTORNEYS FEES AND COURT COSTS FOR ANY AND ALL VIOLATIONS BY YOU AND DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, EXPENSES AND LOSSES INCLUDING ATTORNEYS FEES AND COURT COSTS FOR THE ENFORCEMENT AND INTERPRETATION OF THESES CONDITIONS AND TERMS OF SERVICE AND FOR ANY AND ALL THINGS AND ANY AND ALL SERVICES AND ANY AND ALL CONTENT PROVIDED BY THRU WITH OR IN CONNECTION OF THIS SITE OR ANY SITES NOT AFFILLIATED WITH US BUT ARE LINKED FROM HERE. THESE INDEMNITIES SHALL SURVIVE TILL THE END OF TIME.

8. OTHER LEGAL TERMS.
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the GameBrix Terms of Service and the GameBrix Privacy Policy, including GameBrix’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The laws of the State of Delaware, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with GameBrix or relating in any way to your Membership or your use of GameBrix resides in the courts of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Delaware in connection with any such dispute including any claim involving GameBrix or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

GameBrix Online Software solutions for Casual Gamesbr> The product may contain Adobe Flash Player software by Adobe Systems, Inc. Copyright © 2007 Adobe Systems, Inc. All rights reserved. Adobe Flash are trademarks of Adobe Sytems, Inc. All other trademarks are the property of their respective owners.