Terms of Service (Updated on 11/16/2011)
Please read the following Terms and Conditions of Use carefully before continuing. By using this site, you signify your acceptance of these Terms:
These Terms govern your use of the DailyFlashGames.com online service, which provides games the "Service"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas. These Terms, together with any such additional terms and conditions, are referred to as the "Terms."
II. MODIFICATION OF TERMS
766media, Inc. d/b/a DailyFlashGames.com (the "Company") reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon notice published on the Site. We suggest that you check these terms periodically for changes. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by The Company as discussed above. If at any time these Terms are no longer acceptable to you, you should immediately cease all use of the Service.
III. REGISTRATION OBLIGATIONS
To use certain areas of this site, you must first submit a complete Registration Form available at http://www.DailyFlashGames.com/users/signup.php. When submitting a Registration Form, you agree to:
(a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the "Registration
(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 the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. By providing information through this web site, you represent and warrant that you are 18 years of age or older and that all the information you are providing, including your e-mail address, is accurate, current and complete.
V. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
VI. USE OF CONTENT
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are the property of the Company or third parties who have authorized the appearance of their content on this site. U.S. and international copyright, trademark or other intellectual property laws protect all Content. All rights in Content are reserved. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.
You may download or copy the Content, as authorized on this site and only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written consent of the Company or the owners of such Content or their authorized representatives, if other than the Company.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
VII. MANAGING CONTENT
You may post on the Service any Content owned by you (such as your original statements, pictures, and videos), Content for which you have received express permission from the owner, and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to the Company an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
The Company does not and cannot review all Content posted by users on the Service and is not responsible for such Content. However, The Company reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates these Terms or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
You are solely responsible for all Content you post on the Service. You can be held legally liable for all Content you post on the Service. Without limiting the foregoing, you may be held legally accountable if any Content you post on the Service includes, for example, material protected by copyright, trademark, patent or trade secret law without the permission of the author or owner, or defamatory comments. The Company is not responsible for any loss of data resulting from network or system outages, file corruption or any other reasons.
VIII. RULES OF CONDUCT FOR POSTING CONTENT
You shall not post on the Service any Content that
(a) is libelous, defamatory, obscene, pornographic, abusive, harassing or
(b) contains viruses or other contaminating or destructive features;
(c) violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or
(d) otherwise violates any applicable law.
(e) You may not post on the Service any links to any external Internet sites that are obscene or pornographic.
(f) With the exception of paid advertisers from 766media, Inc., you shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
The Company does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed online by users are the views of the user posting the statement, and do not represent to views of The Company.
The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for any such External Site if you have any concerns regarding such links of the content located on such External Site.
You agree to indemnify and hold harmless the Company and its employees, officers, directors, owners, agents, information providers and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including attorneys' fees), promptly as incurred, directly or indirectly based upon, or arising out of or in connection with (1) your violation of the Terms or (2) any use or alleged use of the Service under your password by you or any person, whether or not authorized by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company's defense of such claim and to reimburse the Company for the costs and expenses of such defense.
XI. TERMINATION OF SERVICE
You agree that the Company, in its sole discretion, may terminate your password, account (or any party thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The Company believes that you have violated or acted inconsistently with the Terms. The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. The Company may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
The Company also reserves the right to release current or past member information in the event it believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed and/or if the Company deems it necessary and/or appropriate.
XII. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
XIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The service and the content are distributed on an "as is, as available" basis. Neither the Company nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from use of the Service or the Content, (iii) makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service or (iv) warrants that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the Service and solely you assume the accuracy or completeness of the Content.
Neither the Company nor any third party content provider, nor any of their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of the Company, third party content providers, or their respective agents shall be limited to the greatest extent permitted by law.
These Terms shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts of Broward County, Florida. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. The rights and obligations provided herein may not be assigned or delegated. If any inconsistency exists between the terms of these Terms and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, these terms and conditions shall control.