TERMS AND CONDITIONS Y8.COM Last modified: July, 2013
These Terms govern Your use of Our Website, all its content, software, and services offered thereon.
By using Our Website, You agree to these Terms as well as receiving the required notices and to transact with Us via computer. If You do not agree with these Terms, We advise You not to use Our Website.
1. TERMS AND CONDITIONS
1.1. CHANGES TO THE TERMS
1.2. ADDITIONAL TERMS
Certain areas of Our Website, where You can download or upload files, may include usage guidelines and rules that will supplement these Terms. By using those services on the Website, You agree to comply with such guidelines and rules.
2. ELECTRONIC-DELIVERY POLICY AND YOUR CONSENT
You agree that We may electronically provide You required notices, agreements, and other information concerning the Website. If You no longer agree to receive notices electronically, please cease to use the Website.
3. SERVICES AVAILABILITY
Y8.COM aims to provide a stable and reliable Website. However, it may happen that games and services are unavailable due to maintenance of the system or technical problems. Y8.COM may also suspend or permanently remove any game or service for any reason without Your consent or giving prior notice.
Y8.COM will not be liable for any loss, damage or upset that You suffer as a consequence of a game or service becoming temporarily or permanently unavailable.
4. REGISTRATION AND LOGINS
4.1. REGISTRATION AND LOGINS
You do not need to register to access and/or use Our Website and Services. To enhance Your experience You can create a user profile. To create an account You need to log through the third party login system Y8 Account.
When creating an account You must provide an email address and a password. A username must be chosen. By registering via Your Y8 Account identity linked to Our Website, You authorize Us to access Your Y8 Account identity linked to Our Website information on Your behalf.
We have the right to remove or change Your username if We consider it as inappropriate.
6. ACCESS COSTS
You must provide, at Your own expense, the equipment and Internet connections that You will need to access and use Our Website. If You access Our Website through a telephone line, please call Your local phone company to determine if the access numbers You select are subject to long-distance or other toll charges at Your location. Also, if You access the Website through wireless applications (e.g., cell phones), Your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with Your carrier to verify whether any such fees apply to You. You are solely responsible for any costs You incur to access the Websites through any wireless or other communication service.
7. YOUR RESPONSIBILITIES
7.1. USE OF THE WEBSITE
You may use the Website for lawful purposes only. By using Our Website You must keep Your contact information up to date and You must not share Your password or let anyone access Your account.
7.2. RESTRICTION OF USE
You may not use Our Websites:
(i) For Your own commercial gain;
(ii) To offer any form of advertising or promotion without Our prior written consent; or
(iii) To provide any false personal information or any information, content, or material on account of anyone other than Yourself without permission.
You may not use the Website or any of Our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about Our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate Your access or use of the Website immediately and take other legal action if You, or anyone using Your access to the Website, violate these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within Our computer or communications networks.
7.3. SUBMITTING ON THE WEBSITE
You may not submit or transmit through the Website any information, content, or material or otherwise engage in any conduct that:
(i) Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
(ii) Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another"s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
(iii) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iv) Impersonates any person, business, or entity, including WEL and its employees and agents;
(v) Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
(vi) Encourages conduct that would constitute a criminal offense or give rise to civil liability;
(viii) Interferes with the use of the Websites by others.
Any information, content, or material You have created and submitted or transmitted through Our Website and that is covered by intellectual property rights (or similar rights) shall be licensed to Us as a nonexclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license, and We are entitled to use such intellectual property on or in connection with the Website. Except in the case where We have signed an exclusive agreement with You.
When You provide information, content, or material and use the public privacy setting, every visitor to the Website will have access to such information, and We have no control over that information or what users do with it.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WEL OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEL’S WEB SITES, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF WEL’S WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
8. USER CONDUCT RULES
Users may be banned or accounts suspended or terminated on the entire Y8 network websites or any game available on Our Website if users use inappropriate language or inappropriate behaviour as determined by WEL. WEL is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.
You agree not to do any of the following:
(i) Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that We deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
(ii) Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, You must not distribute another person"s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
(iii) Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind;
(iv) Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
(v) Impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity;
(vi) Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
(vii) Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that You do not own or have express permission to modify;
(viii) Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if We deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by WEL.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a WEL Y8 network websites or services in violation of the law.
9. AGE RESRICTIONS
The Y8 network Websites or its services are not intended for persons under 13 years of age. By accessing or using the services, You represent and warrant that You are 13 or older.
Our Website is not directed for persons under 13 years of age. By accessing and/or using Our Website, You represent and warrant that You are 13 or older.
In addition, parents and guardians of children over the age of thirteen should be aware that Our Website and services are designed to appeal to a broad audience.
Accordingly, it is the parents’ or guardians’, of said-children, responsibility to determine whether any portion of the Website or services is inappropriate for their child. Moreover, any person allowing under 13 years old to access the Y8 network websites or services, with its computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that shall assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER WEL, ANY THIRD PARTY CONTENT PROVIDER NOR 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 SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. UPLOADING GAMES
By uploading a file, You warrant that You own the copyright or have the necessary rights for uploading it.
If You have Your own sponsors, We warn You that We reserve the right to block external links and/or to cover up in-game advertisements if the advertisement does not comply with our advertisement policy.
Uploading games is for a non-commercial purpose only.
You must respect the following rules:
(i) Be at least 13 years of age;
(ii) Not upload any software or any computer file that contains a virus or other harmful component;
(iii) You also agree to respect our logo rules, you understand that your file might not be posted on Y8.COM if the logo and/or intro is missing.
(iv) You agree that We reserve the right to reject any game at Our discretion if it infringes the section 7.3.
You understand that You are responsible for ensuring that Your computer has suitable anti-virus software that is up to date. We will take reasonable steps to ensure that the content on the site is free from viruses and other malicious software. We shall not be held responsible for any loss or damage that You suffer as a consequence of receiving a virus or other malicious software through use of Our website.
We shall not be liable for any loss or corruption of data that You suffer as a consequence of receiving a virus or other malicious software through use of Our website.
12. THIRD PARTY WEBSITES
12.1. LINKS TO THIRD PARTY WEBSITES
We cannot guarantee the completeness or accuracy of the websites or URLs to which Website"s services link or refer. The process of including websites in Our Website’s services is largely automatic. WEL does not screen the websites included in the services, and these other websites are maintained by persons over whom We exercise no control.
For these reasons, You further acknowledge and agree that We shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
12.2. THIRD PARTY ADVERTISEMENTS
WEL accepts no responsibility for any third party advertisements that may appear on WEL Websites.
You understand that clicking on a third party advert link engages You. Third party is responsible for that advert. We have no control over these companies, or over the content of the websites. You further acknowledge and agree that We shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
13. DISCLAIMER REGARDING THIRD PARTY GAMES, APPLICATIONS OR SERVICES
14. Y8.COM INTELLECTUAL PROPERTY RIGHTS
14.1. Y8 TRADEMARKS
Y8, Y8.COM and Y8 logo are trademarks of Web Entertainment Limited (collectively Our Trademark).
Our Website, including its content, is protected under international intellectual property by rights such as trademark and copyright law.
14.2. USE OF OUR TRADEMARKS
You agree not to use, copy, download or exploit Our trademark without the prior written consent of Web Entertainment Limited.
You agree not to use Our trademarks, or copyrights, in a manner that creates confusion.
Consistent with trademark infringement law, You are prohibited from using any of Our Trademarks. You may not register in any jurisdiction, a domain name using all, or a part, of Our Trademarks in a manner that may imply a partnership with Us, or that may create, in any way confusion between Y8.COM and Your brand, services or products. You may not imitate Our Trademarks, logo, or other elements of the Website in any of Your advertising, on Your personal website, for promotional matters or other materials.
In no case shall You use Our copyrights and/or Trademarks in a disparaging or degrading way.
14.3. TRADEMARK INFRINGEMENT
You are aware that upon infringement of this clause, You will be liable for Trademark infringement, and that We have the right to pursue legal actions.
If You are aware of any illegal usage by any person of Our Trademarks, please contact Us through Our contact form.
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the content You submit, post, transmit, make available through the services, Your connection to the services, Your violation of the Terms, or Your violation of any rights of another.
The laws of the city-state of Hong Kong govern this Terms and Your access to and use of information from the Website and the services, without giving effect to conflict of laws provisions. The courts of the city-state of Hong Kong have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of these Terms unless Web Entertainment Limited wishes to initiate legal proceedings in Your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.