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Terms of Service (ToS)

At SmallWorlds we will endeavor to provide you the best possible experience. In order to do this, and to maintain a service that is fun and fair to all, we must impose certain rules and restrictions. By using the SmallWorlds website and service, you implicitly agree to the Terms Of Service as detailed below. If you do not agree to these terms, in part or in full, then you must cease using our service immediately.


VIP Club Membership and SmallWorlds Gold Purchases

All purchases of SmallWorlds Gold and VIP Club Membership prepaid or recurring monthly subscriptions are subject to your acceptance of our Terms of Sale. You can cancel your monthly VIP Club Membership subscription in your SmallWorlds Account area. If you cancel your monthly subscription, OutSmart will not refund any remaining portion of your VIP Club Membership subscription fees. Cancellation will take effect at the end of the subscription month during which you cancel the subscription. If you have agreed on a fixed term for your VIP Club Membership subscription, you further agree that you will not cancel the subscription prior to the expiry of the agreed fixed term. All SmallWorlds Gold and VIP Club Membership prepaid and monthly subscriptions are non-refundable, except at our sole and absolute discretion or as required by applicable law.


Ownership and Use Restrictions

All software, information, content, materials, other copyrightable elements and/or materials and all trademarks, service marks and trade names contained or provided on this site are the property of SmallWorlds, its subsidiaries, assigns, affiliated companies, licensors and/or other respective owners and are protected under U.S. and foreign copyright and trademark laws.

SmallWorlds hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for non-commercial and personal use only, one copy of any Material that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the Materials, provided that you maintain all copyright and other notices contained in such Materials and do not use the Materials in a manner that suggests an association with any of SmallWorlds’s products or services. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Materials to any third party (including, without limitation, the display and distribution of the Materials via a third party Web site) without the express prior written consent of SmallWorlds. Use of SmallWorlds and/or its licensors’ Materials is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, enhance or otherwise modify or exploit the Materials. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

Except as expressly and unambiguously provided herein, neither we nor our licensors grant you any express or implied rights, and all rights in the Materials not expressly granted by us or licensors to you are retained by us and our licensors.


User Submissions and Posted Content

Certain features of the SmallWorlds service allow you to publish customized and personal content to the general public. SmallWorlds is meant for a general audience, and we therefore do not condone the posting of profane, suggestive or inappropriate material to the public. You must acknowledge this and make certain that the content you publish publicly is not pornographic, hateful, profane or threatening, and that it does not break any national or international laws. By uploading or otherwise submitting any posted content, you (and your parents, if you’re under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to SmallWorlds, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such Posted Content into any form, medium, or technology (now known or hereafter developed or devised) throughout the world. In addition, you warrant that all “moral rights” and other similar rights recognized throughout the world in that Posted Content has been waived.

You must also give assurance that any posted material is owned wholly by you, and does not breach any national or international copyright laws.


User Submitted Games and Widgets

SmallWorlds allows any member to upload or embed their own Adobe Flash based games for use in the SmallWorlds Game Arcade widget. Future versions of SmallWorlds will allow members to create and upload widgets similar to the existing SmallWorlds widgets, for example, stereos, chess games.

Members who choose to upload their games and/or widgets into SmallWorlds are known as “Developers” for the purposes of these Terms of Service.

Developers submit games and widgets on the condition that they are the sole and rightful proprietor of all associated intellectual property and/or possess a license granting them the right to embed or upload the game or widget to a publically accessible online system.

SmallWorlds cannot guarantee that Developers have complied with their existing contractual obligations or with copyright or other intellectual property laws, and SmallWorlds does not assume any liability or responsibility for any Developer’s actions, Developer games, widgets or websites, or for enforcing any agreement against any Developer. Developers are solely responsible for any breaches of law or contract their games or widgets cause.

SmallWorlds members acknowledge that Developer provided games and widgets are not approved, endorsed, or reviewed in any manner by SmallWorlds, and we are not responsible for your use of or inability to use any Developer games or widgets, including without limitation the content, accuracy, or reliability of such games or widgets and the privacy practices or other policies of the Developer. You use such games and widgets at your own risk. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer games or widgets. In such cases, please review these carefully.

Developer games and widgets may use your SmallWorlds avatar information insofar as our SmallWorlds APIs and our Privacy Policy allow. This includes, but is not limited to, your avatar name, your date of birth, gender, friend list and VIP Club status and other information provided in the registration process.


Code of Conduct

We wish all our users to enjoy their experience at SmallWorlds. Therefore we do not condone or tolerate hateful, profane or threatening language or behavior.


Disclaimer of Warranties

THE SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN “AS IS ” AND “AS AVAILABLE ” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SMALLWORLDS DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMALLWORLDS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMALLWORLDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MATERIALS OR OTHER CONTENT IN ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SMALLWORLDS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITE. YOU USE THIS SITE AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.


Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMALLWORLDS, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SMALLWORLDS OR ANY THIRD PARTY.

Notwithstanding the foregoing, in no event shall SmallWorlds’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site or the Materials.


Indemnity

You agree to indemnify, defend, and hold harmless, SmallWorlds, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the SmallWorlds service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.


Termination

While we will do our very best to be reasonable and fair, SmallWorlds reserves the right to cancel accounts and ban users at any time, for any reason. In doing so, we will not be liable for any compensation to the account user for any investment they have made into their SmallWorlds account.