SARKSCAPE GAMES

The following terms and conditions govern all use of the Sarkscape.com website and all content, services and products available at or through the website, including, but not limited to, Sarkscape.com Forum ("Forum"), interactive computer games ("Games"), (taken together, the "Website"). The Website is owned and operated by Sarkscape Games ("Sarkscape"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Privacy Policy) and procedures that may be published from time to time on this Site by Sarkscape (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Sarkscape, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

• Your Sarkscape.com Account. If you create a forum or game account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe, assign keywords or post material to your account, Forum or Games in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sarkscape may change or remove any description, keyword or message entry that it considers inappropriate or unlawful, or otherwise likely to cause Sarkscape liability. You must immediately notify Sarkscape of any unauthorized uses of your account or any other breaches of security. Sarkscape will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

• Responsibility of Contributors. If you operate a game, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

  • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

  • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and

  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Sarkscape or otherwise.

  By submitting Content to Sarkscape for inclusion on your Website, you grant Sarkscape a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing materials on the Website. If you delete Content, Sarkscape will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

  Without limiting any of those representations or warranties, Sarkscape has the right (though not the obligation) to, in Sarkscape' sole discretion (i) refuse or remove any content that, in Sarkscape's reasonable opinion, violates any Sarkscape policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Sarkscape's sole discretion. Sarkscape will have no obligation to provide a refund of any amounts previously paid.

• Responsibility of Website Visitors. Sarkscape has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Sarkscape does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sarkscape disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

• Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Sarkscape.com links, and that link to Sarkscape.com ("external websites and webpages"). Sarkscape does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Sarkscape does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sarkscape disclaims any responsibility for any harm resulting from your use of external websites and webpages.

• Copyright Infringement and DMCA Policy. As Sarkscape asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sarkscape.com violates your copyright, you are encouraged to notify Sarkscape by means of an emailed notice ("Infringement Notice") providing the information below to the email address listed below. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney. All Infringement Notices should include the following: an electronic signature of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Sarkscape to find and positively identify that content; your name, address, telephone number and email address; a statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. Infringement Notices should be sent to dmca@Sarkscape.com. Sarkscape will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Sarkscape or others, Sarkscape may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Sarkscape will have no obligation to provide a refund of any amounts previously paid to Sarkscape.

• Intellectual Property. This Agreement does not transfer from Sarkscape to you any Sarkscape or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sarkscape. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sarkscape or third-party trademarks.

• Changes. Sarkscape reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sarkscape may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

• Termination. Sarkscape may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sarkscape.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

• Disclaimer of Warranties. The Website is provided "as is". Sarkscape and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sarkscape nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

• Limitation of Liability. In no event will Sarkscape, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sarkscape under this agreement during the twelve (12) month period prior to the cause of action. Sarkscape shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

• General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Sarkscape Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

• Indemnification. You agree to indemnify and hold harmless Sarkscape, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

People at Automattic decided to make their Terms of Service available under a Creative Commons Sharealike license, which means you're more than welcome to steal it and repurpose it for your own use, which we did. Thanks!