ROBOTINK.COM GENERAL TERMS OF USE

(Last Modified: September 8, 2008)

About Robot Ink

Welcome to Robot Ink! The RobotInk.com website is an online service operated by or on behalf of EMCEA, Inc. (d/b/a Robot Ink and hereinafter may be referred to as “Robot Ink”) that, among other things, allows visitors to play demo versions, and paid subscribers to play full versions, of our web-based games (collectively, the “Site”). References to “we” or “us” herein refers to Robot Ink.

Please read these terms and conditions relating to your use of the Site carefully. By using this Site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. The Site also contains additional terms that govern particular features or offers (for example, registration or purchase of subscription access to games) ("Additional Terms"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and the Additional Terms. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this Site.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Site, then these terms shall control.

Scope of General Terms of Use

These terms and conditions applies to your use of the Site. These terms and conditions do not apply to your use of other websites to which this Site links.

Privacy Statement

Please review our privacy statement at robotink.com/privacy to understand our practices related to our collection and use of personal information via the Site.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Robot Ink Property

All software and content on this Site, such as text, graphics, logos, button icons, images, audio clips, games, and other software and items are the exclusive property of Robot Ink or its licensors and are protected under United States and international intellectual property laws, including copyright laws.

License and Site Access

Unless otherwise expressly specified, the Site is for your personal and non-commercial use. You may not download, reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. Robot Ink hereby grants you a limited, personal, non-transferable and revocable license to access and make use of the Site and the web-based games available on the Site in accordance with these terms and conditions, and for no other purpose. You acknowledge that certain features of the Site may not be accessible without registration and/or the purchase of subscription access and that are subject to Additional Terms. You may not use any feature of the Site that is accompanied by or includes Additional Terms unless you first agree to the Additional Terms. Any reproduction or redistribution of the software or content on the Site is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not frame or utilize framing techniques to enclose any portion of the Site without our express written consent. Any unauthorized use of the Site terminates the permission or license granted by Robot Ink.

Use of Certain Site Features and Play of Full Version of Games

Some content and features of the Site, such as access to full versions of the web-based games, may only be accessed by if you are a registered user of the Site and a valid, paid subscriber to the particular web-based game or Site service. To establish access to these features, you will be asked to register with the Site and complete a purchase of subscription access to such features in accordance with these terms and conditions and the applicable Additional Terms. When registering or purchasing subscription access to such features, you must provide true, accurate and complete information about yourself and provide non-fraudulent methods of payment. If you provide any personal or financial information that is untrue, inaccurate or incomplete, or Robot Ink has a reasonable basis to suspect that the information is untrue, inaccurate or incomplete, Robot Ink may void the related transactions, revoke any associated access rights to features of the Site and refer the matter to the appropriate authorities. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account on the Site. Robot Ink will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Robot Ink or another party due to someone else using your account. You may not use anyone else’s account at any time, without the permission of the account holder. If at any time you wish to cancel your registration or subscription to a feature of the Site, contact Robot Ink at account@robotink.com.

Materials You Submit to the Site

By posting, uploading, inputting, providing or submitting any materials (including feedback and suggestions) to Robot Ink or the Site (collectively, “Submissions”) you are granting Robot Ink, its affiliates and necessary sublicensees permission to use your Submission in connection with the operation of the Site including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and the right to sublicense such rights to any partner or licensor of Robot Ink in connection with the Site. No compensation will be paid with respect to the use of your Submission, as provided herein. Robot Ink is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Links to Third Parties

These terms and conditions apply only to this Site, and not to the websites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other website to which this Site links. We do not endorse or take responsibility for the contents or materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website's administrator or webmaster.

Other websites may link to this Site only through a plain-text link. Permission must be granted by us for any other type of link to this Site. To seek our permission, you may write to Robot Ink, Attention: Legal, 833 Dover Drive, Suite 26, Newport Beach, CA 92663, U.S.A. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to this Site, at our discretion at any time.

Parental Permission

We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. We prohibit registration by children under the age of 13 for all interactive portions of this Site. We will not knowingly collect personally identifiable information from children under 13. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian, and we may limit access to certain portions of the Site to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Proper Conduct

As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is prohibited by these terms and conditions or the Additional Terms, is unlawful, or otherwise inappropriate.. You may not use the Site in any manner which could damage the Site, render the Site unavailable or impair the functionality or access to any portion of the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. With respect to any interactive features of the Site, you agree to use such features only to post, send and receive information that are proper and related to such features. For example, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload or otherwise make available material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or other disabling code.
Use any material or information made available through the Site in any manner that infringes any intellectual property right of any party.
Violate any code of conduct or other guidelines which may be applicable for any particular feature of the Site.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.

Robot Ink has no obligation to monitor the interactive features of the Site. We reserve the right to review materials posted to such features and to remove any materials in our sole discretion. Robot Ink reserves the right to terminate your access to any or all of such features of the Site at any time without notice for any reason whatsoever.

Disclaimers

THE CONTENT, SOFTWARE AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHANGES ARE PERIODICALLY MADE TO THE CONTENT, SOFTWARE AND INFORMATION ON THE SITE. ROBOT INK AND/OR ITS RESPECTIVE PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE (INCLUDING ANY OF THE WEB-BASED GAMES) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, SUITABILITY, TIMELINESS, ACCURACY, RELIABILITY, OR OTHERWISE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT ROBOT INK SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT ROBOT INK IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

Limitation of Liability

IN NO EVENT SHALL ROBOT INK AND/OR ITS PARTNERS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Jurisdiction Issues and Governing Law

We control and operate this Site from our offices in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms and conditions will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in California.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Robot Ink as a result of this agreement or use of the Site. You agree to indemnify and hold Robot Ink, its affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. Along with the privacy statement and any applicable Additional Terms, this is the entire agreement between you and us relating to the subject matter it contains and supersedes all prior or contemporaneous communications. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

Proprietary Notices and Procedures for Making Claims of Copyright Infringement

Robot InkSM referenced herein are either trademarks, service marks or other proprietary indicia of Robot Ink and/or its licensors.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Robot Ink with the written information specified below. Please note that this procedure is exclusively for notifying Robot Ink that your copyrighted material has been infringed.

A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your street address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send such notice to: Robot Ink, Attention: Legal, 833 Dover Drive, Suite 26, Newport Beach, CA 92663, U.S.A.