*updated July 13, 2008
Welcome to Agent Disco, a social game of espionage, intrigue and real world settings. The Agent Disco game is operated by Agent Disco, Inc. ("Agent Disco"). By using the Agent Disco web site (the "Web Site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a member ("Agent") and communicate with other members ("Agents") and make use of the Agent Disco game (the "Service" or "Game"), you must read these Terms of Service and indicate your acceptance of them by checking the box on the registration page.
This Agreement sets out the legally binding terms of your use of the Web Site and your membership in the Service and may be modified by Agent Disco at any time and without prior notice, such modifications to be effective upon posting by Agent Disco on the Web Site. This Agreement includes Agent Disco's acceptable use policy for content posted on the Web Site, Agent Disco's Privacy Policy, and any notices regarding the Web Site.
- Eligibility. You must be thirteen or over to register as an Agent or
to use the Web Site. Membership in the Service is void where
prohibited. By using the Web Site, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide by all
of the terms and conditions of this Agreement.
- Term. This Agreement will remain in full force and effect while you
use the Web Site and/or are an Agent. You may terminate your membership at any
time, for any reason by sending a request through the Account Deletion
request page. Agent Disco may terminate your membership for any reason, at
any time. If Agent Disco terminates your membership in the Service because you
have breached the Agreement, you will not be entitled to any refund of any unused
subscription fees that you may have paid. Even after membership is terminated, this Agreement will
remain in effect.
- Non Commercial Use by Members. The Web Site is for the personal use
of individual Agents only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become Agents
and should not use the Service or the Web Site for any purpose. Passwords and
compiled names, photos, links, and Web Site content are not to be transferred or
copied from the Web Site for use with any other product or service. Illegal
and/or unauthorized uses of the Web Site, including collecting usernames and/or
email addresses of members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of or linking to the Web Site
will be investigated, and appropriate legal action will be taken, including
without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Agent Disco Content. Agent Disco owns and
retains all proprietary rights in the Web Site and the Service. The Web Site
contains the copyrighted material, including links and compilations of
individual data, trademarks, and other proprietary information of Agent Disco,
and its licensors. You may download or print one copy of the Content on this Web Site,
but only for your own personal, non-commercial use. Except for such copy, or information which is in the public domain or
for which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
- Content Posted on the Site.
- You understand and agree that Agent Disco may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Agent Disco violates this Agreement or which might be offensive, illegal, or that might violate the rights of or harm, or threaten the safety of Agents.
- Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, or a real individual who is not you.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Agents.
- By posting Content to any public area of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to Agent Disco an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing in any medium.
- The following is a partial list of the kind of Content that is illegal or
prohibited on the Web Site. Agent Disco reserves the right to investigate and
take appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such violators.
Prohibited Content includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone under 13;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your public Agent profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Agents to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Agents. Although Agent Disco cannot monitor the conduct of its Agents off the Web Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Agent without their prior explicit consent. In order to protect our Agents from such advertising or solicitation, Agent Disco reserves the right to restrict the number of emails which an Agent may send to other Agents in any 24-hour period to a number which Agent Disco deems appropriate in its sole discretion.
- Copyright Policy. You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe that your work has been
copied and posted on the Service in a way that constitutes copyright
infringement, please contact us with the following information:
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 Web Site; your address, telephone number, and
email address; a written statement by you 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.
- Member Disputes. You are solely responsible for your interactions
with other Agents of the Web Site. Agent Disco reserves the right, but has no
obligation, to monitor disputes between you and other Agents.
- Privacy. Use of the Web Site and/or the Service is also governed by
our Privacy Policy.
- Disclaimers. Agent Disco is not responsible for any Content or postings
on the Web Site or in connection with the Service, regardless of whether such Content
is incorrect or
inaccurate, or is caused by Agent Disco, users of the Web Site, Agents, other parties or by any of the equipment or
programming associated with or utilized in the Service. Agent Disco does not perform background or related
checks on any individuals who use the Service and Agent Disco is not
responsible for the conduct, whether online or offline, of any user of the Web
Site or Agent of the Service. You are solely responsible for your interactions with other Agents and users of
the Web Site and Agent Disco reserves the right, but has no obligation, to monitor or mediate any disputes between
you and other Agents or users of the Web Site. Agent Disco assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, user or Agent communications. Agent Disco is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any web site or combination thereof,
including injury or damage to users and/or Agents or to any other person's
computer related to or resulting from participating or downloading materials in
connection with the Web and/or in connection with the Service. Under no
circumstances will Agent Disco be responsible for any loss or damage, including
personal injury or death, resulting from anyone's use of the Web Site or the
Service, any Content posted on the Web Site or transmitted to Agents, or any
interactions between users of the Web Site, whether online or offline. The Web
Site and the Service are provided "AS-IS" and Agent Disco expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Agent Disco
cannot guarantee and does not promise any specific results from use of the Web
Site and/or the Service. The Service may be temporarily unavailable from time to
time for maintenance or other reasons. No advice or information, whether oral or
written, obtained from Agent Disco or through use of the Service shall
create any warranty not expressly stated herein.
- Limitation on Liability. Except in jurisdictions where such
provisions are restricted, in no event will Agent Disco be liable to you or any
third person for any indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from your use of the Web
Site or the Service, even if Agent Disco has been advised of the possibility of
such damages. Notwithstanding anything to the contrary contained herein,
Agent Disco's liability to you for any cause whatsoever, and regardless of the
form of the action, will at all times be limited to the amount paid, if any, by
you to Agent Disco for the Service during the term of membership.
- Disputes. If there is any dispute about or involving the Web Site
and/or the Service, by using the Web Site, you agree that the dispute will be
governed by the laws of the State of Minnesota without regard to its conflict
of law provisions. You agree to personal jurisdiction by and venue in the state
and federal courts of the State of Minnesota, City of Minneapolis.
- Indemnity. You agree to indemnify and hold Agent Disco, its
subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of
the Service in violation of this Agreement and/or arising from a breach of this
Agreement and/or any breach of your representations and warranties set forth
above.
- No Agency. There is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between Agent Disco and
any User of the Service.
- Links to Other Websites. This Web Site may contain links to websites
operated by other parties. The linked websites are not under the control of
Agent Disco and Agent Disco is not responsible for the content available on any
other web sites linked from this Web Site and disclaims all liability with regard
to your access to or use of such linked web sites.
- Other. This Agreement, accepted upon use of the Web Site and further
affirmed by becoming an Agent of the Service, contains the entire agreement
between you and Agent Disco regarding the use of the Web Site and/or the Service.
The failure of Agent Disco to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision. If
any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. The section titles in these Terms of
Service are for convenience only and have no legal or contractual effect. You may not
sell, assign, or otherwise transfer your Agent registration or codename. Agent Disco
may, at any time without further notice, assign or transfer its rights with regard to your
registration and the Terms of Service or Privacy Policy. In the case of a sale of all or part
of the business, Agent Disco reserves the right to transfer or sell all of the personal and
non-personal data and Content collected on this Web Site. Agent Disco may change the Terms of
Service or Privacy Policy at any time, and such changes will be posted on the Web Site and are
effective as of the time of such posting. By using this Web Site, you abide by the most current
version of the Terms of Service.