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Terms of Service

THX GAMES LTD. Social Networking Site Applications Terms of Service

Last updated: October 7, 2011

Welcome to the THX GAMES LTD. Social Networking Site Application ("SNS Apps”), a social game application that is operated by THX GAMES LTD. and which may be accessed by you for use through your social networking service's account subject to the following Terms of Service. Please read them carefully. Your use of THX GAMES LTD.’s social networking site applications constitutes your acceptance of these Terms of Service. THX GAMES LTD. may modify these Terms of Service from time to time at its sole discretion. If the changes we make to our Terms of Service are material, we will notify you on our website that our Terms of Service have been revised.

LIMITED LICENSE TO USE / OWNERSHIP:

Unless otherwise specified herein, the SNS Apps, virtual currency, virtual items, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software contained on the SNS Apps (collectively known as the "Materials”) are the property of THX GAMES LTD. or their suppliers, and are protected in Hungary and under international copyright, trademark and other relevant intellectual property laws, and laws protecting other forms of proprietary rights.

You may access and use the SNS Apps and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the End User License Agreement, which accompanies or is included with the SNS Apps, and is incorporated into these Terms of Service by reference.

Except as expressly authorized by THX GAMES LTD. in writing, or to the extent expressly permitted by law, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the SNS Apps or the Materials for any other purpose.

You may NOT link to or frame the SNS Apps or the Materials, or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of THX GAMES LTD. without obtaining THX GAMES LTD.’s express written consent as the case may require.

You may NOY use any meta tags or any other "hidden text” utilizing THX GAMES LTD.'s name or trademarks without the express written consent of THX GAMES LTD. Any unauthorized use terminates the permission or license granted by THX GAMES LTD.

This grant of limited license is conditioned upon your agreement to and compliance with all of the provisions of these Terms of Service.

VIRTUAL CURRENCY:

During a SNS App session, you may accumulate the SNS App’s virtual currency or virtual items. Virtual currency or virtual items are specific for use in the SNS App for which they are purchased and they are not transferable between or among different SNS Apps.

Virtual items and virtual currency may be made available for purchase and/or they may be earned by you during game play, as determined in THX GAMES LTD.’s sole discretion.

If made available for purchase, virtual items and virtual currency may be purchased from THX GAMES LTD., or through a third party service, or by redemption of SNS Credits (as described below).

If you are under the age of 18, you may purchase virtual items and virtual currency from THX GAMES LTD. only with the involvement of a parent or guardian. You should review these Terms of Service with a parent or guardian to make sure that you both understand them.

All purchases of virtual items and virtual currency are final and non-refundable.

THX GAMES LTD. RESERVES THE RIGHT TO DETERMINE IN ITS SOLE DISCRETION THE PAYMENT METHODS WHICH MAY BE USED BY YOU TO PURCHASE VIRTUAL ITEMS AND VIRTUAL CURRENCY, AND HOW, WHEN AND FOR WHAT PRODUCTS OR SERVICES VIRTUAL ITEMS AND VIRTUAL CURRENCY MAY BE REDEEMED. IN ADDITION, THX GAMES LTD. MAY MODIFY, ELIMINATE OR DISCONTINUE VIRTUAL ITEMS, VIRTUAL CURRENCY OR OTHER SNS APP SPECIAL FEATURES ENTIRELY AS IT SEES FIT.

If THX GAMES LTD. elects to make virtual items and/or virtual currency available for purchase through a third party service. or by using credits offered by an applicable social networking site ("SNS Credits”), that purchase is subject to the terms and conditions of the applicable third party service or social networking site. It is your responsibility to read and accept those terms. THX GAMES LTD. shall NOT be responsible or liable for your interactions with the third party service or any purchase from such third party.

THX GAMES LTD. will establish a redemption rate for SNS Credits, which will be posted on the relevant SNS App. This redemption rate may change from time to time, as determined by THX GAMES LTD. in its sole discretion. THX GAMES LTD. may stop accepting SNS Credits as a payment method for virtual currency and/or virtual items at anytime.

Virtual currency and/or virtual items may be redeemed for special in-game features, such as extra play time, power-ups, boosts, and the like. You can activate these special in-game features while playing the SNS Apps. These special in-game features may only be used within the applicable SNS App.

Virtual currency and virtual items are made available under a limited license for your personal use within the SNS Apps. You understand that you have no right or title to or interest in any virtual currency or virtual items earned or purchased by you, or the special in-game features for which virtual currency or virtual items are redeemed.

Virtual currency, virtual items and special in-game features are not transferable or redeemable for any sum of money or monetary value from THX GAMES LTD., or any third party and you agree not to sell or exchange virtual currency, virtual items or any special in-game features. THX GAMES LTD. will not recognize any sale or transfer of virtual currency, virtual items or special in game features and any such transfer shall be deemed void.

TERMINATION OF ACCESS:

You agree that THX GAMES LTD. may, in its sole discretion and for any or no reason, terminate, modify, delete or suspend your access to the SNS Apps, or any part thereof, with or without notice to you. In the event of termination of your access by reason of such an event, all virtual currency, virtual items and any unused special in game features or other aspects of your account will be forfeited.

IDEAS, SUGGESTIONS, PROPOSALS:

While THX GAMES LTD. appreciates to hear from its customers regarding their experiences with the SNS Apps, THX GAMES LTD. does NOT accept for review or consider any unsolicited submissions. The purpose of this policy is to avoid future misunderstandings that may occur if an idea that is submitted is identical or similar to one being used or developed by THX GAMES LTD. or another company. Therefore, THX GAMES LTD. requests that you please do NOT submit unsolicited submissions through or on the SNS Apps or otherwise to THX GAMES LTD.

If you do make such unsolicited submission, despite our request that you not do so, you acknowledge that (i) such submission is not being made in confidence or trust, (ii) you have no expectation of compensation or consideration of any kind, and (iii) you grant, or warrant that the owner of any such submission has expressly granted to THX GAMES LTD. a worldwide, royalty-free, non-exclusive and perpetual right and license to use, reproduce, modify, translate, publish, distribute, perform, prepare derivative works of and otherwise fully exploit such unsolicited submission without any liability whatsoever.

You further represent and warrant that (i) you have the right and authorization to make the foregoing grant without the consent of any third party, and (ii) your submissions are not false or misleading and do not and will not infringe any right of any third party.

OTHER POLICIES; PRIVACY:

Your use of the SNS App is subject to other THX GAMES LTD. policies or rules posted on the applicable SNS App, including our SNS App Privacy Policy, all of which is incorporated herein by this reference. We reserve the right to make changes to any of our SNS Apps, the policies, and these Terms of Service at any time. Your continued use of THX GAMES LTD.'s SNS Apps constitutes your agreement to those changes.

OTHER SITES:

Other websites, including but not limited to, any social networking site through which you accessed the SNS Apps, or any third party content which frames or is linked from the SNS Apps, are not under THX GAMES LTD.'s control and THX GAMES LTD. does not assume any responsibility or liability for any communications or materials available at such third party linked sites. The links are provided for convenience only and THX GAMES LTD. does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery and/or payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. THX GAMES LTD. shall not be responsible or liable for any part of any such interactions.

ELECTRONIC COMMUNICATIONS:

When you access the SNS Apps 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 through your social networking service account (if permitted by your social networking service), by e-mail (if you provide your e-mail address to us, or if you allow your social networking service to do so on your behalf), or by posting notices on the SNS Apps. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS:

The THX GAMES LTD. logo and all other trademarks are owned by THX GAMES LTD. or its affiliates and licencors, and may be registered in specific countries. Other company and product names appearing on this website may be trademarks of their respective owners and are used for the benefit of those owners.

DISCLAIMER OF WARRANTIES:

THE SNS APPS AND THE MATERIALS ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS. THX GAMES LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SNS APPS OR MATERIALS INCLUDED ON OR DOWNLOADED FROM THE SNS APPS, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE THAT YOUR USE OF SNS APPS AND THE MATERIALS ARE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THX GAMES LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THX GAMES LTD. DOES NOT WARRANT THAT THE SNS APPS, THE MATERIALS, THX GAMES LTD.'s SERVERS, OR E-MAIL SENT FROM THX GAMES LTD. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY:

THX GAMES LTD. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SNS APPS OR THE MATERIALS, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THX GAMES LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION:

You agree, at your own expense, to indemnify and hold harmless THX GAMES LTD., its affiliates, subsidiaries, service providers, distributors, licencors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, misuse of the SNS Apps, or your violation of applicable law, rule, regulation or third party right.

FORCE MAJEURE:

THX GAMES LTD. shall not be liable for any delay or failure to perform resulting from fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, insurrection, riot, act of God or the public enemy, law, act, order, proclamation, decree, regulation, ordinance, or instructions of any government or public authorities, or any other event beyond THX GAMES LTD.'s reasonable control.

APPLICABLE LAW:

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Hungary, excluding its conflict of laws rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action here under shall lie in the ordinary courts located in Budapest, Hungary, and you hereby consent and submit to the personal jurisdiction of such courts and agree not to assert a defense of forum non conveniens, sovereign immunity or analogous doctrines in connection with any such court action. You agree that the courts of your home country and the courts of Hungary shall have non-exclusive jurisdiction to hear and determine any suit, action or proceeding that may arise out of, or in connection with, this Terms of Services and the services provided here under.

SUBMITTING QUESTIONS:

Anyone submitting questions to the data manager of THX GAMES LTD. do so giving and assigning free rights of their use to THX GAMES LTD.

The data manager has the final decision whether or not to use the questions submitted as on-line content, or to otherwise publish, adapt, or pass on the questions. The data manager does not consider the source of any submitted questions. The person submitting the question does so ensuring that the publication of the questions does not depend on a third party, and any third party does not have any rights, or claims on the questions, which excludes, restricts, prevents or threatens their free using by the data manager.

Submitters of questions to THX GAMES LTD. are not entitled to any remuneration or consideration, and can not prohibit the further use of the questions after they have been submitted.

GENERAL:

No delay or failure to take action under these Terms of Service shall constitute any waiver by THX GAMES LTD. of any provision of these Terms of Service. If any provision of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Service are personal to you and may not be transferred, assigned or delegated to any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

THX GAMES LTD. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide THX GAMES LTD. with the written information specified below. Please note that this procedure is exclusively for notifying THX GAMES LTD. and its affiliates that your copyrighted material has been infringed.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A description of the copyrighted work that you claim has been infringed upon; and
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; and
  • Your address, telephone number, and e-mail address; and
  • A 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; and
  • 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.
THX GAMES LTD. or its Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

THX GAMES LTD.
Daróczi út 54.
1113 Budapest, Hungary
info@triviador.com