(iii) All apps published by IoE, whether for tablets, smart TVs, video game consoles, social media platforms, mobile devices or other platforms (“Apps”), unless otherwise indicated in the app;
(iv) All email newsletters published or distributed by IoE; and
(v) All other interactive features, services, and communications provided by IoE.
3. INTELLECTUAL PROPERTY, SERVICE CONTENT, AND USER SUBMISSIONS. Unless otherwise noted, all content on the Services, including articles, artwork, screen shots, graphics, logos, downloads and other files, is the property of IoE and is protected by European, United States and international copyrights, trademarks and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any content on the Services, including but not limited to content that you may have created or developed including screen names, game scores, the content of chats and other messages submitted to a Service or to us directly.
All communications, solicited feedback, and other materials submitted to the Services (by email or otherwise) are non-confidential and non-proprietary. By submitting material to the Services, you give up any claims that the use of that material violates any of your rights, including moral rights, privacy rights, proprietary rights, publicity rights, rights to credit for material or ideas or any other right, including the right to approve the way such material is used. Additionally, you grant us and any successors and assign a perpetual, royalty-free, worldwide license to use, transmit, copy and display such submitted information and material in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. No further consideration or compensation will be given for any materials or information (including but not restricted to creative, financial, business, commercial, etc.); submitted in any manner. It is also important to the success of a number of our Services that any errors or problems you discover are confidentially reported to IoE Customer Service via email@example.com directly so we can address them as quickly as possible.
Opinions, advice and all other information expressed by any third-parties on the Services represent their own views and not those of IoE. You should not rely on such opinions, advice or other information. Neither IoE nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.
4. COPYRIGHT INFRINGMENT CLAIMS. If you believe a portion of the Services infringes your copyright and you wish to file a copyright infringement notification with us, sent an email to firstname.lastname@example.org
5. USER RIGHTS AND RESTRICTIONS. These Terms grant permission to you, in your individual capacity, to use the content of the Services made available to you for personal, noncommercial home use only. In no instance may you:
(i) Change or remove any copyright and other proprietary notices from content on the Services;
(ii) Modify, or create derivative works based on, the content;
(iii) Use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operation within the Services whether for yourself or for a third party.
(iv) Use the content in any manner: (a) suggesting an association with any other products, services, or brands (b) that is likely to cause confusion among customers, (c) that disparages or discredits IoE, (d) that is otherwise exploitative for any commercial purpose; or (e) that otherwise infringes our intellectual property rights;
(v) Download quantities of content to a database for any reason;
(vi) Decompose, disassemble, or reverse engineer any part of any of the Services, or otherwise use a Service for any purpose other than those provided for by us and in conjunction with the operations of the Services;
(vii) Develop functionally similar products or services to any of the Services;
(viii) Use any Service for the benefit of any third party or transfer access to the Services to any third party;
(ix) Use the Services or content for commercial purposes, including, but not limited to: (a) selling access to all or part of the Services; or (b) placing advertising, sponsorships, or promotions on or within the Services or content;
(x) Avoid, circumvent, or disable any security or digital rights management protocols or mechanism in any Service;
(xi) Infiltrate any system used to operate the Services;
(xii) Take any action to cause, or exploit, known or latent malfunctions, bugs or other defects in the Services or system used to operate the Services; or
(xiii) Attempt to circumvent any restriction in any of the Services based upon age, geography, or other restriction imposed by us.
Furthermore, you will comply with all applicable laws and legal obligations, including those pertaining to such areas as: copyright, trademark and other intellectual property laws, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Violations of applicable laws may give rise to civil and/or criminal prosecution and penalties.
Notwithstanding anything to the contrary included in these Terms, we may at any time, with or without notice, suspend or terminate your access to some or all of the Services and refuse any and all current or future use of the Services at any time.
6. CONDUCT AND COMMUNITY STANDARDS. You are prohibited from posting or transmitting any material to the Services that could: (i) interfere with anyone else's use of the Services; (ii) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other property right; (v) interfere with the privacy of any other user; (vi) contain a virus or any other harmful component; or (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Although we may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Services, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any user material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.
7. CONTESTS; SWEEPSTAKES. This Service may refer to contests, sweepstakes or similar events that offer prizes or require you to send in material or information about yourself. Each contest, sweepstakes or other such event has its own rules, which you must read and agree to before you may enter.
8. THIRD-PARTY PRODUCTS AND SERVICES. The Services may contain links to third party websites, services and platforms that are not owned or controlled by us. We are not responsible for content on a site operated by a third party, including content on a site operated by a distributor who links to the Services with IoE's consent. Furthermore, we are not responsible for maintaining any materials referenced from another site, and make no warranties for that site or these Services in such context.
9. UPDATES AND CHANGES TO THE SERVICES. We may, from time to time, issue patches or updates for portions of the Services that must be installed to continue using those portions of the Services. You consent to receive and install those patches and updates in order to continue using the Services. You also accept that all or portions of the Services may experience server issues that make it temporarily unavailable, and that we may in our sole discretion and without notice terminate all or any part of the Services. You accept that you will have no recourse of any kind against us even if this causes you to lose a match, to lose Virtual Content, or to have no further access to all or part of the Services.
10. DISCLAIMER. THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY USING THE SERVICES, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE, AND THAT NEITHER IOE NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SERVICE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO IOE'S NEGLIGENCE, WILL IOE OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SERVICE, EVEN IF IOE OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF IOE AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) EXCEED $250.000.
YOU UNDERSTAND THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS LISTED ABOVE ARE A CONDITION OF US MAKING THE SERVICES AVAILABLE TO YOU. WITHOUT THEM, WE WOULD NOT AND COULD NOT MAKE THE SERVICESS AVAILABLE. You accept that if we discover that you have violated any portion of these Terms, we may take any step we deem appropriate including but not limited to terminating your IoE Account and access to the Services. You acknowledge that if that happens, you will not receive any reimbursement or other compensation for any items that may be associated with your account at the time of termination.
11. INDEMNIFICATION. You agree to indemnify, defend, and hold IoE and its affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in the defense of any claim. IoE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of IoE.
12. DONATIONS. Donations made through the Services of Internet of Elephants are made directly to our Partners through their websites. Internet of Elephants is not responsible and therefore can not be held liable for how the Partners use the money. It is the sole responsibility of the Partners and any questions related to the use of the donation money should be addressed to the relevant Partner directly.
13. GENERAL PROVISIONS. These Terms, our Privacy Policies, and any additional terms posted on this Service together constitute the entire agreement between IoE and you with respect to your use of this Service. Any cause of action you may have related to your use of this Service must be commenced within 1 year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these Terms will continue in full force and effect. These Terms are governed by and construed in accordance with the laws of Mauritius, excluding its conflict of laws provisions, as applied to agreements executed by Mauritius residents and performed solely within Mauritius, and you submit to personal jurisdiction in Mauritius. You irrevocably agree that the state and federal courts located in Mauritius will have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms in respect of any claim brought against us by you and will have non-exclusive jurisdiction over any claim brought against you by us. You agree to accept service of process by mail in the state in which your domicile is located as specified by you to us. You hereby waive trail by jury. You agree that this provision will survive termination or expiration of this Agreement.