6-5-06TERMS AND CONDITIONS
By viewing or accessing Miniclip SA’s Miniclip.com website, and/or using Miniclip SA games, software, applications, products or services you expressly agree to the following Terms and Conditions detailed below. Miniclip.com is a product of Miniclip SA.
The Privay Policy, newsletter policy, game license agreement, toolbar agreement, and IGloader plugin agreement below are all part of this Miniclip SA Terms and Conditions and are only visually separated to make it easier for you to read.
Your use of the Miniclip SA’s Miniclip.com website and/or use of Miniclip SA games, software, applications, products or services signifies your acceptance of these Terms and Conditions and constitutes a legally binding acceptance of this agreement. If you do not agree to these conditions you are not allowed to access or use Miniclip SA’s websites, games. Software, applications, products or services. Miniclip SA reserves the right to modify, alter and update the content of these Terms and Conditions at anytime. The current terms and conditions will be posted here: http://www.miniclip.com/games/en/terms-and-conditions.php
Although Miniclip SA attempts to ensure that all information contained on this website is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of the site at anytime. Miniclip SA does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MINICLIP SA OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MINICLIP SA’S MINICLIP.COM WEB SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF MINICLIP SA WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
Newsletter / Unsubscribe
Click on the Unsubscribe link at the bottom of the newsletter or enter the email address you joined our Newsletter with on this page http://i.mb00.net/remove?Miniclip, or send an email to helpme@miniclip.com with the email address you would like removed and ‘REMOVE’ in the subject line.
Age restrictions
Miniclip SA does not target the Miniclip.com website or its services to users under 13 of age. There may be certain access restrictions placed on any under 13 year old users. You agree that if you assist users under 13 years old to access the Miniclip.com website or services, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER MINICLIP SA, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links
Miniclip SA accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that Miniclip SA endorses the material or content of these sites.
Advertisments
Miniclip SA accepts no responsibility for any third party advertisements that may appear on Miniclip SA websites.
Online Purchases
We are not liable for errors in pricing at our online products. If a product was not priced properly as determined by Miniclip SA, Miniclip SA has the right to correct the price on any previously placed orders and re-price the product or refund any purchases on the product.
Your debit/credit card account will be billed as ‘Miniclip Games’.
A payment is authorized immediately and collected in 3 working days.
Online support: http://www.miniclip.com/faqs.htm
Purchases support email address: store@miniclip.com
Purchases mailing address: Miniclip SA C/O Miniclip (UK) Ltd, Suite 223, Rosden House, 372 Old Street, London, EC1V 9AU, United Kingdom
Disclaimer Regarding Third Party Games, Applications or services
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA MINICLIP.COM, SUCH AS BUT NOT LIMITED TO RUNESCAPE, CLUB PENGUIN AND PUZZLE PIRATES IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY MINICLIP SA. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF.
RuneScape is owned and operated by Jagex Inc. from Jagex Inc. servers. Club Penguin is owned and operated by New Horizon Inc. from New Horizon Inc. servers. Puzzle Pirates is owned and operated by Three Rings Design Inc. from Three Rings Design Inc. servers. Third party product, games or services may have additional terms and conditions associated with them.
User Rules
Users may be banned or accounts suspended or terminated on the entire Miniclip.com website or any game available on Miniclip.com if users use inappropriate langauge or inappropriate behavior as determined by Miniclip SA. Inappropriate langauge and/or inappropriate behavior is not allowed on Miniclip SA websites. Miniclip SA is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.
You agree not to do any of the following:
- Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
- Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
- Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
- Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
- Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Miniclip SA.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Miniclip SA website or service in violation of the law.
Jurisdiction
The laws of the United Kingdom govern this agreement, without giving effect to conflict of laws provisions. The courts of the United Kingdom have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement unless Miniclip SA wishes to initiate legal proceedings in your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.
1-30-08MINICLIP PRIVACY POLICY
Miniclip is committed to providing an entertaining, fun and educational service. Miniclip.com is a property of Miniclip SA "Miniclip". Miniclip respects the privacy concerns of visitors to Miniclip.com. Miniclip does not target its website or services to under 13 year olds, but does take measures to help protect those that happen to be under 13. We take measures to help children protect their privacy while online. For example, we do not ask children to disclose more personal information than is necessary for them to participate in a particular activity.
Information we collect
We may log IP addresses and/or drop cookies to prevent abuse of our website and/or to enhance services. For the under 13 year olds who choose to sign up for the "Miniclip Players" (which is not required to access the Miniclip.com website) Miniclip collects their parents email addresses and their date of birth when they choose to directly provide it. The parent has the option to agree to the collection and use of their child's information by the operator without consenting to the disclosure of that information to third parties.
How we use the information
We have an internal notification system to communicate with under 13 players and do not send them emails. We do not retain any personal information beyond the time it is needed. We may use information to ensure that users are compliance with our terms. Over 13's may authorize and receive email notifications related to Miniclip services. Miniclip SA may disclose information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Miniclip's property, visitors, or anyone else that could be harmed by such activities.
We may sometimes use non-personally identifiable information that we collect to improve the design and content of our site, to personalize our visitors' experience or to offer products, programs, and services. We may also use this information in the aggregate to analyze site usage, as well as to offer products, programs, or services.
Collection of Information and Third-Party Sites and Sponsors
We do not disclose personally identifiable information of under 13's to third parties. We use DoubleClick and other third-party advertising companies to serve ads when you visit our Web site. These companies and Miniclip SA may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. Third parties and or Miniclip may be placing and reading cookies on your browser, or using web beacons to collect information, in the course of ads being served. We may also share the anonymous information that we collect from you with our business partners or clients so that they may improve their services. We may use anonymous information that we collect from you to improve our services. You may manage your cookies via your web browser and if you would like more information about this practice and to know your choices about not having this information used by these companies, please click here http://www.networkadvertising.org/optout_nonppii.asp
Information that is reasonably necessary
Miniclip does not require under 13's to disclose more information than is reasonably necessary to participate in the activity as a condition of participation.
Security
We have implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
Parental Review
Parents, if you would like to review your child's personal information, ask to have it deleted, and refuse to allow any further collection or use of the child's information then please send a letter to our Privacy Manager at Miniclip SA C/O Miniclip (UK) Ltd, Suite 223, Rosden House, 372 Old Street, London, EC1V 9AU, United Kingdom. Please be sure to include your email address and a telephone number where we can reach you. Our phone number is 1-(646)-827-9817. To protect your child's privacy and security, we will take reasonable steps to help verify your identity before granting you access to the personal information that we collect and maintain about your child.
Changes to this Privacy Policy
This Privacy Policy is part of the Miniclip main Terms and Conditions which you agree to by accessing the Miniclip.com webstie and/or services. You agree that Miniclip SA may change this Privacy Policy and the main Miniclip Terms and Conditions at any time. Our current Privacy Policy will be posted here: http://www.miniclip.com/en/privacy-policy.php which is part of our Terms and Conditions posted here: http://www.miniclip.com/games/en/terms-and-conditions.php. Our contact email for questions is support@miniclip.com.
Internet Safety
Miniclip recommends that Parents take time to communicate and educate their children about Internet Safety. Please see the Miniclip Internet Safety webpage for information on Internet Safety: http://www.miniclip.com/games/en/internet-safety.php
9-21-06Content Posting/Submissions
By submitting/posting any Content, such as but not limited to audition, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials, you hereby grant to Miniclip SA, a non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through Miniclip SA services and the Miniclip.com website or any other medium.
6-5-06MINICLIP.COM NEWSLETTER EMAIL POLICY
"Setting the Standard for Newsletter policies on the web."
We at Miniclip.com take pride in the fact that we have one of the most comprehensive Newsletter/Email Policy's on the Internet today.
We strive to keep our customers happy by providing them with an easy to use system for joining and unjoing our lists.
Our newsletters have an easy to use system with alternative methods of unjoing to ensure that you can easily be removed from our lists. This is done automatically or if need be, manually by our help department.
Included in our Newsletter emails are:
- An easy option to unjoin the list you are subscribed to.
- A second option to unjoin manually through our help department. This ensures that anyone can unsubscribe even if the automated system fails. We are one of the first to implement this added safety feature in every email.
- The email address you subscribed with is shown in case you have forgotten it, or you are using mail forwarding or a catch all address.
- An email address is included in every join confirmation to report any abuse of the system so we can investigate and take action if necessary. We are one of the first to implement this additional reporting system in every email.
- A link to our Newsletter/Email Policy on every email. Again we are one of the first to implement this policy.
- To this date we may be the only Newsletter sender that includes all these safety features together in our emails.
Why our join system is superior to most others:
- No small print or multiple check boxes already checked that you have to uncheck.
- We only allow you to opt in to a newsletter unlike others who force you to opt out by un-checking one or many boxes.
- Only your full email address entered into a form will opt you into a list.
- We do not buy email addresses from other sources.
- We do not borrow email addresses from other sources.
- We do not send our emails to addresses from other sources.
- We do not spam.
- We log IP addresses to prevent abuse.
- We do not sell our email addresses.
- We only send to our own opt in email list members. (Miniclip Members who have chosen to receive our Newsletters.)
- How we help to shield our members from spamming and protect their privacy.
- We don't sell our email lists.
- We don't loan our email lists.
- We don't let other companies use our email lists.
- We don't disclose our email addresses to anyone else.
- As you can see Miniclip.com strives to ensure the very best experience for our users by being very stringent in regard to our Newsletter/Email Policy and our system that ensures every member the ability to unjoin from our lists.
If you would like to be removed from any Miniclip list send an email to newsletter@miniclip.com with the email address you would like removed and if you can also forward us the last newsletter you received to newsletter@miniclip.com.
If you feel someone is trying to abuse the system you may report it here: newsletter@miniclip.com
Acceptable Use Policy
Miniclip SA has no tolerance for any misuse of our website for any immoral, illegal or other activity deemed to be inappropriate by Miniclip SA We hold any user of our website responsible for any misappropriate behavior which includes any attempt to use our system for spamming or any other type of abuse. If we get a complaint we can investigate and if necessary track down the person or persons responsible the activity to take any necessary actions such as prosecution.
6-5-06MINICLIP.COM GAME LICENSE AGREEMENT
Use or Distribution of Miniclip Games or other content.
Miniclip SA Software License Agreement (Games, movies and content)
Definitions: Games, movies, and content produced by Miniclip SA shall be known as the SOFTWARE.
The only SOFTWARE licensed by this agreement is posted here: http://www.miniclip.com/Downloads.htm
You should carefully read the following terms and conditions before using this SOFTWARE. Unless you have a different license agreement signed by Miniclip SA, your use or distribution of this SOFTWARE indicates your acceptance of this license agreement and warranty.
Use of the SOFTWARE is contingent on your agreement to the following terms:
GRANT OF LICENSE
Miniclip SA grants you a limited non-exclusive license to use the SOFTWARE only on websites according to this agreement. The license fee is a flexible pricing schedule that may be imposed and altered at any time. At this moment the license fee is free. You agree to pay any such licensing fee that may be imposed in the future or to remove the SOFTWARE from your site immediately. Miniclip SA is not obligated to supply any support whatsoever. Miniclip SA reserves the right to revoke this License and or restrict the use of the SOFTWARE on a website or its distribution at any time, for any reason.
The SOFTWARE may not be used on sites that are pornographic, hate related, racist, or sites that install adware or other types of sites that Miniclip SA in it's sole discretion sees as being unsuitable. Miniclip SA may also at its sole discretion exclude websites or companies from software licenses. If you are using the SOFTWARE on a website and you are notified by Miniclip SA to remove it you agree to do so immediately. YOU ARE NOT ALLOWED TO PACKAGE THE SOFTWARE WITH YOUR SOFTWARE OR OTHER 3RD PARTY SOFTWARE, OR REQUIRE OR ENCOURAGE USERS TO DOWNLOAD OTHER SOFTWARE IN ORDER TO ACCESS MINICLIP SOFTWARE SUCH AS ADWARE, TOOLBARS, DESKTOP APPLICATIONS OR ANY OTHER TYPE OF SOFTWARE. YOU ARE NOT ALLOWED TO REQUIRE USERS TO DIAL PREMIUM NUMBERS TO ACCESS MINICLIP SOFTWARE OR PROMISE THEM ACCESS TO OUR MINICLIP SOFTWARE VIA PREMIUM TELEPHONE NUMBERS OR OFFER OTHER PREMIUM SERVICES WITHOUT THE EXPRESS WRITTEN CONSENT OF MINICLIP SA. The license terms may be changed at any time and are available to see on the Miniclip.com website at www.miniclip.com/TermsandConditions.htm.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINICLIP SA FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH THE RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINICLIP SA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF MINICLIP SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANT ABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which the Software may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. The user must assume the entire risk of using the Software. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
SCOPE OF GRANT
You may not reverse engineer, decompile, disassemble or modify the SOFTWARE in any way. Miniclip SA shall retain title and all ownership rights to the SOFTWARE.
COPYRIGHT
This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
MAINTENANCE
Miniclip SA is not obligated to provide maintenance or updates for the SOFTWARE. However, any maintenance or updates provided by Miniclip SA shall be covered by this Agreement.
DISTRIBUTION
You are hereby licensed to make as many copies of this SOFTWARE as you wish and distribute the software in its unmodified form via a website You are specifically prohibited from charging for use of or access to, or requesting donations, or bundling with any other software or hardware the SOFTWARE unless you obtain a custom license agreement from Miniclip SA. You are not allowed to distribute the SOFTWARE on CD.
CUSTOM LICENSE AGREEMENTS
If you wish to use the SOFTWARE for any other purpose such as CD distribution you may apply for a custom licensing agreement at biz@miniclip.com
6-5-06MINICLIP.COM TOOLBAR LICENSE AGREEMENT
YOUR USE, DOWNLOAD OR INSTALLATION OF THE MINICLIP TOOLBAR INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
PLEASE READ THE FOLLOWING MINICLIP TOOLBAR LICENSE AGREEMENT CAREFULLY.
The “Miniclip Toolbar” may also be referred to as the “Miniclip Game Bar” or the “Miniclip Game Toolbar”.
1. YOU ARE GRANTED THE FOLLOWING LIMITED RIGHTS:
A. You may use Miniclip Toolbar for personal purposes. For commercial use, you need an express written permission of Miniclip SA.
B. You may not reproduce, distribute, transmit, print or transfer information related to Miniclip Toolbar.
C. The statistics information collected by the Miniclip Toolbar are strictly anonymous and are respecting the privacy.
2. IT IS STRICTLY PROHIBITED TO:
A. Modify the software in part or in its entirety.
B. Decompile or reverse engineer the Miniclip Toolbar.
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH MINICLIP SA MAY SEEK.
3. LIMITED WARRANTY:
LIMITATION OF LIABILITY FOR INDIRECT DAMAGES: Miniclip SA cannot be held responsible under any circumstances for damages of any character (including, but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this product.
The Miniclip Toolbar is provided under license on an "AS IS" basis, without warranty of any kind, expressed or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. In no event shall Miniclip SA, or any third party involved in the creation, production, or delivery of the Miniclip Toolbar be liable under any circumstances for any direct or indirect damages including, but not limited to, damages for loss of business profits, business interruption, incurred by the user even if Miniclip SA has been advised of such damages.The entire risk as to the results and performance of the Miniclip Toolbar is borne by the user. Miniclip SA may, at any time, revoke this license by notifying the user of the software. The user may cancel his license to use the product by destroying or erasing all copies of the toolbar.
By downloading, installing or using the Miniclip Toolbar, you expressly agree to the term and conditions detailed here and any modifications and or updates posted here: http://www.miniclip.com/TermsandConditions.htm . Miniclip Toolbar is a product of Miniclip SA.
NEITHER MINICLIP SA, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MINICLIP TOOLBAR, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. PROPERTY:
Use of the product's name is strictly forbidden unless it's used with the express written permission of Miniclip SA.
This Miniclip Toolbar, including its code, documentation, appearance, structure, and organization is an exclusive product of Miniclip SA., who retains the property rights to the Miniclip Toolbar, its copies, modifications, or merged parts.
5. Miniclip SA requires users to be 14 years or older to use the Miniclip Toolbar service.
6. Miniclip Toolbar Services.
The Miniclip Toolbar may give you access to services of Miniclip SA and third party suppliers, such as Ask Jeeves and Price Grabber search bars, who may provide content and services in addition to those of Miniclip SA through or in the Miniclip Toolbar or in conjunction with it. The toolbar services may be within the toolbar, within your browser or within separate browser windows displayed over or under your main browser window or by other means. The Miniclip Toolbar services are subject to change. The Miniclip Toolbar services may be delivered to you based on several factors including, without limitation, your internet use, your computer use, the type of machine you are using or its configuration, your operating system, or other factors. You allow us to bring you services based on these factors. The Miniclip Toolbar works in conjunction with your browser and may modify or enhance the functionality of your browser or other software. By downloading, installing or using the Miniclip Toolbar, you consent to such modifications and/or enhancements.
7. Limited License To Use The Miniclip Toolbar
We may make Miniclip Toolbar services changes, patches, fixes (collectively, “Updates”) to the Miniclip Toolbar. The Miniclip Toolbar includes updates and these terms and conditions will apply to the updated Miniclip Toolbar. You agree that we may automatically provide such updates to you at our discretion without any further consent from you or notification to you.
We may revoke your license to use the Miniclip Toolbar at any time for any reason.
You may uninstall the Miniclip Toolbar at any time.
8. Restrictions
You are prohibited from (i) decompiling, reverse engineering, or disassembling the Miniclip Toolbar or the Miniclip Toolbar Services, or otherwise attempting to derive their source code; (ii) tampering or interfering with the functionality, delivery or operation of the Toolbar while using or installing it, (iii) selling, renting, transferring, reselling, or distributing the Miniclip Toolbar to any third party; (iv) duplicating, reproducing, copying (except for reasonable backup purposes), modifying, or otherwise creating derivative works of the Miniclip Toolbar or the Miniclip Toolbar Services, or (v) exporting or re-exporting the Miniclip Toolbar, directly or indirectly, into any country prohibited by law.
9. Disclaimer Regarding Third Party Applications
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY APPLICATION THAT MAY BE BUNDLED WITH THE TOOLBAR, IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY LICENSOR. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY SUCH THIRD PARTY APPLICATION IS NOT GOVERNED BY THIS EULA, BUT MAY BE GOVERNED BY SUCH THIRD PARTY APPLICATION PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY APPLICATIONS OR YOUR USE THEREOF.
10. Indemnification
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE TOOLBAR, OR USING THE MINICLIP TOOLBAR SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY MINICLIP TOOLBAR SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE "INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE MINICLIP TOOLBAR OR THE MINICLIP TOOLBAR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
11. Changes to these Terms and Conditions
You agree that Miniclip SA may change these terms and conditions at any time. The current terms and conditions for this agreement will be posted at: http://www.miniclip.com/TermsandConditions.htm
You will be able to check and read the current terms and conditions and if you do not agree with them you may uninstall your toolbar. Instructions to help you uninstall your toolbar will be posted here: http://www.miniclip.com/toolbar/faqs.htm You are allowed to cancel your license by uninstalling the Miniclip Toolbar at any time.
12. Miniclip Toolbar Service
No Personally Identifiable Information Collected.
No personally identifiable information is requested by the Miniclip Toolbar. This means the Miniclip Toolbar doesn’t seek any information related to your name, telephone number, address, or your email address. At this time the Miniclip Toolbar is intended to be a completely anonymous service.
Information Collection
In order to improve the Miniclip Toolbar, and our other services, we may collect certain information from you via the Miniclip Toolbar. This information includes information about how you interact with the Miniclip Toolbar, such as your queries and your use of Miniclip Toolbar functionality, such as clicks on specific Miniclip Toolbar buttons. The Miniclip Toolbar does not collect information regarding your internet activity and computer use, such as the URLs of the websites that you visit. Miniclip SA will post any such information here: http://www.miniclip.com/TermsandConditions.htm.
We may collect the normal type of information that is already available to the Web sites you visit, such as your operating system and IP address. None of this data contains personally identifiable information; it merely allows us to improve the Miniclip Toolbar and any other services to better serve you.
From time to time, the Miniclip Toolbar will contact our servers to provide us with the above information. The Miniclip Toolbar will also contact our servers to see if you are running the most current version. If we have updates or patches to the Miniclip Toolbar we may automatically provide you with these at this time.
If you are a user of the Miniclip Toolbar or some of our other services, such as the Miniclip.com website, we may have set a cookie () on your computer to help us remember some of your preferences. The Miniclip Toolbar may read the cookie while you are using our services in order for us to customize these services for you. These cookies are completely anonymous and do not contain or transmit any personally identifiable information.
You may choose to set your browser software to refuse these cookies, however doing so may prevent us from optimizing our services to better serve you.
Using Collected Information
We use the information collected from you to improve the Miniclip Toolbar and our other services, including the services that are made available to you through the Miniclip Toolbar. We may also share the anonymous information that we collect from you with our business partners or clients so that they may improve their services, which may be made available to you through the Miniclip Toolbar.
13. Jurisdiction
The laws of the United Kingdom govern this agreement, without giving effect to conflict of laws provisions. The courts of the United Kingdom have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement unless Miniclip SA wishes to initiate legal proceedings in your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.
10-29-07PUTTY FACE AGREEMENT
You must be 13 years or older to use the Putty face service. You are solely responsible and assume full liability for the photos that you upload, publish or display (hereinafter, "Ppost") on or through the Putty Face application which is a service of Miniclip SA. You may not Ppost, transmit, or share photos through Putty Face that you did not create or that you do not have permission or the rights to post. You understand and agree that Miniclip SA may, but is not obligated to, review your pictures and may delete or remove (without notice) any picture in its sole discretion, for any reason or no reason, including without limitation pictures that in the sole judgment of Miniclip SA might be offensive, illegal, or that might violate copyright rights or otherthe rights, harm, or threaten the safety of users or others. You agree to remove any photo immediately if Miniclip SA informs you to remove any photo made, Posted, transmitted or shared or and/or modified by the Putty Face service regardless of the website or medium that it may be eventually displayed on.
When you post pictures to Putty Face, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of them. on Miniclip.com. By posting pictures to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Miniclip SA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such pictures for any purpose on or in connection with Miniclip.com or the promotion thereof, or to prepare derivative works of, or incorporate into other works, such pictures, and to grant and authorize sublicenses of the foregoing.
6-5-06IGLOADER PLUGIN LICENSE AGREEMENT
YOUR USE, DOWNLOAD OR INSTALLATION OF THE IGLOADER PLUGIN INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
PLEASE READ THE FOLLOWING IGLOADER PLUGIN LICENSE AGREEMENT CAREFULLY.
1. YOU ARE GRANTED THE FOLLOWING LIMITED RIGHTS:
A. You may use IGloader Plugin for personal purposes.
B. You may not reproduce, distribute, transmit, print or transfer information related to IGloader Plugin.
C. Any statistics information collected by the IGloader Plugin are strictly anonymous
and are respecting the privacy.
2. IT IS STRICTLY PROHIBITED TO:
A. Modify the IGloader Plugin in part or in its entirety.
B. Decompile or reverse engineer the IGloader Plugin.
SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH MINICLIP SA MAY SEEK.
3. LIMITED WARRANTY:
LIMITATION OF LIABILITY FOR INDIRECT DAMAGES: Miniclip SA cannot be held responsible under any circumstances for damages of any character (including, but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use of the IGloader Plugin.
The IGloader Plugin is provided under license on an "AS IS" basis, without warranty of any kind, expressed or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. In no event shall Miniclip SA, or any third party involved in the creation, production, or delivery of the IGloader Plugin be liable under any circumstances for any direct or indirect damages including, but not limited to, damages for loss of business profits, business interruption, incurred by the user even if Miniclip SA has been advised of such damages.
The entire risk as to the results and performance of the IGloader Plugin is borne by the user. Miniclip SA may, at any time, revoke this license by notifying the user of the software. The user may cancel his license to use the product by destroying or erasing all copies of the IGloader Plugin.
By downloading, installing or using the IGloader Plugin, you expressly agree to the term and conditions detailed here and any modifications and or updates posted here: http://www.miniclip.com/TermsandConditions.htm . IGloader Plugin is a product of Indiepath Limited.
NEITHER MINICLIP SA, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE IGLOADER PLUGIN, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. PROPERTY:
Use of the product's name is strictly forbidden unless it's used with the express written permission of Miniclip SA.
This IGLoader Plugin, including its code, documentation, appearance, structure, and organization is an exclusive product of Indiepath Limited., who retains the property rights to the IGLoader Plugin, its copies, modifications, or merged parts.
5. Miniclip SA requires users to be 14 years or older to use the IGLoader Plugin service.
6. IGLoader Plugin Services.
The IGLoader Plugin may give you access to services of Miniclip SA and third party suppliers, who may provide content, software and services in addition to those of Miniclip SA via the IGLoader Plugin or in conjunction with it. The IGLoader Plugin services may be within your browser or within separate browser windows displayed over or under your main browser window or on your computer. Any software installed with the assistance of the IGLoader Plugin will be subject to Miniclip SA’s standard terms and condition posted here, http://www.miniclip.com/TermsandConditions.htm and/or any other terms specifically related to the software installed. The IGLoader Plugin is subject to change. The IGLoader Plugin services may be delivered to you based on several factors including, without limitation, your internet use, your computer use, the type of machine you are using or its configuration, your operating system, or other factors. You allow us to bring you services based on these factors. The IGLoader Plugin may work in conjunction with your browser and may modify or enhance the functionality of your browser or other software or allow the installation of other software on your computer when you are prompted and give your permission by clicking a button. By downloading, installing or using the IGLoader Plugin, you consent to such modifications and/or enhancements.
7. Limited License To Use The IGLoader Plugin
We may make IGLoader Plugin changes, patches, fixes (collectively, “Updates”) to the IGLoader Plugin. The IGLoader Plugin includes updates and these terms and conditions will apply to the updated IGLoader Plugin. You agree that we may automatically provide such updates to you at our discretion without any further consent from you or notification to you.
We may revoke your license to use the IGLoader Plugin at any time for any reason.
You may uninstall the IGLoader Plugin at any time.
8. Restrictions
You are prohibited from (i) decompiling, reverse engineering, or disassembling the IGLoader Plugin or the IGLoader Plugin Services, or otherwise attempting to derive their source code; (ii) tampering or interfering with the functionality, delivery or operation of the IGLoader Plugin while using or installing it, (iii) selling, renting, transferring, reselling, or distributing the IGLoader Plugin to any third party; (iv) duplicating, reproducing, copying (except for reasonable backup purposes), modifying, or otherwise creating derivative works of the IGLoader Plugin or the IGLoader Plugin Services, or (v) exporting or re-exporting the IGLoader Plugin, directly or indirectly, into any country prohibited by law.
9. Disclaimer Regarding Third Party Applications
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY APPLICATION THAT MAY BE BUNDLED WITH IGLOADER PLUGIN, IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY LICENSOR. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY SUCH THIRD PARTY APPLICATION IS NOT GOVERNED BY THIS EULA, BUT MAY BE GOVERNED BY SUCH THIRD PARTY APPLICATION PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY APPLICATIONS OR YOUR USE THEREOF.
9. Disclaimer Regarding Miniclip SA Games, Applications or services.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY MINICLIP SA GAME, APPLICATION OR SERVICE THAT MAY BE BUNDLED WITH, LOADED OR INSTALLED WITH THE IGLOADER PLUGIN, WILL BE PROVIDED TO YOU WITH YOUR PERMISSION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY MINICLIP SA GAME, APPLICATION OR SERVICE CONSTITUTES YOUR ACCEPTANCE AND ACKNOWLEGEMENT THAT MINICLIP SA EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH MINICLIP SA GAMES, APPLICATIONS OR SERVICCES OR YOUR USE THEREOF.
10. Indemnification
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE IGLOADER PLUGIN, OR USING THE MINICLIP SA IGLOADER PLUGIN SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY MINICLIP TOOLBAR SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (THE "INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE IGLOADER PLUGIN OR THE MINICLIP IGLOADER PLUGIN SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
11. Changes to these Terms and Conditions
You agree that Miniclip SA may change these terms and conditions at any time. The current terms and conditions for this agreement will be posted at: http://www.miniclip.com/TermsandConditions.htm
You will be able to check and read the current terms and conditions and if you do not agree with them you may uninstall your IGLoader Plugin. You are allowed to cancel your license by uninstalling IGLoader Plugin at any time.
12. Miniclip IGLoader Plugin Service
No Personally Identifiable Information Collected.
No personally identifiable information is requested by the IGLoader Plugin. This means the IGLoader Plugin doesn’t seek any information related to your name, telephone number, address, or your email address. At this time the IGLoader Plugin is intended to be a completely anonymous service.
Information Collection
In order to improve the IGLoader Plugin, and our other services, we may collect certain information from you via the IGLoader Plugin. This information includes information about how you interact with the IGLoader Plugin, such as your queries and your use of IGLoader Plugin functionalit. The IGLoader Plugin does not collect information regarding your internet activity and computer use, such as the URLs of the websites that you visit. Miniclip SA will post any such information here: http://www.miniclip.com/TermsandConditions.htm.
We may collect the normal type of information that is already available to the Web sites you visit, such as your operating system and IP address. We may also collect or accept security related information from you. None of this data contains personally identifiable information; it merely allows us to improve the IGLoader Plugin Services and any other services to better serve you.
From time to time, the IGLoader Plugin may contact our servers to provide us with the above information. The IGLoader Plugin may also contact our servers to see if you are running the most current version. If we have updates or patches to the IGLoader Plugin we may automatically provide you with these at this time.
If you are a user of the IGLoader Plugin or some of our other services, such as the Miniclip.com website, we may have set a cookie () on your computer to help us remember some of your preferences. The IGLoader Plugin or Miniclip SA Services may read the cookie while you are using our services in order for us to customize these services for you. These cookies are completely anonymous and do not contain or transmit any personally identifiable information.
You may choose to set your browser software to refuse these cookies, however doing so may prevent us from optimizing our services to better serve you.
Using Collected Information
We use the information collected from you to improve the IGLoader Plugin Miniclip SA Services and our other services, including the services that are made available to you through the IGLoader Plugin. We may also share the anonymous information that we collect from you with our business partners or clients so that they may improve their services.
13. Jurisdiction
The laws of the United Kingdom govern this agreement, without giving effect to conflict of laws provisions. The courts of the United Kingdom have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement unless Miniclip SA wishes to initiate legal proceedings in your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.
Copyright
If you believe that your copyrightable work is being displayed on this site and is violating copyright regulations - please advise us immediately at biz@miniclip.com and we will remove it.
Contact Information: http://www.miniclip.com/contact_us.htm
San Francisco
1-(415)-462-1484
New York
1-(646)-827-9817
Miniclip SA C/O Miniclip (UK) Ltd.
Suite 223
Rosden House
372 Old Street
London, EC1V 9AU
United Kingdom