ALFY.COM User Submission Agreement

ALFY.COM User Submission Agreement

Last Modified: December 19, 2008

This User Submission Agreement (this “Submission Agreement”) governs your use of certain aspects of Alfy.com (the “Service”) and is in addition to and a part of the Terms of Use [http://www.alfy.com/terms.aspx] for the Service. Capitalized terms used in this Submission Agreement without definition will have the meaning given in the Terms of Use. Alfy permits users to submit Game Materials (defined in Section 1) to the Service. By submitting or uploading (“Submit”) or attempting to Submit any Game Material, you are agreeing to this Submission Agreement. If you do not agree to this Submission Agreement and the Terms of Use you may not Submit any Game Materials to the Service. This Submission Agreement may change from time to time. We will post notification of any such changes on the Service, or give notice of them to you via e-mail, postal mail or by pop-up screen, at our sole discretion. The change will be effective on the date changes are posted on the Service or sent to you by other means. If you continue to use the Service after changes to this Submission Agreement have been posted or notice given, you are agreeing to those changes.

1. Submitting Game Material.
"Game Material" includes all games, content, media and other materials you Submit for posting on the Services through the Submission Form located at http://www.alfy.com/upload, including, without limitation, images, text, software, files, music, and video, as well as any accompanying documentation, packaging or other materials, tangible or intangible. You must have an Account on the Service in order to Submit Game Materials. Each time you Submit (or attempt to Submit) Game Material you are confirming your agreement to this Submission Agreement. Instructions for Submitting Game Material can be found at the Submission Form located at http://www.alfy.com/upload. We are not responsible for keeping a copy of any Game Materials nor will we return to you any Game Materials Submitted, so you should keep a copy of anything you Submit. Proof that you submitted Game Material does not constitute proof that we received anything. Submitted Game Materials will be evaluated by Alfy if and to the extent it may determine and the decision of whether to include the Game Materials on the Service shall be in Alfy’s sole discretion. Your Submission of Game Material does not create any obligation on Alfy to post or otherwise use such Game Material. Notwithstanding any determination by Alfy to post any Game Materials on the Service, Alfy retains the absolute right to remove any Game Material at any time for any reason without notice. To be considered for posting and display on the Service, Game Material must meet all the Submission Guidelines” located at http://www.alfy.com/upload. However, Alfy has no obligation to post or display any Game Materials even if they meet such specifications and requirements. Any Alfy review of Game Materials shall not be interpreted as an assurance that such Game Materials meet the requirements of this Submission Agreement and/or the Terms of Use and notwithstanding any determination to post Game Material on the Service, you remain fully responsible for compliance with all provisions of this Submission Agreement and the Terms of Use.

2. Age Requirements.
You must be at least 18 years of age to submit any Game Material, any your submission of any Game Materials specifically confirms your compliance with such age requirement.

3. Game Material Standards.
All Game Material Submitted by you (or under your Account) is solely your responsibility. Alfy reserves the right, at any time, without notice to (a) refuse to allow you to submit further Game Material, (b) remove and delete your Game Material, (c) terminate your right to Submit any future Game Materials to the Service, and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or terminating your Account. You are responsible for ensuring that the Game Materials and your actions (and all actions taken under your Account) comply with the laws of your jurisdiction. You agree not to Submit or attempt to Submit any Game Material that: (1) violates the Terms of Use or this Submission Agreement; (2) infringes or violates any third party intellectual property or other rights; (3) is harmful, tortuous, defamatory, libelous, obscene, invades a person’s privacy, threatening, harassing, abusive, hateful, or is otherwise objectionable or inappropriate; (4) may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Service; (5) contains viruses, malicious code, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (6) misrepresents your affiliation with any person or entity; (7) contains links to external web sites or software except as may be specifically permitted by Alfy; or (8) contains business solicitation of any kind, including the advertising, promotion or sale of products or services or referring users to another location for more information on a product or service; provided that you may Submit “adver-game” Game Material that promotes a specific product or service.

5. Rights Granted to Alfy.
By Submitting Game Material, you grant to Alfy a limited, non-exclusive, sub-licensable, worldwide, royalty-free, fully paid license to use, modify, publicly perform, publicly display, reproduce and distribute such Game Materials through the Service, or if you elect, through the services of Alfy business partners. By Submitting Game Material, you are also granting Alfy a limited, non-exclusive, sub-licensable, worldwide, royalty-free, fully paid license to use, modify, publicly perform, publicly display, reproduce and distribute your name, logo, marks, or other identifying elements used by you in connection with the Game Materials. Notwithstanding the foregoing, you acknowledge and agree that Alfy has no obligation to host, display, accept or use any Submitted Game Material, and Alfy may, in its sole discretion, remove or refuse to host, display, accept, use or do anything at all with respect to any Game Material. You agree that you are not entitled to and you will not receive any compensation or other consideration for your Game Material or any use made of your Game Material. You agree that Alfy reserves the sole and exclusive right to sell advertising on pages where the Game Material may be displayed or accessible through the Service, and that Alfy has no obligation or liability to you, notwithstanding that your Game Material may be displayed on or otherwise used by or in connection with the pages on which such advertising or other revenue generating activities may occur.

6. Ownership.
You retain all right, title and interest in your Game Materials, except for the license rights expressly granted by you in this Submission Agreement. Alfy acquires no title or ownership rights in or to any Game Material you Submit and nothing in this Agreement conveys to Alfy any ownership rights in your Game Material. You acknowledge that other persons may have submitted Game Material to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Game Material or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of Game Material, or any posting or display thereof, is not any admission of novelty, priority or originality.

7. Game Material Removal.

You may request that Alfy remove the Game Materials from the Service by delivering a written request for removal to Alfy via email to gamedevelopers@alfy.com. In such event, Alfy will use reasonable commercial efforts to remove the requested Game Material within thirty days. Alfy does not control any Game Material submitted, although we may use both automated and manual means of reviewing Game Material in order to prevent Unauthorized Content from appearing and being displayed on our Site. Alfy reserves the right to review any Submitted Game Material and to delete, remove, move or reject, without notice to you, any Game Material that Alfy deems, in our sole discretion, to be inappropriate or in violation of this Submission Agreement. Alfy shall have no obligation or liability to you for failure to do so or for doing so in any particular manner.

8. Representations; Indemnification.
You represent, warrant and covenant to Alfy that the Game Material Submitted under your Account (1) is owned by you or you have all rights necessary to grant the licenses provided in this Submission Agreement; (2) complies with the terms of this Submission Agreement and the Terms of Use; (3) does not require the payment of any royalties, fees or other charges to any third party in connection with use of the Game Material as provided in this Submission Agreement; (4) you are at least 18 years of age and have the legal right and capability to enter into and perform this Submission Agreement; and (5) all of the information provided by you associated with your Game Material is correct, complete and current. You agree to indemnity Alfy and related parties under the Terms of Use [http://www.alfy.com/terms.aspx]. Those indemnification obligations include, without limitation, indemnity of the Indemnified Parties for claims arising from, related to or caused by your Game Material, including its use by Alfy as provided herein, the Submission of Game Material and/or in any way associated with this Submission Agreement.

9. Disclaimers; Limitation of Liability.
THE SERVICE, INCLUDING THE GAME MATERIAL SUBMISSION FUNCTIONALITIES, ARE PROVIDED BY ALFY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF GAME MATERIAL SUBMISSION FUNCTIONALITIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALFY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES REGARDING ACCESS TO AND/OR AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE OR THE GAME MATERIAL SUBMISSION FUNCTIONALITY, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES IN CONNECTION WITH SUCH GAME MATERIAL SUBMISSION OR DISTRIBUTION, OR THAT THE GAME MATERIAL SUBMISSION FUNCTIONALITIES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. FURTHER, ALFY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. ALFY IS NOT RESPONSIBLE FOR LOST, DAMAGED, MISDIRECTED, UNUSABLE OR UNREADABLE GAME MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR GAME MATERIAL AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE GAME MATERIAL SUBMISSION FUNCTIONALITY.

10. Copyright Infringement.
If you believe that content you own has been used on the Service in a way that violates your copyright or other intellectual property rights, please provide Alfy's Copyright Agent with a notice as described in the Terms of Use [http://www.alfy.com/terms.aspx].