Terms and Conditions
Last Updated on July 13, 2007
Welcome to Alfy.com (the "Service"). We want to make sure that you (and your
parents if you are under 18 years old) read and understand the rules which
govern your use of the Service. This User Agreement (this "Agreement") explains
those rules and what you can and cannot do on the Service as well as certain
other legal and business aspects of using the Service. Please read this
Agreement carefully before using or registering as a member of, or allowing
your child (and/or any other person) to use, the Service. If you are under 18,
you and your parent should discuss this Agreement to be sure that you both
understand and are comfortable with its terms and with the terms of the
Alfy Privacy Policy. The Service is owned and operated by Alfy, Inc.,
which is referred to in this Agreement as "Alfy", "we," "us" or similar
references.
We may, from time to time, have special events, software or content available on
the Service, which will be subject to additional terms and conditions that will
be made available for your review. You agree that if you use or access such
special events, software or other content, such additional terms and conditions
will be binding.
By using the Service, you (and your parents if you are under 18) agree to the
terms of this Agreement. If you do not agree to the terms of this Agreement
please do not use the Service or register as a member of the Service or provide
any information to the Service. This Agreement and the rules that you must
follow on the Service may change from time to time. Any changes will be posted
on the Service with a new "last updated "date indicating that changes have been
made. If you continue to use the Service after changes to this Agreement have
been posted on the Service, you are agreeing to those changes.
BASIC OVERVIEW
1. The activities, games and other items available on the Service are for you to
use and play with while you are on the Service. They are not for you to copy,
sell, give to anyone or to say that you made them.
2. We allow users to post things on the Service, including on message boards,
chat rooms and other parts of the service. You are not allowed to post anything
that If you see anything that is mean, nasty or that makes you uncomfortable,
please contact us immediately at info@alfy.com so that we can look into it and
do our best to take care of it. We all want the Service to be a good place to
hang out, so by using the Service you agree that you will not post the
following kinds of information: personal information about a user that could be
used to identify who they are o swear words (profanity or obscenities);
personal attacks on other people or users; sexual content or statements; other
information that Alfy deems in it is sole discretion to be inappropriate for
the Service.
3. If you post something on the Service that Alfy thinks is interesting, we
might want to use it in another way on the Service or in our business. By
sending your thoughts to us on the Service, you (and your parents, if you are
under 18) are agreeing that it is ok for Alfy to repeat what you have said as
part of our business and maybe even in advertising. This is one reason why it
is important to check with your parents before sending anything to us.
BASIC OVERVIEW
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
1. Registrations. You are not required to register in order to use the
Service. However, participation in certain activities will require
registration. If you do decide to register, you will select a user name and
password for your account ("Account"). Your user name should not contain your
real name or any other element that can be used to identify your real identity.
You are responsible for maintaining the confidentiality of your user name and
password, and you will be responsible for all uses of your user name and
password, whether or not authorized by you. You must notify us at info@alfy.com
of any known or suspected unauthorized use(s) of your Account, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
of your user name and password. We will have no liability for any circumstances
arising from the unauthorized use of a user name, password or your Account. Any
fraudulent, abusive, or otherwise illegal activity on your Account may be
reported to appropriate law-enforcement agencies by us. You are solely
responsible for providing all computer hardware, telephone and other equipment
necessary to access the Service, including without limitation Internet access
software and modems.
2. Changes to the Service or this Agreement. We may change, modify,
suspend, or discontinue any aspect of the Service at any time, including,
without limitation, access policies, the availability of any Service feature,
hours of availability, content, data, or software or equipment needed to access
the Service. We may also impose limits on certain features or restrict your
access to parts or all of the Service without notice or liability.
We reserve the right, at our sole discretion, to change, modify, add, supplement
or delete any provisions of this Agreement at any 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 any future changes to this Agreement are unacceptable to you
or cause you to no longer be in compliance with this Agreement, you must stop
using the Service. Your continued use of the Service following your receiving a
notice of changes to this Agreement will mean you accept any and all such
changes.
3. Content on the Service. All materials and content contained in the
Service (including any form of media on or through which any portion of the
Service is provided to you) are the copyrighted property of Alfy, its
affiliates and/or third party licensors. All Alfy trademarks, service marks,
brands, trade dress, logos, characters and trade names are proprietary to Alfy,
its affiliates, or its or their licensors. No material from the Service may be
copied, reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except that you may print limited portions of the content for your
own personal non-commercial use.
In the event you download or otherwise obtain software for or from, or print any
material or content from, the Service (including any interactive materials or
content which may contain or reflect input or activity generated by you), the
software, material and content, including any files, images incorporated in or
generated by the software, and data accompanying the software (collectively,
the "Software") are licensed to you by us or third party licensors for your
personal, non-commercial home use only. We do not transfer title to the
Software to you. You own the medium on which the Software is recorded, but we
(or third party licensors) retain full and complete title to the Software and
all intellectual property rights therein. You may not redistribute, sell,
de-compile, reverse engineer, or disassemble the Software.
We make no representation, warranty or endorsement as to the accuracy or
reliability of any content, materials or information contained in, and/or
displayed, uploaded, or distributed by or through the Service. You acknowledge
that any reliance upon any such statement, advice, opinion or other information
will be at your sole risk. We will have the right, in our sole discretion, to
correct any errors or omissions in any portion of the Service, but we have no
obligation or duty whatsoever to monitor for, verify or correct any errors or
omissions in any portion of the Service.
Certain activities on the Site may enable users to earn and accumulate points. Points may be used to enter sweepstakes or contests or for other purposes on the Site, however all points are virtual and have no cash or real life value. Points cannot be exchanged or transferred to any third party. We reserve the right in our sole discretion to cease offering opportunities to earn points on the Site and/or to cease proving opportunities to use the points you may have earned on the Site, in each case with out any compensation, liability or further obligation to you.
4. User Submissions. We are pleased to hear from our users and welcome
your comments regarding the Service. However, Alfy does not accept or consider
creative ideas, suggestions, or materials other than those that we have
specifically requested. While we do value your feedback on the Service, we
request that you be specific in your comments, and not submit any creative
ideas, suggestions, or materials (unless specifically requested by us). If, at
our request, you send certain specific submissions (e.g., postings to chat
areas, boards, or contests) or, despite our request, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "User Submissions" notwithstanding whether provided by a
user or some other individual or entity), the User Submissions shall be deemed,
and shall remain, our property. None of the User Submissions shall be subject
to any obligation of confidence on our part and we shall not be liable for any
use or disclosure of any User Submissions. Without limitation of the foregoing,
we shall exclusively own all now known or hereafter existing rights to the User
Submissions of every kind and nature throughout the universe and shall be
entitled to unrestricted use of the User Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the provider of
the User Submissions.
5. Chat Rooms, Message Boards and other Public Communications. We may
provide Common Areas on the Service from time to time. "Common Area" means a
chat room, message board, personalized user page, or other similar function
which may be offered as part of the Service. Each user is solely responsible
for the content of that user's messages and messages posted under the user's
account. If you participate in any Common Area within the Service, you must
not: defame, abuse, harass or threaten others; make any bigoted, hateful or
racially offensive statements; advocate illegal activity or discuss illegal
activities with the intent to commit them; post or distribute any material that
infringes and/or violates any right of a third party or any law; post or
distribute any vulgar, obscene, discourteous or indecent language or images;
advertise or sell to, or solicit others; use the Common Area for commercial
purposes of any kind; post or distribute any software or other materials which
contain a virus or other harmful component; or post material or make statements
that do not generally pertain to the designated topic or theme of the
respective Common Area. We reserve the right to remove or edit content from any
Common Area at any time and for any reason. By uploading materials to any
Common Area or submitting any materials to us, you automatically grant (or
warrant that the owner of such materials expressly granted) us a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, publicly perform and display, create
derivative works from and distribute such materials or incorporate such
materials into any form, medium, or technology now known or later developed
throughout the universe. In addition, you warrant that all so-called "moral
rights" in those materials have been waived.
6. Notices. If you have registered on the Service, you agree that you
have provided us with a correct e-mail address, and agree to update us of any
changes in your e-mail address or other Account information. We will give
notice to our users of certain changes or events by posting a general notice on
the Service, and we may also send an e-mail to registered user's e-mail address
on record, or contact users through other means, such as by written
communication sent by first-class mail to the user's address on record. You may
give notice to us by electronic mail at the following e-mail address
info@alfy.com. Notices will be deemed given when actually received or, in the
case of notices posted on the Service, on the date the notice was posted.
7. PRIVACY AND COLLECTION OF INFORMATION. BY USING THE SERVICE YOU ARE
ALSO AGREEING TO THE TERMS OF OUR PRIVACY POLICY WHICH IS LOCATED AT
http://www.alfy.com/privacy.aspx. OUR PRIVACY POLICY COMPLIES WITH THE TERMS OF
THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT. WE ENCOURAGE YOU (AND YOU PARENT
IF YOU ARE UNDER 18) TO REVIEW THE PRIVACY POLICY PRIOR TO USE.
8. Links to Third Party Web Sites. We may include links from the Service
to third party web sites. We do not have any control over these third party
websites and we do not endorse those site nor do we verify or take any
responsibility for the accuracy, content or quality of such sites, nor for the
products or services available through those sites. Further, we do not make any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give in connection with any such sites. Alfy will under no
circumstances be liable for any damages or liability whatsoever, caused by your
use or access of any third party site linked to from the Service and you hereby
irrevocably waive any claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before visiting any third party sites linked to form the Service and before
proceeding with any transactions on such sites. Because some sites employ
automated search results or otherwise link to sites containing information that
may be deemed inappropriate or offensive, we cannot be held responsible for the
accuracy, copyright compliance, legality, or decency of material contained in
other sites that may be linked to the Service. You hereby irrevocably waive any
claim against us with respect to such sites.
9. Copyright Infringement. If you believe that content you own has been
used on the Site in a way that violates your copyright or other intellectual
property rights, please provide Alfy's Copyright Agent with a notice. To be
effective, the notification must be a written communication that includes the
following:
-
A physical or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
-
Identification of the copyrighted work claimed to have been infringed, or
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
-
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;
-
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted;
-
A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law;
-
A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Alfy's Designated Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail: CEO
589 8th Avenue, 20th Floor
New York, NY 10018 |
By Phone: 212- 968-0600
By Facsimile: 212-629-5790 |
By email: info@alfy.com |
10. Indemnification. You agree to indemnify, defend, and hold ALFY, its
affiliates, and their respective officers, directors, owners, agents,
information providers, affiliates, licensors, and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all liability and
costs, including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties resulting from your violation of any term or condition
of this Agreement. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter that may be subject to
indemnification by you, in which case you will fully cooperate with us in the
defense of any claim.
11. DISCLAIMER AND LIMITATION OF LIABILITY. THE SERVICE AND ALL MATERIALS
CONTAINED ON IT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THE ABSENCE OF
INACCURACIES IN INFORMATIONAL CONTENT. WE DO NOT WARRANT THAT THE SERVICE OR
THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
(AND NOT WE) ASSUME THE ENTIRE RESPONSIBILITY AND COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION.
You understand and agree that any material and/or data downloaded or otherwise
obtained through the Service is at your own risk and that you will be solely
responsible for any damage to your computer system, loss of data or any other
loss or damage that results from such download and/or data.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALFY, ITS AFFILIATES, AND
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS,
LICENSEES, AND THIRD PARTY PROVIDERS TO THE SERVICE WILL NOT BE LIABLE FOR
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE SERVICE OR THE MATERIALS IN THE SERVICE. THIS
LIMITATION WILL APPLY EVEN IF ALFY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE
FORESEEABLE. IN NO EVENT WILL ALFY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
We make no guarantees, warranties or representations that any of our users will
be absolutely safe or insulated from inappropriate content or behavior and we
do not guarantee, warrant or represent that a user will not try to circumvent,
or be successful in circumventing, the features on the Service. Furthermore,
Alfy does not assume any obligations, liability, or responsibilities associated
with such behavior.
12. Denial of Access. Alfy, for any reason and in its sole discretion,
may deny any person access to all or any part of the Service. Alfy will send an
e-mail notice to the person denied service and such e-mail shall constitute
complete and sufficient notice of the denial of service.
13. Jurisdictional Issues. We make no representation that materials on or
in the Service are appropriate or available for use in any particular location.
Those who choose to access the Service do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. Software from the Service is further subject to United States
export controls. No Software from the Service may be downloaded or otherwise
exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
14. Termination; Survival. This Agreement is effective until terminated
by either you or by us. You may terminate this Agreement at any time by
notifying us of your desire to cancel and discontinuing use of the Service and
destroying all materials obtained from the Service and all related
documentation and all copies and installations thereof, whether made under the
terms of this Agreement or otherwise. Your access to the Service may be
terminated immediately without notice from us if in our sole discretion you
fail to comply with any term or provision of this Agreement. Upon termination,
you must cease use of the Service and destroy all materials obtained from the
Service and all copies thereof, whether made under the terms of this Agreement
or otherwise. The following sections of this Agreement shall survive any
expiration or termination of this Agreement: Sections 3 through 11,13, 14 and
15, together with any other provisions of this Agreement which by their nature
are intended to survive.
15. General Provisions. This Agreement applies only to the U.S. version
of the Service. This Agreement shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity arising out
of or relating to these terms shall be filed only in the state or federal
courts located in the County and State of New York, and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and enforceability
of any remaining provisions.