Terms of Service

These Terms of Service, which include and hereby incorporate the Privacy Policy at http://www.izelis.com/privacy ("Terms") are a legal agreement between Izelis Inc. and its related companies ("Izelis" or "we") and you ("you"). By using or accessing (a) the website located at http://www.izelis.com (the "Site") or (b) any Izelis game or application ((a) and (b) collectively, the "Service") you agree that you have read, understood and agree to be bound by this agreement ("Agreement") for all uses by you of the Service. If you do not agree to be bound by this Agreement please do not access or use any part of the Service. Izelis reserves the right to make changes to this Agreement at any time. Continued use of any part of the Service constitutes your acceptance of such changes. Accordingly, you should review this Agreement from time to time to become familiar with such changes.


Rights To Use

Subject to your compliance with these Terms, Izelis grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.

You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Izelis or its licensors, except for the permissions and rights expressly granted in these Terms.

You acknowledge that the time that you spend on the Service or the Site is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating Service content such as game items, points, medals or other digital and/or virtual objects.

We reserve the right, at any time, to modify, suspend, or discontinue the Site, the Service, or any part thereof with or without notice. You agree that Izelis will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or the Service.

You acknowledge that Izelis may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Izelis' servers on your behalf. You agree that Izelis has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Izelis reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Izelis reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Ownership

All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for “User Content” (as defined below), collectively referred to as the “Service Materials”, are, as between Izelis and you, owned by Izelis and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

You acknowledge and agree that the Service Materials are protected by law from unauthorized use under the United States copyright laws and/or similar laws of other jurisdictions.

You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without Izelis' express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from Izelis. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by Izelis, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Izelis and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

User Generated Content

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you or other users (hereinafter "User Content") are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Izelis. All User Content is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Izelis is not responsible for any files users upload, post, or otherwise make available. Izelis may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Izelis application. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Izelis will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.

User Content is not confidential and will not be returned to the user.

You represent and warrant that User Content you transmit or submit is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Izelis incurring any third party obligations or liability arising out of its exercise of such rights and licenses.

You hereby grant to Izelis a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in User Content.

Izelis reserves the right to remove and permanently delete any User Content from the Service with or without notice for any reason or no reason. You may notify Izelis of any User Content that you believe violates these Terms, or other inappropriate user behavior, by emailing

Virtual Currencies and Goods

The Service may include an opportunity to purchase virtual currency ("Virtual Currency") or virtual goods (“Virtual Goods”) that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in Izelis' sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors.

Izelis retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. Izelis shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Izelis. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.


Disclaimers, exclusions and limitations

IZELIS PROVIDES THE SERVICE ON AN “AS IS” BASIS. IZELIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (ii) WILL BE FREE OF BUGS, INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, OR (iv) WILL BE ACCURATE OR RELIABLE. IZELIS HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT.

ANY THIRD-PARTY LINKS, SERVICES, RESOURCES AND INFORMATION THAT IZELIS PROVIDES ON OR MAKES AVAILABLE THROUGH THE SERVICE ARE NOT CONTROLLED BY IZELIS. ACCORDINGLY, IZELIS MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.

Indemnity and Release

You agree to release, indemnify and hold Izelis and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this Agreement or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IZELIS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IZELIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL IZELIS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IZELIS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

User Dispute

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Izelis hereby disclaims any and all liability to you or any third party relating to your use of the Service. Izelis reserves the right, but has no obligation, to manage disputes between you and other users of the Service.

Your Conduct and Obligations

1 You must use the Service in a manner that demonstrates good taste and respect for the rights of Izelis, its members and third parties.

2 You will not make unsolicited or inappropriate offers, advertisements or proposals for goods, services or other commercial activities outside of Izelis, or send junk mail or chain letters to other users.

3 You will not create more than one account. Multiple accounts for the same person may result in removal of all accounts created by that person.

4 You will not imitate or impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity.

5 You will not use, develop or distribute any robot (or “bot”), spider, unauthorized script (including page "reloaders"), unauthorized scraper or offline reader, nor any other cheat utility or like software, on the Service; buy, sell or trade Izelis virtual assets for non-Izelis items (including cash) or vice versa; or attempt to hack or scam other users or user accounts.

6 You will not attempt interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

7 You are solely responsible for all comments, information, data, text, software, music, sound, photographs, graphics, video, messages or other User Content that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Izelis. Izelis reserves the right to investigate and take appropriate legal action against anyone who, in Izelis' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to post, email or otherwise transmit any content that: (i) is unlawful, harmful, threatening, abusive, bullying, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vi) in the sole judgment of Izelis, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Izelis or its users to any harm or liability of any type.

Contacting Us

If you have any questions, comments, or concers regarding our Terms of Service, please contact us at