Terms and Conditions

Last Updated on December 23, 2008

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 Terms of Use (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 you may not use, 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 or notified to you as provided in Section 2. If you continue to use the Service after changes to this Agreement have been posted on the Service, you are agreeing to those changes.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.

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. 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; 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. Note that this does not apply to Game Materials, which are governed by terms described in Section 5 below.

FULL VERSION

1. Registrations. You are not required to register in order to use the Service. However, participation in certain activities on the Service do require registration. If you 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 posting or receipt of other 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 Service may enable users to earn and accumulate points. Points may be used to enter sweepstakes or contests or for other purposes on the Service, 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 Service and/or to cease proving opportunities to use the points you may have earned on the Service, in each case with out any compensation, liability or further obligation to you.

 

4. 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 and other materials posted by user or posted under that user's account (collectively, “Postings”). If you participate in any Common Area within the Service, your Postings 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; infringe and/or violate any right of a third party or any law; include 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; include any software or other materials which contain a virus or other harmful component; include material or 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 Postings from any Common Area at any time and for any reason.

By uploading Postings to any Common Area or submitting any Postings 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. The foregoing grant of rights does not apply to any Game Materials which are governed by Section 5 below.

We are pleased to hear from our users and welcome your comments, suggestions or other ideas regarding the Service (“User Suggestions”). However, the User Suggestions shall be deemed, and shall remain, property of Alfy. None of the User Suggestions 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 Suggestions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the User Suggestions of every kind and nature throughout the universe and shall be entitled to unrestricted use of (without any obligations to use) the User Suggestions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Suggestions.

5. Game Uploads We may provide users with the ability to upload their own games and related materials onto the Services for download and use by other users (“Game Materials”). The rights granted by the user posting a Submitted Game will be governed by a separate Submission Agreement.

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 sites 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. We strongly encourage you to make whatever investigation you feel necessary or appropriate before visiting any third party sites linked to from the Service and before proceeding with any transactions on such sites. 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. 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.

9. 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. To be effective, the notification must be a written communication that includes the following:

1.       A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.       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;

3.       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;

4.       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;

5.       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;

6.       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 391 Broadway, 5th Floor New York, NY 10013

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 SOFTWARE, DATA OR OTHER MATERIALS CONTAINED ON OR OFFERED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION POSTINGS AND SUBMITTED GAMES (THE “SERVICE CONTENT”) 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 THE SERVICE CONTENT. WE DO NOT WARRANT THAT THE SERVICE, SERVICE CONTENT OR THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVICE CONTENT 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 Service Content accessed,  downloaded or otherwise obtained through the Service is at your own risk and that you will be solely responsible for any damage to computer systems, loss of data or any other loss or damage that results from such activities .

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 SERVICE CONTENT. 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 THE 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 may deny any person access to all or any part of the Service, for any reason, in its sole discretion, and with or without notice.

13. Jurisdictional Issues. We make no representation that the Service or any Service Content is 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 to all users (wherever located) of 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.