The terms and conditions ('the Terms') for use of the Jolly Bear Games. ('Jolly Bear') website ('this Website') contained herein constitute the agreement between you ('the User') and Jolly Bear. The use of this Website is conditional upon your acceptance without modification of the Terms. Your use of this Website constitutes your unconditional acceptance of the Terms. If you do not agree to the Terms, do not use this Website.
GENERAL USE RESTRICTIONS
All information, documents, products, software, and services ('Materials') provided on this Website are the copyrighted work of Jolly Bear. The User may not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any of the Materials. No part of this Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way.
This Website is controlled and operated by Jolly Bear from within the United States of America. Jolly Bear makes no representation that the Materials in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The User acknowledges and agrees that the Materials may be subject to applicable export control laws and regulations of the United States of America. The User agrees not to export or re-export the Materials, directly or indirectly, to any countries that are subject to the United States of America export restrictions.
LINKS TO THIRD PARTY WEBSITES
This Website may contain links to websites operated by parties other than Jolly Bear. Such links are provided for the convenience of the User only and Jolly Bear is not responsible for their content. Inclusion of these links to such websites does not imply any endorsement of the material on such websites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of use of this Website, the User warrants to Jolly Bear that he/she will not use this Website for any purpose that is unlawful or prohibited by the Terms.
CAUTION: ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, JOLLY BEAR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
Any Materials provided by the User in connection with this Website shall be deemed to be provided on a non-proprietary and non-confidential basis. The User grants Jolly Bear permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such Materials. Further, Jolly Bear shall be free to use any ideas, concepts, know-how or techniques contained in such Materials for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. The User acknowledges that they have full responsibility for the Materials that they submit, including their legality, reliability, appropriateness, originality and copyright.
In consideration of Jolly Bear's continuing efforts to enhance and improve this Website and its content and to respond to feedback from users, you agree to transfer such Materials to Jolly Bear without any compensation. You agree to execute any and all documents that Jolly Bear may reasonably request in connection with confirming Jolly Bear's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website (the 'Software') is the copyrighted work of Jolly Bear and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the 'License Agreement'). The User may not install or use any Software that is accompanied by or includes a License Agreement unless he/she first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, Jolly Bear hereby grants the User, a non-exclusive, non-transferable and non-sublicenseable license to use the Software for personal, non-commercial home use only, and for no other purpose. The User may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software.
THE SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
DISCLAIMER OF WARRANTY
THE MATERIALS ON THIS WEBSITE ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. JOLLY BEAR MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, RELIABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE.
JOLLY BEAR, DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE MATERIALS ON THIS WEBSITE. JOLLY BEAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT JOLLY BEAR) ASSUME THE RISK AND ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
LIMITATION OF LIABILITY
This Website could include inaccuracies or typographical errors. Jolly Bear and the Third Party Providers may make improvements and/or changes to the Materials on this Website at any time without notice. Changes are periodically made to this Website. Advice received via this Website should not be relied upon for personal, medical, legal or financial decisions and the User should consult an appropriate professional for specific advice tailored to their situation.
IN NO EVENT SHALL JOLLY BEAR AND/OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY MATERIALS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JOLLY BEAR OR ANY OF ITS THIRD PARTY PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Contact our Support Department with any questions relating to this Website.
This agreement is effective unless and until terminated by Jolly Bear. Jolly Bear may terminate this agreement at any time and without notice, and accordingly deny you access to this Website, in Jolly Bear's sole discretion for any reason, including your failure to comply with any of the Terms of this agreement. Upon any termination of this agreement, you must refrain from any further use of any Jolly Bear or third party intellectual property obtained through this Website and promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of this agreement or otherwise.
Copyright © 2004-2005 Jolly Bear Games, Inc. All rights reserved.
Any action related to these Terms will be governed exclusively by California law and controlling United States of America federal law. No choice of law rules of any jurisdiction will apply. Use of this Website is unauthorized in any jurisdiction that does not give effect to all the provisions of these Terms, including without limitation this paragraph. These Terms represent the entire agreement relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional, communications. Part or all of any provision of these Terms that is invalid or unenforceable will be severed from these Terms and the remaining provisions of these Terms continue in force. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Jolly Bear can revise these Terms at any time without notice by updating this posting.