Metamoki

Terms of Agreement
USE OF THE SITE IS VOID WHERE PROHIBITED. BY USING THE SERVICE OR THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT 18, BY USING THE SITE YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THE FOLLOWING TERMS OF USE. PARENTS AND LEGAL GUARDIANS: IF YOU HAVE NOT CONSENTED TO YOUR MINOR CHILD'S AGREEMENT TO THESE TERMS OF USE, PLEASE CONTACT METAMOKI SUPPORT AT: support [at] metamoki [dot] com. PARENTS ARE ADVISED TO EXERCISE SUPERVISION OVER THEIR CHILDREN'S ON-LINE ACTIVITIES.

This agreement (Agreement or Terms of Use) between you and Metamoki Inc. ("Metamoki") sets forth the terms and conditions which apply to the use by you of Metamoki Games (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and other interactive features or downloads (e.g., widgets) that are accessible on or downloadable through, or related to, Games and owned or operated by Metamoki (collectively, the Site) or and any other product or service offered by Metamoki for use, subscription or sale (collectively, Service). Subject to the terms and conditions below, and your acceptance of them, Metamoki agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user (Limited License). Without limiting the foregoing, you agree not to use the contents of Service for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Service to any other person unless specifically permitted by Metamoki or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder. Metamoki reserves the right to modify the license granted in this section and the restrictions described in these Terms of Use in writing on the Site, including, without limitation, by charging fees therefor and/or making certain features available through the Site that may invite you to use the Site Materials (defined below) in a manner not described in these Terms of Use. Metamoki may add, change, discontinue, remove or suspend any of the Site Materials at any time, without notice and without liability. The Site is intended for an audience that is at a minimum eighteen (18) years of age.

If you do not understand and accept these Terms of Use, do not use the Service. Your use and/or continued use of the Service will be deemed to constitute your acceptance of these Terms of Use and all of Metamoki's rules and restrictions related to the Service, as they may change from time to time.

In some instances, both these Terms of Use and any separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site (Additional Terms). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

SUMMARYPLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING MANDATORY CONSENT TO ARBITRATION OF DISPUTES. DO NOT USE THIS SITE IF YOU DO NOT AGREE.

1. Use of the Site constitutes acceptance of these Terms of Use:PLEASE NOTE: Policies and rules are subject to change without notice.

THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.

You must be at least eighteen (18) years of age to use the Site.
Content you submit is owned by you and you are responsible for all third party rights and payments. You grant us and other users the right to use and exploit your submissions.
Your use of material off-Site is limited by these Terms of Use.
You may not use the Site, or content created thereon, for commercial purposes.
Your use of the Site is AS IS, without warranty, and will result in no liability to us.
2. The following is a summary of key game play requirements and restrictions:
The activities and games on the Site or on other Service are just for you to play with while on the Site. You may not sell or otherwise transfer them to anyone without the prior written consent of Metamoki.
All Metamoki user profiles, character actions and content in or on the chat boxes and message boards are created by our users and not by Metamoki. If you post distasteful, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content, Metamoki reserves the right (but not the obligation) to delete it from the Site without notice and to freeze or close your account (there will be no refunds of previously purchased Coins (defined below). This rule also applies to inappropriate avatar names. Do not create names that are nasty, insulting, sexually explicit, racist, disrespectful of religions, intended to promote illegal acts or otherwise inappropriate. We can see your messages, so keep it clean and friendly! Do not abuse the chat functions by spamming (posting the same message many times) or using them to make party boards - this can result in warnings or a frozen account, too! Finally, if you ask for another user's password or personally identifiable information, for any reason, your account can be frozen or terminated. If you see anything inappropriate on the Site, or if anyone sends you a message that makes you uncomfortable or asks for your password, please contact Metamoki support at support [at] metamoki [dot] com.
You understand and acknowledge that Metamoki may supervise user forums and filter content sometimes, but that we don't have a duty to do this. You understand that bad people can use user forums and that user forums can be dangerous places if you do not use caution and good sense. You agree not to give out any personal information, including your password, your first and last name, your phone number, e-mail address, instant messenger screen name or other contact information and not to ask for personal information from other Metamoki Games users.
You understand and acknowledge that all purchases of virtual items sold on the Site are final and non-refundable, except, in Metamoki's sole and absolute discretion, and are a limited game play license and not a cash account or equivalent. Once you buy any virtual item sold on the Site, all sales are final. Further, Metamoki may terminate user accounts at any time with or without notice, in its sole discretion, for any reason or no reason, including if it believes that you are under the age of 18.
Do not give out your password to anyone. Metamoki will never request your password. If someone does, please contact Metamoki support at support [at] metamoki [dot] com.
3. Ownership of Intellectual Property:Unless otherwise specified in writing on the Site, all materials that are part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the look and feel of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the Site Materials) are owned, controlled or licensed by Metamoki and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the Site Materials is governed by these Terms of Use. The entire contents of the Service (including the Site Materials) are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Metamoki owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Metamoki. Third-party content providers own the copyright in content that is original to them. Mob Wars and Metamoki are trademarks and service marks of Metamoki. All rights are reserved. All other trademarks and service marks appearing on the Service are the property of their respective owners, including, in some instances, Metamoki. All rights are reserved. Use of any of our trademarks, service marks or names as metatags on other web sites is prohibited. You may not display our Service or content in frames or in-line links without express written permission from Metamoki (e-mail requests to Metamoki support at support [at] metamoki [dot] com).

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Service (including the Site Materials other than your own User Content (defined below)), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Service, except as expressly permitted herein, without the express prior written permission of Metamoki and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you will not acquire any ownership rights (including any rights to license such material) by downloading material from the Service or by purchasing any virtual goods. You can display your personal avatar on your own personal web pages for your noncommercial and personal use ONLY, as long as you write Copyright 2008 Metamoki Inc. All Rights Reserved. Used With Permission on EVERY page on which it appears and you link directly to Metamoki.

A. Virtual Items: Purchases of any virtual items sold on the Site are purchases of a limited non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in Metamoki's sole and absolute discretion, or if Metamoki discontinues providing the Service.

You agree that all purchases of virtual items sold on the Site are final. No refunds will be given, except in our sole and absolute discretion. You agree that all virtual items will be forfeited if your account is terminated for any reason, in Metamoki's sole and absolute discretion, or if Metamoki discontinues providing the services on the Site. You agree that the purchase of virtual items sold on the Site is the purchase of a limited license to a service and you have no property interest in the virtual items.

B. User Content: Metamoki does not solicit submissions, creative materials, ideas or suggestions other than those Metamoki specifically requests. Any communications or materials you transmit to Metamoki by e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary. The Site may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Metamoki and/or to or via the Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Site Materials not created by you, User Content). You agree that your User Content is wholly original with you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms of Use without Metamoki incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

You grant to Metamoki the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content and any Collaborative Content (defined below) to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Metamoki is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Site or Metamoki, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. You further perpetually and irrevocably grant Metamoki the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. You also grant to Metamoki the right to sub-license and authorize others to exercise any of the rights granted to Metamoki under these Terms of Use; and each such third party will be entitled to benefit from the rights and licenses granted to Metamoki under these Terms of Use. Without limiting the generality of the foregoing, you authorize Metamoki to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

Metamoki has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at Metamoki's cost and expense, to which you hereby consent and irrevocably appoint Metamoki as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).

Except as otherwise described in this Agreement, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You should also be aware that submissions of User Content may not be secure, and you should consider this before submitting any information to Metamoki.

You acknowledge and agree that Metamoki will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. Metamoki may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Metamoki reserves the right to treat User Content and/or Collaborative Content (defined below) on the Site, or on certain portions of the Site, as content stored at the direction of users for which Metamoki will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Metamoki's attention. Such User Content and/or Collaborative Content posted at your or other users' direction need not, however, be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content and/or Collaborative Content on the Site. You also agree and understand that Metamoki is not obligated to use User Content and/or Collaborative Content and that you will not receive any additional consideration or compensation for your User Content and/or Collaborative Content or for any exploitation thereof.

C. Usage Rules: As a user of the Site, you agree that your User Content, and your conduct on the Site will not:

include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
promote violence or describe how to perform a violent act;
violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
be in violation of the Terms of Use.
In addition, your activities on the Site and in connection with the Site Materials will not:

reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
attempt to impersonate any other party;
trick, defraud or mislead other users;
engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
disparage, tarnish, or otherwise harm, in Metamoki's opinion, Metamoki and/or the Site Materials;
violate these Terms of Use or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Metamoki on the Site;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party's uninterrupted use and enjoyment of the Site, the Site Materials, Collaborative Content or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site, the Site Materials or the User Content;
copy or adapt the object code of the Site's software, HTML, JavaScript or other code;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site;
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (gifs), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as spyware, passive collection mechanisms or pcms);
except as may be the result of standard search engine or Internet browser usage, use or launch any automated system, including, without limitation, any spider, robot (or bot), scraper or offline reader that accesses the Site or use or launch any unauthorized script;
cover or obscure any notice, banner or advertisement on the Site;
disguise the source of your User Content or other information you submit to the Site;
use tools which conceal your internet protocol address (e.g. anonymous proxy) to access the site; and/or
interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Site Materials or the User Content.
Metamoki uses certain monitoring and filtering of the Site to attempt to enforce these Terms of Use. However, objectionable content and user behavior may be found to exist and always use caution and common sense when using the Internet, especially when giving out any personally identifying information or with respect to financial information or transactions. Metamoki does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from Games and, therefore, Metamoki specifically disclaims any responsibility with regard thereto.

D. Disputes With Others: You are solely responsible for your interaction with others that you come in contact with through the Site. However, we reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release the Metamoki Parties (defined below) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

E. Additions and Changes: You agree to review these Terms of Use on at least a weekly basis to be aware of Changes (as defined herein). Our employees cannot change the terms of these Terms of Use except as posted on these Service. Metamoki has the right, at any time, to:

(i) add, change or discontinue the Site or Service, or any aspect or feature of the Site or Service, including, but not limited to, content, financial terms, availability and equipment needed for access or use;

(ii) impose, change or modify its terms and conditions applicable to your use of the Service, or any part thereof; and/or

(iii) to impose, change or modify the terms and conditions of these Terms of Use (Changes).

Any such Changes will be effective immediately upon notice by posting the Changes on Metamoki's Service or by any other method of notice Metamoki deems appropriate.

Any use of the Service by you after notice of the Changes, constitutes acceptance by you of such Changes.

F. Disclaimers; Limitations; and Waivers of Liability: YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER METAMOKI NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, METAMOKI PARTIES) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

METAMOKI MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND THE METAMOKI PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE METAMOKI PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE METAMOKI PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE METAMOKI PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL THE METAMOKI PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID METAMOKI IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

G. Monitoring/Blocking: You acknowledge that you do not rely on Metamoki to monitor or edit the Service and that the Service may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content. Please bring any inappropriate content or user behavior to our attention at:support [at] metamoki [dot] com.

H. Indemnification: You agree to defend, indemnify and hold harmless the Metamoki Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Use. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

I. Equipment:You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service and you will be responsible for all charges related thereto.

J. Governing Law/Waiver of Injunctive Relief: This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the state and federal courts located in San Francisco County, California.

You acknowledge that the rights granted and obligations made hereunder to Metamoki are of a unique and irreplaceable nature, the loss of which will irreparably harm Metamoki and which cannot be replaced by monetary damages alone so that Metamoki will be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any). You agree that any suit, action or proceeding arising out of or relating to these Terms of Use or any of the transactions contemplated herein or related to the Service or any contests or services thereon (including without limitation, statutory, equitable or tort claims) will be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association (AAA); provided, however, that notwithstanding the parties' decision to resolve any and all disputes arising under these Terms of Use through arbitration, Metamoki may bring an action in any court of applicable jurisdiction to protect its intellectual property rights or to seek to obtain injunctive relief or other equitable from a court to enforce the provisions these Terms of Use or to enforce the decision of the arbitrator. The arbitration will be held in San Francisco, California. The arbitrator will apply the substantive laws of the State of Delaware, will issue a written decision, and will have the power to award any legal remedies consistent with these Terms of Use except for punitive, exemplary or special damages. The parties will split the arbitrator's fee; provided, however, that if any court or arbitrator would find such requirement unconscionable or unenforceable, Metamoki will have the option to pay all of such fees and proceed with arbitration. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

K. Miscellaneous: Metamoki operates and controls the Site from its offices in the United States. Metamoki makes no representation that the Site is appropriate or available in other locations. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Metamoki to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States 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 any 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. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms of Use are effective until terminated by either party. Users may terminate these Terms of Use by destroying all Service-related materials (including without limitation, all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise) obtained from the Service, Metamoki or any other web site or source. The privileges granted to you under these Terms of Use will terminate immediately and automatically without notice from Metamoki if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use to any party at any time without any notice to you. These Terms of Use may not be assigned by you without Metamoki's prior written consent. These Terms of Use contain the entire understanding of you and Metamoki, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Site by Metamoki. If any provision of these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and will not be given any legal import. Upon Metamoki's request, you will furnish Metamoki any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Metamoki by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

L. Complaints or Notices: Metamoki takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material that is or was on our Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact Metamoki support at support [at] metamoki [dot] com.