Welcome to Untame Games! By registering for Untame Games (“Untame”) or using Untame services, games, software and products (the “Untame Services”), you agree to be bound by the Untame Terms of Service (“TOS”).  The TOS is comprised of the terms and conditions specified below (the “Agreement”), the Untame Privacy Policy located at http://www.untame.com/privacy.php and the rules and policies published on Untame from time to time (the “Rules”).

Agreement

TOS

This Agreement, the Privacy Policy and Rules collectively make up the Untame TOS. The TOS governs your membership to Untame and your use of the Untame Services. Certain features and services offered by Untame may contain additional terms that supplement this Agreement and will govern the use of those services.

Membership

To use the Untame Services you must have the adequate legal capacity to enter into this Agreement and you must be over the age of 13. You represent and warrant that you are at least 13 years old.

Registration

You may be required to register with Untame to use certain Untame Services.  By registering, you represent that you are giving us true, complete and current information about yourself, that you will keep this information up-to-date. Please read the Untame Privacy Policy for information regarding Untame’s information practices.  Your user name and password are personal to you and you may not allow any others to use your user name or password. We are not responsible for any harm caused or related to the theft or loss of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.  You agree to guard your password carefully, with knowledge that if you fail to keep it secure it will enable others to actions on your behalf for which you will be legally responsible.

Game Beta

The nature of a Beta version is that it is still under development and not ready for release to the general public. Therefore, Beta versions of games may potentially contain bugs and may be unstable. Untame does not warrant the performance of Beta versions in any way.

Changes to Agreement and Untame Service

Untame may change, from time to time, the terms of this Agreement or the Untame TOS in general. Untame will post a notice on the Web site of any material changes to the TOS.  By continuing to use the Untame Services, after a notice of such change has been provided, you signify your consent to the new or revised Untame TOS.

Untame may discontinue, update or change any Untame Service at any time and without notice.

Restrictions

In using the Untame Services, you may not:

1. violate rights of others including, without limitation, intellectual property rights (e.g. trademark, copyright, patent or other proprietary rights) and privacy rights;
2. initiate any conduct that would damage, disable, overburden, or impair the Untame servers or networks, or interfere with any other party's use and enjoyment of the Untame Services
3. engage in conduct that is unlawful, abusive, harassing; threatening, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or tortious; -
4. transmit or distribute material that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware
5. block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Untame Service
6. encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. use any features available on Untame to spam or otherwise send unsolicited messages to users.
8. attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means
9. violate any laws or regulations.
10. use in any way the Untame Services, for any commercial purpose and any other purpose that is not for your private personal use in good faith and as explicitly offered on the Untame Web site

You agree to indemnify Untame, its officers, agents, employees and directors for any damages incurred as a result of a violation of this section. Finally, you may not authorize or assist any third party to do any of the things described in this section.

Intellectual Property Rights

Untame (or its suppliers or licensors) owns all intellectual property in the Untame Services (including, without limitation,  all content made available on the Web site and any software, design, photographs, characters, illustrations, text, images, audio and video material, artwork, graphic material, and databases).

The Untame Services may contain or link to content provided by third parties or third party web sites. All title and intellectual property rights in and to any content which may be accessed through the Untame Services, and is not otherwise owned by Untame, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Untame owns a copyright in the selection, coordination, arrangement and enhancement of such content.
You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the Untame Services or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Untame Services without the express permission of Untame. No portion of the content on the Untame Services may be stored in a computer except for personal and non-commercial use.

Untame products referenced herein are trademarks and/or servicemarks of Untame. Other products and companies' names or marks may be the trademarks or servicemarks of their respective owners. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, servicemark, names, or logos of Untame.

If you believe that your work has been copied and is accessible on Untame in a way that constitutes copyright infringement, please contact us at copyright@untame.com.

Privacy

Untame has adopted a privacy policy that explains how Untame collects, uses, and discloses personal information in connection with your use of the Untame. You can review the current version of this policy by visiting http://www.untame.com/privacy.php. By your use of any of the Untame Services, you authorize the collection, use, and disclosure of personal information by Untame as provided for under Untame’s then-current Privacy Policy.

Links to Other Services

The Untame Services may contain features and functionalities that may link you or provide you with certain reference and functionality to third parties' Web sites or services ("Other Services"). These features and functionalities are provided by Untame only as a convenience. The Other Services are not controlled by Untame in any way and Untame is not responsible for the content of any such Other Services, or any link contained therein. The offering of these features does not imply endorsement of the Other Services by Untame. In no event shall Untame be liable to anyone for any damage arising from or occasioned by the creation or use of the Other Services or the information or material accessed through the Other Services.

Disclaimer of Warranties

THE UNTAME SERVICES AND ALL MATERIALS AND INFORMATION ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. UNTAME MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. UNTAME DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE UNTAME SERVICES OR THE MATERIALS AND INFORMATION PROVIDED THROUGH THE UNATME SERVICES.

THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE UNTAME SERVICES IS ASSUMED BY YOU.

Untame does not warrant or guarantee (1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; (2) that the information available on or through the Untame Services will not contain adult-oriented material, or material which some individuals may deem objectionable; (3) that the Untame Services and the functions or services performed by Untame will be uninterrupted or error-free; or (4) that defects in the Untame Services will be corrected.

Limited Liability

YOU FULLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL UNTAME BE LIABLE TO ANY PARTY FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE UNTAME SERVICE OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION TO, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES.

In no event will Untame 's liability with respect to this Agreement exceed the amount you paid (if you paid) to Untame.

Indemnification

You agree to defend, indemnify and hold harmless Untame all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of the Untame TOS or from the use of Untame Services or in connection with your transmission of any content on Untame Services. Untame reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Premium Services

Unless expressly stated to you by Untame, the Untame Services are provided to you free of charge. There may be extra charges to use or access certain premium or subscription content, products or services ("Premium Services") on or through the Untame Services. The Premium Services may be subject to additional terms and conditions, which will supplement this Agreement. You will need to agree to such additional terms and conditions in order to access any Premium Services.

Communications

Untame may send (i) notices about your use of the Untame Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information, to an e-mail address provided by you on or through any of the Untame Services. For more information please review the Untame Privacy Policy (available at http://www.untame.com/privacy.php ).

By using any of the Untame Services, you consent to receive legally required communications, including notices, agreements, disclosures or other information in connection with any of the Untame Services electronically from Untame.

Support

You understand that your use of the Untame Services is at your own risk and that Untame provides no assistance other than the information posted on the Untame Web site.

Termination

Untame may at any time terminate your access to the Untame Services for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of this Agreement. Untame has no obligation to provide you a warning prior to termination of your use of the Untame Services.

If you wish to terminate this Agreement you may do so at anytime by ceasing to use the Untame Services.

Construction

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Transfer of Rights

Untame may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.


Governing Law and Forum

This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of New York, excluding its conflicts-of-law rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Untame or relating in any way to your use of the Untame Services resides in the courts of Manhattan and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Manhattan in connection with any such dispute including any claim involving Untame or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.