PlayRozz Terms and Conditions
PlayRozz Terms and Conditions Version 1.1 Sengin Technologies, Inc. (hereafter "Sengin") provides PlayRozz, an online Rozz server, as a service to users who agree to abide by the following terms and conditions. Sengin reserves the right to change the nature of this relationship at any time and for any reason. Users are responsible for keeping up with any changes to these terms and conditions, which are available from the "home" menu under "Terms and Conditions" at playrozz.com. Any user who violates the terms and/or conditions of this Agreement may have his/her PlayRozz account cancelled, and/or may be permanently banned from using PlayRozz, at the discretion of the PlayRozz Administrator and/or Sengin managing personnel. BY SIGNING UP AS A MEMBER AND/OR COMPLETING THE VALIDATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The term "PlayRozz" refers to any server-side support for playing Rozz online, through a mobile device or via the website at playrozz.com. The PlayRozz Service (hereafter "Service"), owned and operated by Sengin, is provided to you ("User") under the terms and conditions of this agreement and any operating rules or policies that may be published by Sengin regarding PlayRozz. The agreement comprises the entire agreement between User and Sengin and supersedes all prior agreements between the parties regarding the subject matter contained herein. DESCRIPTION OF SERVICE Sengin is providing the User with an online service for playing Rozz against other players, via web browser or mobile device. The User must: (1) provide all equipment necessary to establish a connection to the World Wide Web; (2) provide for the User's own access to the World Wide Web associated with such access; (3) if connecting through the website, provide all compatible software, including (but not limited to) operating system, web browser and Java run-time environment, necessary for interacting on the PlayRozz website. Information requested on original sign up shall be referred to as registration data ("Registration Data"). Sengin will not disclose Registration Data in accordance with the Security and Privacy Policy section of this Agreement. CHANGES TO TERMS OF SERVICE Sengin may change these terms and conditions. Upon any change in these terms and conditions, Sengin will notify you by email or by posting the changes as a system message. User's continued use of the Service constitutes an agreement by the User to abide and be bound by these terms and conditions and modifications. CHANGES TO SERVICE Sengin will endeavour to maintain and improve this service indefinitely. Sengin reserves the right to modify or discontinue the Service with or without notice to the User. Sengin shall not be liable to the User or any third party should Sengin exercise its right to modify or discontinue the Service. SECURITY AND PRIVACY POLICY To comply with the Children's Online Privacy Protection Act (COPPA), this service is only available to users who are at least 13 years old. If you are under 13, please do not use this service. Please also read our detailed Privacy Policy which details the use of cookies, database technology, Email addresses, and other information collected from our users. All Users 16 or under must comply with our child privacy policy. This instructs you that if you are under 13, you cannot make use of this service. It also instructs you that if you are between 13 and 16 inclusive, that you must get your parent/guardian's permission beforehand whenever you provide personal information through the PlayRozz website. Users without this consent are not allowed to provide us with personal information. It is Sengin's policy to respect the privacy of its Users. Sengin will not disclose any User information unless: (1) The User expressly directs Sengin or any other person The User may specifically designate to disclose such information through the Service as provided by the Service or (2) Sengin is required to disclose such information by any applicable law or legal process served on Sengin Sengin as a matter of policy does not prescreen or monitor any information or communications; however, Sengin has the right, but not the responsibility, to remove any information or dialogue which is deemed in Sengin's sole discretion harmful, offensive, immoral, unethical or otherwise in violation of any rules Sengin has in place at the time. Furthermore, Sengin will not disclose the contents of a User's communications through the private communications via the Service unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Sengin; (2) protect and defend the rights or property of Sengin; (3) act under exigent circumstances to protect the personal safety of its members or the public; or (4) when requested by User to resolve communications issues. The User acknowledges and agrees that Sengin neither endorses the contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising from or any crime facilitated thereby. The User acknowledges and agrees that, due to circumstances beyond Sengin's control, it may be impossible to maintain the absolute confidentiality of private messages written via the Service. Sengin assumes no liability for loss or damage resulting from a breach of said confidentiality. However, it is the policy of Sengin not to monitor, edit or disclose the contents of private messages other than (1) what is technically necessary to process those messages, or (2) in accordance with this section. The User acknowledges and agrees that certain technical processing of messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. Sengin will not be liable for disclosure in the event of a technical fault or human error. MEMBER ACCOUNT, PASSWORD, AND SECURITY As a guest or full member of the Service, the User is entirely responsible for maintaining the confidentiality of any passwords and accounts held by the User at PlayRozz.com. The User is entirely responsible for any and all activities which occur under his/her account. The User agrees to immediately notify Sengin of any unauthorized use of User's account or any other breach of security known to User. Sengin will only discuss this account via the validated email address registered with the account. Requests for information or action from other email accounts will be declined. ROZZ TOKENS Virtual "tokens" as used on PlayRozz have no redeemable monetary value and are intended for amusement purposes only. DISCLAIMER OF WARRANTIES USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SENGIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SENGIN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SENGIN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SENGIN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM SENGIN OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY SENGIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SENGIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RESALE OR COMMERCIAL USE OF THE SERVICE User agrees not to resell or make any commercial use of the Service, without the express consent of Sengin. GAME AND MESSAGE STORAGE AND OTHER LIMITATIONS Sengin assumes no responsibility for the deletion of or failure to store games, messages, or any other information on the site. Sengin makes no guarantee that the service will be available at any given time. MEMBER CONDUCT User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User's conduct is subject to Internet regulations, policies and procedures. User will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. User will not use the site for commercial purposes such as advertising of other sites. User will not communicate advertising of any sort in messages to the forum or other messages, without prior written permission of the PlayRozz Administrator and/or Sengin managing personnel. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. User shall not harass the PlayRozz Administrator, other site administrators, other users, and/or Sengin personnel. Harassment may lead to an official warning and/or account termination, as determined and at the discretion of the PlayRozz Administrator and/or Sengin managing personnel. Sengin may, at its sole discretion, immediately terminate Service should User's conduct fail to conform with these terms and conditions. INDEMNIFICATION User agrees to indemnify and hold Sengin, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this agreement by The User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity. TERMINATION Either User or Sengin may terminate the User's Account at any time and for any reason. Once a User's Account is terminated, that User may not access PlayRozz in any manner or for any reason without the consent of Sengin. PROPRIETARY RIGHTS TO CONTENT User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics, the Rozz game and concept, or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to the User by the Service ("Content") by Sengin or Sengin's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser. REFUNDS The User accepts that refunds will only be given at the sole discretion of Sengin. LAWS This Agreement shall be governed by and construed in accordance with U.S. and NH state law, and the User agrees to submit to the personal jurisdiction of NH, U.S. for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. Rozz™ game, concepts, and PlayRozz™ website are copyright © 2005-2013 by Sengin Technologies, Inc. All rights reserved. "Sengin" is a trademark of Sengin Technologies, Inc.
