TERMS AND CONDITIONS

Last modified: January 15, 2013

By viewing or accessing this website, and/or using POG network games, software, applications, products or services You expressly agree to the following Terms and Conditions detailed below. POG.com and its network of websites is a product of Web Entertainment Limited (hereafter referred as “WEL” and any second-person pronoun)

These terms of use (hereafter referred to as, "Terms of Use", “Terms” or “Agreement”) govern Your use Our websites, all the web pages that are part thereof, and all content, software, and services offered thereon (hereafter collectively referred to as the "Websites").

By using of  Our Websites, You agree to these as well as receiving the required notices and to transact with Us via computer. If You do not agree with these, We advise You not to use Our Websites.

  1. CHANGES TO THE TERMS OF USE

We may change these Terms of Use at any time. You are responsible for checking periodically for changes to these Terms. The mention of the terms “Last modified” followed by a date, shall help You in noticing changes to these Terms. If You continue to use the Websites after We post changes to these Terms of Use, You are signifying Your acceptance of the new Terms.

  1. ADDITIONAL TERMS

Certain areas of the Websites, such as sites where You can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on the Websites, You agree to comply with such guidelines and rules.

  1. ELECTRONIC-DELIVERY POLICY & YOUR CONSENT

You agree that We may electronically provide to  You required notices, agreements, and other information concerning the Websites. If You no longer agree to receive notices electronically, please cease using the Websites.

  1. REGISTRATIONS AND LOGINS

To access the Website or use the services, You do not need to register. If You want a more personalized experience, in particular if You want to write a comment, bookmark games, or save Your high scores and rankings, You should create a user profile by providing an email address.

If You register to become a “Member” and create an account (“Account”) directly via the Website, You will be asked to provide certain information and to establish a username and password. Logging and registration is now solely possible through the use of the third party login system Y8 Account. For Members who are already registered and have an Account on POG or any of Our Website: You agree and consent to the migration of Your account to an Y8 Account account and Y8 Account identity linked to Our Website.

By registering via Your Y8 Account identity linked to Our Website, You authorize Us to access Your Y8 Account identity linked to Our Website information on Your behalf.

  1. PRIVACY POLICY

We designed Our Privacy Policy to make important disclosures about Our privacy practices regarding any personal data You may provide to Us or that We receive from You. For all questions about how We use the information We obtain through Your use of the Website, please visit Our Privacy Policy at https://it.pog.com/privacy  

  1. CHANGES TO THE WEBSITES

We may discontinue or change any service or feature on the Websites at any time and without notice.

  1. ACCESS COSTS

You must provide, at Your own expense, the equipment and Internet connections that You will need to access and use the Websites. If You access the Websites through a telephone line, please call Your local phone company to determine if the access numbers You select are subject to long-distance or other toll charges at Your location. Also, if You access the Websites through wireless applications (e.g., cell phones), Your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with Your carrier to verify whether any such fees apply to You. You are solely responsible for any costs You incur to access the Websites through any wireless or other communication service.

  1. YOUR RESPONSIBILITIES

You may use the Websites for lawful purposes only. You may not submit or transmit through the Websites any information, content, or material or otherwise engage in any conduct that:

  1. violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
  2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. impersonates any person, business, or entity, including WEL and its employees and agents;
  5. contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
  6. encourages conduct that would constitute a criminal offense or give rise to civil liability;
  7. violates these Terms of Use, guidelines, or any policy posted on the Websites; or
  8. interferes with the use of the Websites by others.

You may not use our Websites:

  1. for Your own commercial gain;
  2. to offer any form of advertising or promotion without our prior written consent; or
  3. to provide any false personal information or any information, content, or material on account of anyone other than Yourself without permission.

By using our Websites, You agree:

  1. to abide to these Terms of Use;
  2. to keep Your contact information accurate and up-to-date; and
  3. not to share or transfer Your password without our consent.

You may not use the Websites in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party's use and enjoyment of the Websites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use.

You may not use the Websites or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Websites to violate the terms of this section. We may terminate Your access or use of the Websites immediately and take other legal action if You, or anyone using Your access to the Websites, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

Any information, content, or material You have created and submitted or transmitted through the Websites and that is covered by intellectual property rights (or similar rights) shall be licensed to us as a nonexclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license, and we are entitled to use such intellectual property on or in connection with the Websites or any other medium. Except in the case where we have signed an exclusive agreement with your party.

When you provide information, content, or material and use the public privacy setting, it means that every visitor to the Websites will have access to such information, and that we have no control over that information or what visitors do with it.

We reserve the right to remove any of your information, content, or material from the Websites if it violates these Terms of Use.

If you select a username, we reserve the right to remove or reclaim it if we believe it is appropriate to do so.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WEL OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEL’S WEB SITES, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF WEL’S WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.

  1. AGE RESRICTIONS

The POG network websites or its services are not intended for persons under 13 years of age. By accessing or using the services, You represent and warrant that You are 13 or older.

In addition, parents and guardians of children over the age of thirteen should be aware that the Website and services are designed to appeal to a broad audience.

Accordingly, it is the parents’ or guardians’, of said-children, responsibility to determine whether any portion of the Website or services is inappropriate for their child. Moreover, any person allowing under 13 years old to access the POG network websites or services, with its computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that shall assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER WEL, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. LINKS

The Website may include links to other websites or resources. Since We have no control over such websites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. Our Terms and Privacy Policy do not apply to Your use of those other websites and resources.  

We cannot guarantee the completeness or accuracy of the websites or URLs to which Website's Services link or refer. The process of including websites in the Website’s Services is largely automatic. WEL does not screen the websites included in the services, and these other websites are maintained by persons over whom We exercise no control.

For these reasons, You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.  

  1. ADVERTISMENTS

WEL accepts no responsibility for any third party advertisements that may appear on WEL websites.

  1. Disclaimer Regarding Third Party Games, Applications or services

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA WEL POG NETWORK WEBSITES, SUCH AS BUT NOT LIMITED TO GAME IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY WEL. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF.

RuneScape is owned and operated by Jagex Inc. from Jagex Inc. servers. Club Penguin is owned and operated by Disney Online Studios. Puzzle Pirates is owned and operated by Three Rings Design Inc. from Three Rings Design Inc. servers. Third party product, games or services may have additional terms and conditions associated with them.

  1. USER RULES

Users may be banned or accounts suspended or terminated on the entire POG network websites or any game available on the websites if users use inappropriate language or inappropriate behavior as determined by WEL. Inappropriate language and/or inappropriate behavior is not allowed on WEL POG network websites. WEL is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.

You agree not to do any of the following:

  1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, You must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
  3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
  4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
  5. Impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity;
  6. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
  7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that You do not own or have express permission to modify;
  8. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by WEL.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a WEL POG network websites or services in violation of the law.

  1. INDEMNITY

You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney’ fee, made by any third party due to or arising out of the content You submit, post, transmit, make available through the services, Your connection to the services, Your violation of the Terms, or Your violation of any rights of another.

  1. JURISDICTIONS

The laws of the city-state of Hong Kong govern this Agreement and Your access to and use of information from the Website and the Services, without giving effect to conflict of laws provisions. The courts of the city-state of Hong Kong have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this Agreement unless Web Entertainment Limited wishes to initiate legal proceedings in Your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.