Last updated October 18, 2010
AGREEMENT AND SERVICES
Jenkat Media, Inc., referred to herein as Jenkat ("Jenkat"), is composed of the JenkatGames Website (www.jenkatgames.com), Jenkat Media Website (www.jenkatmedia.com), BreakPlay Website (www.breakplay.com), GameHug Website (www.gamehug.com), and any other Website, product, or service owned or operated by Jenkat. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers games, activities, and services including, but not limited to, game downloads, online games, game purchases, game management utilities, contests, chat services, message boards, video streaming, affiliate programs, game review writing, email and newsletter tools, other assorted affiliate and social networking services, and general game content browsing.
If you violate our Terms of Service, JENKAT may issue you a warning regarding the violation, or, in JENKAT's sole discretion, immediately terminate any and all Accounts that you have established with the company. You acknowledge that JENKAT is not required to provide you notice before terminating your Account. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.
THESE TERMS IN CONJUNCTION WITH OTHER OFFERS
The Terms of Service and any posted rules or instructions regarding a particular game, activity, affiliation service, contest, or sweepstakes constitutes the entire agreement between you and JENKAT regarding your rights and obligations in your use of any JENKAT property. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a JENKAT property, the company will resolve the conflict within its sole discretion.
Accounts ("Account" or "Accounts") as used herein is defined as the account that results from registering for any service with JENKAT. When you complete a registration process, you create an Account and you become a Member ("Member"). Your Account allows you to participate in specific services on JENKAT. To create an account, you must enter an email, username and password. Your email and/or username is your JENKAT identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts. JENKAT requires all users registering accounts to indicate that they are over 18.
JENKAT reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company's discretion. You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. JENKAT will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. You agree to indemnify and hold JENKAT harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join JENKAT again without our express permission.
"Content" is defined herein as the software, communications, images, sounds, and all the material and information you encounter through JENKAT. JENKAT, our affiliates, and our independent content providers provide most of the Content on JENKAT. JENKAT does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on JENKAT.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for JENKAT. Content standards may vary depending on where you are on JENKAT, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If it is inappropriate in the workplace, don't post it on our message boards or chat rooms. JENKAT representatives may monitor your communications on JENKAT. But we cannot monitor all of the Content on JENKAT, and we do not attempt to do so. If you encounter something you don't want to see, you can report it to the game support or complaint email address for the area in which the incident occurred. JENKAT does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. JENKAT does not assume any responsibility or liability for Content that is generated by users or other guests on JENKAT. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. JENKAT does not assume any liability for any failure to remove, or any delay in removing Content.
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on JENKAT. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of JENKAT and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of JENKAT and for all of your communication and activity in using the Service, including any Content you contribute, and that you will indemnify and hold harmless JENKAT, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on JENKAT, including any Content that you contribute.
You will violate the Terms of Service if you (or others using your account) do any of the following:
- - Post, transmit, promote, or distribute Content that is illegal.
- - Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: do not say bad things about them, do not send them unwanted messages, do not attack their race, gender, sexual orientation, religion, heritage, disability, etc. If you disagree with someone, respond to the subject, not the person.
- - Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- - Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- - Impersonate another person (including celebrities), indicate that you are a JENKAT employee or a representative of JENKAT, or attempt to mislead users by indicating that you represent JENKAT or any of JENKAT'S partners or affiliates.
- - Attempt to get a password, other account information, or other private information from a user or any other user on JENKAT. Remember: JENKAT employees will NEVER ask for your password. Do not give your password, reminder words, or billing information out to anyone.
- - Upload any software or Content that you do not own or have the legal right to freely distribute.
- - Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- - Upload files that contain a virus or corrupted data.
- - Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.
- - Improperly use in game support or complaint buttons or make false reports to JENKAT staff members.
- - Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- - You may not modify any part of the Service or any Service Website that JENKAT does not specifically authorize you to modify.
- - You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
- - You may not post or communicate any player's real-world personal information within the Service or through any Service Website or any service bulletin board.
- - You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
- - You will not exploit any bug in the Service or in any JENKAT product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
- - You will not do anything that interferes with the ability of other Service users to enjoy playing a JENKAT game and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of JENKAT in maintaining the Service for the enjoyment of all its users.
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them.
JENKAT does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your JENKAT game. This includes the exchange of points or virtual items on services including eBayTM or Yahoo!TM Auctions. We don't assume any responsibility for, and do not support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES!
THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, JENKAT MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT JENKAT MAY HAVE MADE.
Public Nature of Communications
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. JENKAT is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users.
By communicating within the Service, i.e. by submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant JENKAT permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Once you post or send any Content to JENKAT, you expressly grant JENKAT the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in JENKAT'S discretion, and without any notice or compensation to you of any kind.
By submitting a Posting, you agree to defend, indemnify and hold JENKAT, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
Commercial Activity and Unsolicited E-mail
You may not advertise any goods or services on JENKAT. Chain letters and pyramid schemes are expressly prohibited. You may not use any area of JENKAT to collect information, including login names, about JENKAT users, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit JENKAT, or any games or services offered on JENKAT for any commercial purpose. Any violation of these provisions can subject your JENKAT account(s) to immediate termination (or result in revocation of guest status, if you are a guest) and to further legal action.
Use of Machines, Computers, Scripts
The use of machines, computers, scripts or any automated system on JENKAT is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play JENKAT games with one type, version or copy of browsing software application at any one time. JENKAT may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by JENKAT are final.
Proprietary Rights; Copyrights and Trademarks
Much of the Content available on JENKAT is owned by JENKAT or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from JENKAT unless we have expressly authorized you to do so in writing.
You must have the legal right to upload any Content to JENKAT before you do so in writing. You will not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on JENKAT, unless JENKAT expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on JENKAT can lead to the termination of your JENKAT account(s) (or revocation of guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on JENKAT, you agree to indemnify and hold harmless JENKAT and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Export Control Laws
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or JENKAT Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to JENKAT any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
User's Computer Information
Links to Third-Party Sites
JENKAT may include hyperlinks to Websites operated by parties other than JENKAT including advertisers and other content providers. Those sites may collect data or solicit personal information from you. JENKAT does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Additional Terms and Conditions for Specific Games
When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, JENKAT will be the final and sole arbiter of any such inconsistencies.
JENKAT may require that you download software from JENKAT or its licensors onto your computer ("JENKAT Software"). JENKAT grants to you a non-exclusive, non-transferable, revocable, limited license to use JENKAT Software to play games on our Service. You may not sub-license, or charge others to use or access JENKAT Software. You may not use JENKAT Software for any purpose other than that contained within the license granted to you. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from JENKAT Software. You may not modify JENKAT Software or use it in any way not expressly authorized in writing by JENKAT. You understand that JENKAT'S introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by JENKAT may vary depending on your computer and other equipment.
Software (games) are typically limited to two (2) re-activations per purchase.
NEITHER JENKAT NOR ITS LICENSORS ARE LIABLE IN CONNECTION WITH YOUR USE OF THE JENKAT SOFTWARE FOR ANY DAMAGES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
JENKAT Software may be subject to United States export controls. By downloading JENKAT Software from JENKAT, you warrant that you are not located in any country, or exporting JENKAT Software to any person or place, to which the United States has embargoed goods.
TERMINATION OF ANY JENKAT ACCOUNT
JENKAT and you both have the right to terminate or cancel any account at any time for any reason. You understand and agree that the cancellation of your account or a particular Account is your sole right and remedy with respect to any dispute with JENKAT. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or JENKAT'S enforcement or application of this Agreement; (2) the Content available through JENKAT or any change in Content provided through JENKAT; (3) your ability to access and/or use JENKAT; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
JENKAT reserves the right to collect fees, surcharges or costs incurred before you cancel your account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your account or a particular subscription is terminated or cancelled, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything within JENKAT associated with it (such as points, tokens or in-game items). Active JENKAT account holders may not allow former account holders whose account has been terminated by JENKAT to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with JENKAT must be settled before JENKAT may allow you to register again.
NEWSLETTERS, CONTESTS & SWEEPSTAKES
You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.
Closed Beta Tests:
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you will use all reasonable efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to JENKAT, and JENKAT is entitled to, in addition to any other remedies available to it, ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until JENKAT publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
All Beta Tests (Closed and Open):
1. As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
2. When playing some beta games, you may accumulate tokens, experience points, badges, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
3. By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) JENKAT has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) JENKAT'S Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
4. Beta Test accounts are non-transferable under any circumstances.
5. As a beta tester, you agree that JENKAT is under no obligation whatsoever to compensate you in any way for your participation.
By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. JENKAT provides rules of participation for certain activities on this site including, without limitation, contests and sweepstakes by JENKAT and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate or are automatically entered into shall govern.
LIMITATIONS ON WARRANTY AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF JENKAT, JENKAT SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. JENKAT, JENKAT SOFTWARE, JENKAT'S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. JENKAT PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT JENKAT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH JENKAT OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT JENKAT, ITS SUBSIDIARIES, LICENSORS, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF JENKAT SOFTWARE. IN NO CASE SHALL JENKAT OR ITS SUBSIDIARIES', LICENSORS', SUPPLIERS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "JENKAT AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO JENKAT FOR THE SERVICE. IN NO CASE SHALL JENKAT OR JENKAT AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF JENKAT, JENKAT SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH JENKAT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JENKAT'S AND JENKAT AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. JENKAT DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH JENKAT AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon request by JENKAT, you agree to defend, indemnify and hold harmless JENKAT and its affiliates, subsidiaries, employees, contractors, suppliers, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on JENKAT. JENKAT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to JENKAT in that matter. This Section shall survive termination of this Agreement.
OTHER LEGAL TERMS
The laws of the State of Minnesota, excluding its conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and memberships. You expressly agree that exclusive jurisdiction for any claim or dispute with JENKAT or relating in any way to your Accounts, the Services and memberships or your use of JENKAT resides in the courts of Minnesota, county of Washington and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Minnesota in connection with any such dispute including any claim involving JENKAT or its affiliates, subsidiaries, employees, contractors, suppliers, officers, directors, vendors and content providers.