THESE TERMS AND CONDITIONS OF USE MUST BE READ CAREFULLY BEFORE USING THIS SITE IN ANY WAY,
INCLUDING WITHOUT LIMITATION, PLAYING GAMES, JOINING THE CLUB, SETTING UP A USER ACCOUNT, VISITING, ENTERING A CONTEST,
UPLOADING, CREATING OR DOWNLOADING CONTENT.
Clicking "I Agree" constitutes your agreement to these terms and condition of use, which form a
account, and use this site only as a visitor, in which case, among other things, you cannot upload or create content,
keep your personal scores, enter a contest or win prizes.
These terms and conditions also apply to a user account that has already been set up. Persons with an existing user account must also read the terms and conditions carefully. Continued use of this site in any way constitutes your agreement to these terms and conditions of use, which form a binding legal contract.
Gogo's Crazy Bones reserves the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. These terms and conditions must be checked on the GoGo's Crazy Bones website periodically for changes. Your continued use of any of the GoGo's Crazy Bones websites following the posting of changes to these terms will mean you accept those changes.
All software, documentation, and any content accessed through the software you are about to use (the "Software") and any material whatsoever on our websites (the "Sites") and any links from the Sites (the "Links") are protected by international and domestic laws, including copyright-intellectual property laws and treaties. GoGo's Crazy Bones™, its owners, affiliates and any subsidiary companies, and its licensors ("GoGo's Crazy Bones") own all right, title and interest to the Software and the Sites. Except for the specific rights granted to you in playing games or otherwise using the Sites, as stated herein, GoGo's Crazy Bones, reserves all rights to the Software and the Sites and the respective owners reserve all rights to the Links.
2. Title Not Transferred
These terms do not transfer title to the Software or the Sites or the Links or any portion thereof to you. The rights granted herein to play games or otherwise use the Sites, are limited to certain rights solely for the purpose of playing games and otherwise using the Sites as provided therein, and do not include any other patents, trademarks, copyrights or other intellectual property rights. GoGo's Crazy Bones and our licensors retain full and complete title to the Software and the Sites and all intellectual property rights therein or related thereto and the owners of the Links retain such title and rights themselves.
3. License and Restrictions
GoGo's Crazy Bones hereby grants you the non-exclusive right to use the Software specifically and only on its websites for personal, non-commercial use only – to play games and otherwise use the websites as provided therein.. GoGo's Crazy Bones may configure the Software or the Sites with certain tags that identify the version of the Software being used, which permit Gogo's Crazy Bones to update this version without further notice to you. GoGo's Crazy Bones shall have the right to poll your user account for the purpose of adding updated versions of the Software or to delete such versions automatically.
You may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy the Software or the Sites; b) modify, translate or create derivative works based on the Software or the Sites; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of the Sites or the Links to a human-readable form not provided openly therein, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright, trademark or other proprietary notices; or e) create other software that incorporates the Software or the Sites or the Links. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE OR THE SITES OR THE LINKS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION OR FOR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED.
You acknowledge that the Software, the Sites and the Links are not intended for use in connection with any high risk or strict liability activity and GoGo's Crazy Bones makes no warranty and shall have no liability in connection with the use of the Software or the Sites or the Links in any such situations.
The terms GoGo's and Crazy Bones and variations thereof are protected by (registered and unregistered) trademarks, designs, copyrights and other rights, and may not be used by any person for any purpose whatsoever.
4. No Warranty
THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) AND ANY CONTENT OF THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOGO's CRAZY BONES DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
NO WARRANTY IS GIVEN THAT THE SOFTWARE OR THE SITES OR THE LINKS WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE OR THE SITES OR THE LINKS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. IT IS SPECIFICALLY EMPHASIZED THAT NO WARRANTY IS GIVEN THAT THE SOFTWARE, THE SITES OR ANY LINKS (OR ANY SERVERS CONNECTED WITH THE ABOVE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GOGO's CRAZY BONES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR THE SITES OR LINKS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF THE SOFTWARE OR THE SITES OR LINKS WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER(S) ON WHICH THE SAME ARE ACCESSED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON, INCLUDING WITHOUT LIMITATION, A REPRESENTATIVE OF GOGO'S CRAZY BONES SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE, COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
You hereby agree to indemnify, defend, and hold GoGo's Crazy Bones and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorney's fees) incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with Gogo's Crazy Bones in the defense of any claim. Gogo's Crazy Bones reserves the right, at our own expense, to assume the exclusive defense and control of any matter, even if the same is subject to indemnification by you.
6. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GOGO'S CRAZY BONES BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR MATERIALS OR SITES OR FUNCTIONS OR LINKS, EVEN IF GOGO'S CRAZY BONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL GOGO'S CRAZY BONES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO FOR THE SOFTWARE, IF ANY, FOR ACCESSING THE SOFTWARE OR $50, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED IN ANY WAY WITH ANY PORTION OF THE SOFTWARE OR THE SITES OR THE LINKS OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, OR IF YOU HAVE ANY CONCERN THAT USE OF THE SOFTWARE OR THE SITES MAY CAUSE YOU DAMAGE OF ANY TYPE, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SOFTWARE AND THE SITES AND THE LINKS, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Gogo's Crazy Bones makes no representation that the Software or the Sites or the Links are appropriate or available for use in any particular location whatsoever. Those who choose to use the Software or the Sites or the Links do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Gogo's Crazy Bones has offices or affiliated offices in Panama and Costa Rica. The courts of Panama and Costa Rica shall have exclusive jurisdiction over any litigation between a user and Gogo's Crazy Bones and you agree to the personal jurisdiction of such courts over yourself. Gogo's Crazy Bones may require that any disputes between a user and Gogo's Crazy Bones shall be resolved by binding arbitration in Panama in the Spanish language before a single arbitrator chosen by the chairman of the Panama Bar Association or equivalent.
Gogo's Crazy Bones reserves the right, in our sole discretion, to terminate your access to any or all of the Software,
the Sites or the Links and the related services or any portion thereof at any time, without notice, which such termination
may include an automatic closure of your user account by Gogo's Crazy Bones . You may cancel your user account at any time by entering into "my page" and clicking on "delete profile".
9. Export Law Assurances
You agree not to use or otherwise export or re-export the Software except as authorized by applicable law including without limitation USA and Canadian law and the laws of the jurisdiction in which the Software was obtained. Without limiting the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. and Canadian embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. or Canadian Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. Use of User Submitted Materials
By uploading or otherwise creating or submitting any materials to Gogo's Crazy Bones and/or the Sites, you (and your parents, if you are under age 18, or the applicable age of majority, as the case may be) automatically grant (or warrant that the owner of such rights has expressly granted) to Gogo's Crazy Bones, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
12. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of Panama, without giving effect to any principles of conflicts of law. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between users and Gogo's Crazy Bones relating to the subject matter herein and shall not be modified except in writing, signed by both parties.