SECTION ONE: GENERAL INFORMATION; ACCEPTANCE OF TERMS
SECTION TWO: ELIGIBILITY TO PARTICIPATE
2.1 Minimum Requirements. To open an account and/or participate in any feature offered on the Site, or to participate in any other offering on the Site, including, without limitation, any current or future Site features allowing users to communicate directly or through postings with each other (collectively, the " FreshCoolGames.com Community Features") you must:
* be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;
2.3 Additional Restrictions on Eligibility. The following persons are ineligible to receive any feature offered on the Site: (a) employees, owners and officers of FreshCoolGames.com and its affiliates, (b) the foregoing persons' respective immediate family members, and (c) and any other person with access to non-public information regarding the operation of any feature offered on the Site. For purposes of this section, immediate family members include parents, siblings, spouses, children, or any other person permanently residing in the same household with an employee, officer, or director of FreshCoolGames.com or an FreshCoolGames.com affiliate.
2.4 Monitoring Location. FreshCoolGames.com reserves the right to monitor the location from which you access the Site and to block access from any computer which FreshCoolGames.com determines, in its judgment, is located (a) outside of the United States, or (b) in a jurisdiction where participation in one or more Site activities is prohibited or restricted.
2.5 Disclaimers of Liability Regarding Your Ability to Participate. FreshCoolGames.com makes no representations or warranties express or implied, that you have the legal right to participate in any feature offered on the Site, nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.
You agree that neither FreshCoolGames.com nor its affiliates will be liable to you or any third party for any damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise, if (a) laws applicable to you restrict or prohibit your participation in Site activities, including features, or (b) FreshCoolGames.com blocks your access to the Site or your participation in any Site activity, including any feature, based on its determination that you are located in a jurisdiction outside of the United States or which prohibits your participation, even if such determination by FreshCoolGames.com was inaccurate, negligent, willful or malicious. However, FreshCoolGames.com 's ability to block your access to the Site does not mean and should not be construed to mean that FreshCoolGames.com is responsible for your lawful use of the Site; it is your responsibility to make sure that your use of the Site is not prohibited by any applicable law or regulation.
2.6 Denial of Site Access. Without limiting the foregoing, you understand and agree that FreshCoolGames.com reserves the right to, in its sole discretion, deny access to the Site or any Site activity to any person or entity and that FreshCoolGames.com shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to you or to any third party as a result of any decision it might make to deny you access to the Site or any Site activity.
SECTION 4: ACKNOWLEDGMENT OF PROPRIETARY RIGHTS
4.1 Site Materials. By registering for a Site account and/or participating in any feature or other service or activity offered on the Site, you acknowledge that all information, content and materials contained on the Site (in any form or media, the "Site Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by FreshCoolGames.com, its affiliates or third party content suppliers, vendors, licensors or business partners, or by other individuals whose features have been submitted to the Site. Except for third party materials which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site Materials.
4.2 Trademarks. The trademarks, logos, and service marks displayed on the Site whether or not registered (collectively the "Trademarks"), including the names of all features, are Trademarks of FreshCoolGames.com, its affiliates and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Site should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark.
4.3 Unauthorized Use; Misuse. Your misuse or unauthorized use of any Trademark or any Site Materials is strictly prohibited. You are hereby advised that FreshCoolGames.com is prepared to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. FreshCoolGames.com will also reasonably cooperate with any third party alleging that such party's intellectual property rights have been infringed on the Site and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint. If you believe that a particular feature or other Site Material or any Trademark violates your copyright or trademark or that of a party for whom you are authorized to speak, please follow the notification procedure provided on the Copyright Policy page.
4.4 No Accessing the Software. By downloading the Software, you agree that you will not and not attempt to (a) access the Software (other than to deinstall the same pursuant to the FreshCoolGames.com deinstall instructions, (b) reverse engineer, decompile, disassemble, or otherwise attempt to find the source code for or develop derivative products of the Software, (c) copy the Software in whole or in part, or (d) use the Software for your own purposes or on behalf of any third party.
4.5 Disclaimer of Warranties and Liability. You understand and agree that the Site Material is provided "AS IS" without warranty or representation of any time and that FreshCoolGames.com does not warrant or represent, and expressly disclaims any warranties or representations (a) that the Site Materials are accurate, complete, free from viruses or free from infringement, (b) that the Site features and other activities will operate correctly or without interruption, error or defect, or (c) that your use of Site Materials or your participation in Site activities will not infringe on the rights of third parties.
You further understand and agree that neither FreshCoolGames.com nor its affiliates will be liable to you or any third party for any liabilities, damages, costs, or expenses of any kind and under any theory of law, equity, contract, tort or otherwise which you or such third party may incur as a result of your use of the Site or Site Materials or your participation in any Site activities, including, without limitation, your violation of a third party intellectual property right based on your use of Site Materials or participation in Site activities.
SECTION 5: YOUR SUBMISSIONS TO SITE
5.1 Communications From You. Any communication or material you transmit to or post on the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or other information or content (collectively, "Your Submissions"), is and will be treated by FreshCoolGames.com and its affiliates as non-confidential and non-proprietary. You hereby authorize FreshCoolGames.com and its affiliates to use, and agree that they are free to use, in each case without compensation to you, (a) Your Submissions for any purpose and in any manner, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and (b) any ideas, concepts, know-how or techniques contained in Your Submissions for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or offering services which, in each case, use or such information.
5.2 Account Registration Information. At registration, you are required to submit (c) your e-mail address, and (d) such other information as FreshCoolGames.com may request from time to time as indicated on the registration page or by other notice to you. FreshCoolGames.com reserves the right, in its sole discretion, to change and/or suspend/terminate offensive aliases.
SECTION 6: OTHER SITE RULES FOR PARTICIPATION
6.3 User Communication Rules. Your use of any FreshCoolGames.com Community Feature is subject to the following rules and restrictions (the "Rules of Conduct"):
* Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.
* Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind is not permitted.
* Site player names will be displayed as 'Your Name'; impersonating other players or FreshCoolGames.com employees or affiliates is not permitted.
* Opinions or comments are welcome but attacking (flaming) individuals, companies or products is not permitted.
* Hate language or other offensive or discriminatory content is not permitted.
* Content should be limited to communications relating to Site Materials, including features and features.
* You should not share personal information (your name, phone number, home address) with others on the Site.
* Sharing your user name and/or password is prohibited.
* No advertising of any kind is allowed in messages or other communications, including, without limitation, the advertising or promotion of other companies or URLs.
* No third party copyrighted materials are allowed in messages or other communications.
* Neither FreshCoolGames.com or its affiliates are responsible for any information, material or other content you choose to post, transmit, submit or otherwise disclose to or via FreshCoolGames.com Community Features.
* Advanced fonts, java, tables, html, or other programming codes or commands are not allowed in messages.
Determination of a user's compliance with these rules shall be made by FreshCoolGames.com in its sole discretion. FreshCoolGames.com reserves the right, in its sole discretion, to (a) terminate the account of and ban from Site participation users who violate the Rules of Conduct or who in any way abuse the community purpose of the Site, and (b) remove any user-submitted content for any reason. Notwithstanding the foregoing, a failure by FreshCoolGames.com to impose any penalty for violations of the above Rules of Conduct or to remove any impermissible content or transmittal shall not be deemed a waiver of any such violation and FreshCoolGames.com shall have no liability to you or any third party for its failure to enforce the Rules of Conduct in each or any instance.
6.4 Anti-SPAM Policy. FreshCoolGames.com vigorously opposes the practice commonly referred to as "Spam". FreshCoolGames.com will, immediately and without prior notice, suspend or terminate the accounts of Site users who appear, as FreshCoolGames.com may determine in its sole discretion, to be using the Site to send, promote, facilitate or otherwise participate in Spamming. FreshCoolGames.com defines "Spam" as:
* Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or which are not sent at the request of, or with the express consent of, the recipient;
* Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or
* Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ).
ABUSE REPORTING: If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of such a violation to: abuse@ FreshCoolGames.com. FreshCoolGames.com will evaluate each reported abuse incident on a case-by-case basis and will suspend or terminate the accounts of users who appear to have violated the terms of its Anti-Spam Policy (as determined by FreshCoolGames.com in its sole discretion). Any such account suspension or termination will also result in the immediate forfeiture by the offending user of any unpaid prizes on account. Termination may also result in a prohibition against any future membership by such user in the Site.
6.5 No Cheating or Site Abuse. The use of any unfair methods or practices in connection with Site features or other Site activities (collectively "Site Abuse") is strictly prohibited. Site Abuse shall include, by way of example but not as an exclusive listing thereof, any (a) opening and/or use of multiple accounts, (b) solicitation of other players to ask for or offer "cheats" or aids, (c) use of unauthorized or altered software or hardware to assist play, (d) intentionally poor play in certain features in order to achieve a broader competitive advantage (i.e. "sandbagging"), (e) harassment of other participants, (f) use in a feature of automatic, macro, programmed, or similar methods, and (g) attempt to gain unauthorized access to the Site's systems or any account, to damage the Site or interfere with its procedures or performance, or to commit fraud on the Site or its participants or contributors.
SECTION 8: feature RULES AND PROCEDURES
1. No fee is required to participate in a feature.
2. You may participate in as many daily features as you wish but your ability to win prizes is limited as further described in clause (j) below.
3. features last for one 24-hour day: 12:00am (midnight) through 11:59pm (PST/PDT).
4. At the end of the 24 hours, the player with the highest points total for each feature wins a prize.
5. In the event of a tie in any feature, the first player with the high score will be awarded the prize.
6. Determinations of feature and feature results, point totals and winners are made by FreshCoolGames.com and are not subject to appeal. By registering with the Site and/or participating in any feature, you agree to be bound by these determinations and hereby waive any claim against FreshCoolGames.com FreshCoolGames.com or its affiliates based on any such determination.
7. Players that have won a daily prize are automatically entered into our V.I.P feature.
8. Lists of winners will typically be posted on the Site shortly after each feature ends but delays may occur, including, without limitation, where investigation and/or verification of results is taking place in order to prevent abuse. Delays generally will be under ten business days.
9. At the end of each 24 hour feature period, all players will have their points erased and reset at zero.
10. To give more people a chance to win, no more than one (1) daily prize will be awarded per household or computer address within any 45 day period. If two or more players from the same household or computer address win on the same day, then the higher(est)-scoring player only will appear on the feature Standing Page and receive the prize; the other player(s) will not appear on the feature Standing Page and will not receive a prize.
11. In order to claim your prize, (i) you must send a copy of your valid government-issued photo ID (such as a driver's license, state ID, or passport) to prizes@ FreshCoolGames.com within 7 days of your win, (ii) you must have provided the Site with your picture and testimonial for any previous prizes you have received, and (iii) your account shipping address and contact telephone number must be accurate.
12. The value of each prize you win will be posted to your account when the prize is shipped. Your year-to-date winnings will reflect the aggregate value of the prizes you have won during the year.
SECTION NINE: TERMINATION; SUSPENSION OF ACCOUNTS
SECTION TEN: NO WARRANTY; LIMITATION ON LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE SOFTWARE ARE AT YOUR OWN RISK. THE SITE AND THE SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT FreshCoolGames.com DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FreshCoolGames.com, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO USERS' SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES, ERRORS IN CALCULATING feature AND feature SCORES AND WINNERS, PRIZE SUBSTITUTIONS OR OTHER feature RELATED ERRORS.
Without limiting the foregoing, you understand and agree that neither FreshCoolGames.com nor its affiliates are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Site or your account.
SECTION 11: INDEMNIFICATION
SECTION TWELVE: MISCELLANEOUS PROVISIONS
Effective: July 29, 2009
Last Updated: July 29, 2009