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Terms of Service
Last Updated: September 10, 2009
Acceptance of Terms
These Terms of Use govern your use of the web site (the Site), any and all games accessible on the Site and any other services available or at the Site (collectively, the Service.) offered by RawrGamer.com (RAWR). These Terms of Use apply to all users of the Service, including users who are also contributors of content, information and other materials for the Service. Your use of Service constitutes your agreement to follow and be bound by the following Terms of Use without modification, and all other operating rules, policies and procedures that may be published from time to time on this Site. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you.
Changes to the Terms of Use
We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes on the Site, and these additional or revised terms will become part of the agreement. Please check this Terms of Use document periodically for changes. Your continued use of the Service constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by RAWR as referenced above.
Registering for a RAWR Game or Account
When registering for a log in account with RAWR, you agree to (a) provide true, accurate, current, and complete information as prompted by the account registration form; and (b) to maintain and update this registration information to keep it true, accurate, current, and complete. RAWR reserves the right to terminate your access to the log in areas of our site in the event you provide registration information which is false, inaccurate, not current, or incomplete.
Most of the features of the Service are made available only to users thirteen (13) years of age or older, or with written parental consent. When registering, users must represent and confirm that they are over thirteen (13) years of age or have obtained and submitted written parental consent. RAWR's use of your registration information is governed by our privacy policy. Our privacy policy makes specific provisions for those visitors who are under 13 years of age. Please review the Privacy Policy at If you wish to learn more about our privacy policies please contact for further information. Content
The Service has been prepared solely to provide information on products offered by RAWR and other affiliated companies. Although the Service has been compiled in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on the Service may be incomplete, may contain errors, or become out-of-date. RAWR makes no commitment and expressly disclaims any duty to update any of the content on the Service. RAWR reserves the right to add, modify, or delete any information on the Service at any time.
Limitations on Your Use
You agree to abide by all applicable local, state, national, and international laws and regulations in using the Service and not to use the Service for any purpose that is prohibited by the Terms of Use or Privacy Policy.. You agree not: to (a) use Service for illegal purposes; (b) use Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use the Service to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, confidential, proprietary or otherwise objectionable, or (d) post any links to any external Internet website that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (e) use Service to provide materials which contain viruses or other contaminating or destructive features; (f) impersonates any person or entity, including any employee or representative of a third party; (g) cheat in any form with respect to online games; or (h) create an account or provide any other information under false pretenses, with false or incomplete information, or to mislead others.
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by RAWR in its sole discretion) an unreasonable or disproportionately large load on RAWR's (or its third party providers') infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted in connection with the Service; or (iii) bypass any measures RAWR may use to prevent or restrict access to the Service. The Service are provided only for your own personal, non-commercial use. Your Agreement to User Conduct Rules and Regulations
RAWR is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of the Service, such as Chat, Message Boards, and Profiles. Acceptance of RAWR's Terms of Use constitutes your agreement to abide by any Conduct Rules or Regulations posted in such areas and/or on online games, as well as the restrictions and responsibilities outlined in this document. You agree to take full responsibility and liability for the accuracy and appropriateness of your posted content, and any consequences that may arise from posting in public areas of the Service.
You may create, submit, post, display, transmit content or other material using the Service ("User Content"). RAWR reserves the right to delete, move, or edit any User Content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. RAWR may delete, edit, or reject User Content at any time for any reason without notice to you. Any User Content you transmit or post using the Service will be treated as non-confidential and non-proprietary. You agree and warrant that your User Content is wholly original to you and you exclusively own all the rights to your User Content. You agree that by using the Service, you grant RAWR the right to convert, copy, display, edit, make derivative works, disclose, sell, sublicense, store, distribute, or otherwise use your User Content in any manner and in all forms or formats available now or in the future without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences. RAWR will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any User Content; (b) arising from the use of the public posting areas of this Service or using the Service.; and (c) related to your viewing of any content using the Service that you may find offensive. Indemnification
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless RAWR and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party even if using your password. This Indemnification section of the Terms of Service survives termination of your account with the Service or your use of the Service.
Termination and Modification of the Service
These Terms of Use are effective until terminated. You agree that RAWR may terminate your log in or other access to the Service, including your user name and password, at any time for any reason without prior notice of liability. RAWR may change, suspend, modify or discontinue all or any aspect of the Service at any time, including the availability of any feature or game, without prior notice or liability. If you wish to terminate your account, you may simply discontinue using the Service.
Third Party Web Site Services, Links, Advertisements and Offers
The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offer and payment systems of third parties. RAWR is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. RAWR is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall RAWR be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.
Limitations on Liability
RAWR PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, GAMES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. RAWR AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF SUING THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE. RAWR SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR THE GAMES ON THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL RAWR, ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT THE MAXIMUM LIABILITY OF RAWR IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SERVICE, INCLUDING ANY APPLICATIONS OR GAMES, SHALL BE LIMITED TO $200 IN THE AGGREGATE PER USER. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF RAWR SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Our Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited.
All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Service may violate copyright, trademark and other applicable laws. Except as provided below, RAWR and its affiliates and licensors retain all right, title_terms and interest in and to the Service, excluding your User Content ("RAWR Intellectual Property") You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the RAWR Intellectual Property, in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of RAWR. You agree to use the Service only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the RAWR website. Please be advised that any information related to the Service including but not limited to, game scores, player rankings, are the property of RAWR by operation of these Terms of Use. RAWR reserves the right to display, modify, distribute, reproduce, use for promotional purposes, or delete any of this information at any time and for any reason without notice. Further, as the sole owner of all such content, feedback, opinions, and strategies, RAWR may elect to utilize such information and to make changes or improvements based on that information without any payment or consideration of any kind to any party who provides information. Game and Service Administration and Rules for Scoring, Virtual Currency, Virtual Goods and Other Virtual Materials
The Service may include the award or your purchase of points, scoring, virtual currency, virtual goods or others items during your participation in games or other programs ("Game Values"). Game Values are not transferable or eligible for any type of in-kind or cash reimbursement. Game Values have no in-kind or cash value and are solely for the purposes of the Service including any games. If your account with the Service is terminated for any reason including if RAWR terminates the game, your Game Values will no longer exist and are void. RAWR may in its sole discretion provide for the transfer of Game Values to another game or program using the Service.
You have no right to transfer any Game Values except as specifically authorized within the Service under rules established by RAWR for the Service. You agree not to buy, sell or otherwise exchange compensation for Game Values except during your active use of the Service in authorized game or program transactions. We in its sole discretion and authority may modify, eliminate, change or otherwise use your Game Values for any purpose without notice to you. If we exercise this right, it is not obligated to compensate you in any manner and will not be liable for any form of damages for such actions. Your purchase of Game Values for use with the Service will not be refunded or exchanged. Such purchases are final on initial purchase. Disputes with Users of the Service
We are not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Service although we may undertake such action in its sole discretion. In the event of a dispute with another user of the Service, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other user of the Service.
Intentional Use
We makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from jurisdictions where the Service is illegal in any way is prohibited.
Relationship of You and Us When You Use Our Service
We makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from jurisdictions where the Service is illegal in any way is prohibited.
Jurisdiction and Contract Terms
These Terms of Use are governed by and construed in accordance with the laws of the State of California, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the courts of the State of California, and the City and County of San Francisco and Alameda County for any cause of action arising out of or relating to the Service, or these Terms of Use. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. RAWR may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to RAWR's web site must commence within one (1) year after the cause of action arose.
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