Terms of Use

Except as otherwise expressly provided in any written agreement between you and Casmul, Inc. (the "Company"), by virtue of using the Company's products, services, or websites, you are agreeing to the binding terms of this electronic agreement ("Terms of Use") between you and the Company.

The Company has the right to revise these Terms of Use at any time without providing notice to its users. Your continued use of the Casmul.com (the "Site") and/or any services and/or products provided on the Site shall be deemed irrevocable acceptance of those revisions.

The Company reserves the right to change, modify, suspend or discontinue any portion of the Site, and/or the Service (as defined below), at any time. The Company may also impose limits on certain features or restrict your access to parts or the entire Site, or the Service, without notice or liability.

Services

By agreeing to become a Company developer, you will be granted a right to download software from the Site through which you may add multi-player and social features to your games. All these new features will be accessible to end users of your application through customized, proprietary screens, supported by the Company's servers (the "Service"). The Company reserves the right to place advertisements on those pages as it deems fit.

Restrictions

You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by the Company. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to such services). You agree not to reproduce, duplicate, copy, sell, trade or resell the Service or the associated software for any purpose, or sub-license, translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works of the associated software. Any attempt to do so is a violation of the rights of the Company. Copyright and other intellectual property laws protect the Service and the associated software provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit the Service in whole or in part. Use of the Service to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, or technological protection measures is expressly prohibited. The Service and the Company servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, libelous, defamatory, pornographic, abusive, illegal, racist, constitutes an illegal threat, invasion of privacy, or violates export control laws. Use of the Service or the Company servers for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Service and the Company servers (or any connected network, system, service or equipment) or conduct their business over the Internet. The Company shall suspend and/or cancel the Service immediately if you violate any restrictions set forth herein. The Company retains ownership of all its rights in the Service and the associated software, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any of the Company's intellectual property.

Warranties and Disclaimers

The Company warranties that it shall begin addressing any technical problem with the Service that is causing interruption thereof within 24-hours of discovery of the problem and/or interruption. Except as expressly provided otherwise in these Terms of Use, the Site, the Service, any downloaded software, and any other materials included are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Company does not warrant that the Site, the Service, or the associated downloaded software will be uninterrupted or error-free, that defects will be corrected, or that the Site, the Service, or the server that makes them available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any special or consequential damages that result from the use of, or the inability to use, the Site or any service provided therein, even if the Company or a Company authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from the Company or from or through the Site shall create any warranty not expressly stated in these Terms of Use. Notwithstanding the provisions of any applicable laws, it is hereby agreed that in no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) shall be limited to ten dollars ($10.00).

User Data

The Company shall automatically collect traffic information about end users accessing its servers, including, but not limited to the following information: device type and configuration, end user statistics, data pulled from third-party providers, and any end user submitted data. The Company shall use any and all of the end user information that it collects solely for the purposes of optimization of the Service. The Company shall not use the end user information that it collects for any other purposes, and shall not share such end user information with any third parties. Some of the end user information might be encrypted, in accordance with the terms of agreements between the Company and third party service providers. You shall have the right to access any end user data collected by the Company for any and all end users of your gaming application.

Advertising Revenue

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The Company will be placing various third-party Advertisements (as defined below) in the designated spaces on the customized, branded "screens," which it would be integrating with the multi-player, social "screens" for the gaming application developed by you using the Service. You shall be entitled to receive 50% of the Net Revenue generated from third-party advertiser text links, banners, videos, and graphics ("Advertisements") so placed by the Company in your gaming application. "Net Revenue" shall mean revenues actually received by the Company from such placement of Advertisements, less use and excise taxes, less any agency commissions, carrier and/or partner fees, and less any allowances actually made or taken for returns, cash discounts or promotional allowances but excluding other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by the Company to third parties from time to time. You specifically agree that any payments that may become due to you are conditioned upon Company's receipt of full payment from the applicable advertiser. If the Company does not receive the applicable payment in full from any such advertiser, the Company shall have no liability or responsibility to you (and you hereby releases the Company) with respect thereto. The Company shall make payments of Net Revenue generated pursuant to the terms of this paragraph within 10 days from the date of receipt of the respective payment from the applicable third party advertiser. If you dispute any payment made pursuant to this paragraph, you must notify the Company in writing within thirty (30) days of any such payment. Failure to so notify the Company shall result in your waiver of any claims related to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other measurements or statistics of any kind shall be accepted by the Company or have any effect under these Terms of Use. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Service.

Confidentiality

You agree that the Service and the associated downloaded software (including related documentation and materials) and any information disclosed by the Company to you in pursuant to the terms hereof will be considered and referred to as Confidential Information. You will not, during or subsequent to the term of these Terms of Use, (i) use the Confidential Information for any purpose whatsoever other than as explicitly allowed by the terms hereof, or (ii) disclose the Confidential Information to any third party. It is understood that said Confidential Information shall remain the sole property of the Company. You further agree to take all reasonable precautions to prevent any unauthorized disclosure of such Confidential Information including, but not limited to, having each employee, if any, with access to any Confidential Information, execute a nondisclosure agreement with equivalent restrictions and limitations on disclosure of such information as are set forth herein. Notwithstanding the foregoing, Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of yours, (ii) information that is generally made available to the public by the Company, (iii) information that is independently developed by you without the use of any Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (v) any third party software and/or documentation provided to you by the Company and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.

Use of Marks, Logos

You agree not to use any of the Company trademarks, logos, or any other marks belonging or licensed to the Company in any way except as expressly authorized in writing by the Company in each instance. You agree that all goodwill arising out of your authorized use of the Company's marks shall inure to the benefit of and belong to the Company.

End User Disputes

You shall be responsible for handling any and all disputes with and complaints from the end users of your application developed utilizing the Service. You will indemnify, defend, and hold harmless the Company, its affiliates and subsidiaries, and its and its affiliates' and subsidiaries' directors, officers, employees, agents, successors, and assigns (the "Indemnitees") from and against any and all claims, defenses, damages, expenses, costs (including reasonable attorney's and experts' fees and litigation expenses), and liabilities (including settlements) brought, claimed, or asserted by a third party against the Indemnitees arising out of any use or operation of your application developed utilizing the Service.

Technical Support

The Company shall respond to any technical problem or issue that you bring to its attention within 48-hours.

Jurisdictional Issues

This Site is controlled and operated by the Company. The Company makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you transmit through the Site and the Company's servers, your use of the Site and the Service, your connection to the Site and the Service, your violation of these Terms of Use, or your violation of any rights of another person or entity.

Force Majeure

The Company will not be liable for delays in its performance of the Service caused by circumstances beyond the Company's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). The Company will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.

Governing Law

By accessing this Site, you and the Company agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law and You irrevocably submit to the exclusive jurisdiction of the federal and state courts of Santa Clara County, California.

Contact

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