Last revision: January 21st 2009
THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, ARE A LEGAL AGREEMENT BETWEEN MEECROAPP LIMITED ("MEECROAPP" OR "WE") AND YOU ("YOU"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE TAXI-MOGUL.COM WEBSITE AND OTHER WEBSITES, WEBPAGES, BLOGS, WIDGETS AND APPLICATIONS OWNED, OPERATED, LICENSED OR CONTROLLED BY MEECROAPP (THE "MEECROAPP SITES") OR ANY GAMES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE MEECROAPP SITES (COLLECTIVELY, THE "SERVICES"). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICES.
Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the MeecroApp Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable MeecroApp Site and to cancel any accounts or Services you have signed up for. Your continued use of the MeecroApp Sites after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that MeecroApp is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
MeecroApp reserves the right to deny, in its sole discretion, any user access to the MeecroApp Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you decide to purchase subscription-based Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by MeecroApp), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MeecroApp immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by MeecroApp). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by MeecroApp or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Where the Services utilise the account management of a social networking website (such as Facebook or MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
MeecroApp will charge subscription fees to access certain Services (including certain games) and participate in related activities on the MeecroApp Sites. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE. Unless otherwise indicated, subscriptions will not automatically renew at the end of their term.
While playing our games, you will have the opportunity to use "BureauPoints" or other online currency to license a variety of virtual in-game items that can be used while playing various games. You may be required to pay a fee in order to obtain coins or other online currency. MeecroApp reserves the right in its sole discretion to change the number of coins or other online currency you will be entitled to purchase for a given fee. YOUR PURCHASE OF COINS OR OTHER ONLINE CURRENCY IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR MEECROAPP ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL IN-GAME ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL IN-GAME ITEMS. MeecroApp shall have no liability for hacking or loss of virtual in-game items from your MeecroApp Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any virtual in-game items lost due to your violations of these Terms of Service. MeecroApp reserves the right, without prior notification, to limit the order quantity on any virtual in-game item and/or to refuse to provide you with any virtual in-game item. Verification of certain information applicable to a transaction involving a virtual in-game item may be required prior to our acceptance thereof. Price and availability of the virtual in-game items are subject to change without notice.
You hereby agree to pay all fees or charges incurred by your account, including taxes, in accordance with these Terms of Service and the billing terms for access to the Services that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.
If you do not have a PayPal account, you may set up a free account at www.paypal.com. MeecroApp is not affiliated with PayPal.
We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to MeecroApp. MeecroApp may also provide access to third-party vendors who provide content, goods and/or services on the MeecroApp Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. MeecroApp makes no representation or warranty regarding any content, goods and/or services provided by any third-party.
Your license to use the Services is limited by these Terms of Service and our Privacy Policy. All software ("Software") made available to access the Services is the copyrighted work of MeecroApp and/or its licensors. MeecroApp hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your account, characters, housing, items, credits, currency, BureauPoint or any other virtual in-game items or other materials appearing in or generated by the Services), information, software, products or services obtained from the Services, without the express written consent of MeecroApp. You hereby acknowledge and agree that you have no proprietary interest in any account, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services. You may not use any software or hardware that reduces the number of users directly accessing or using the Services. You further agree not to create or provide any means other than through the MeecroApp Sites by which the Services may be accessed.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair any MeecroApp server, or the network(s) connected to any MeecroApp server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any MeecroApp server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. MeecroApp has no obligation to monitor the Communication Services. However, MeecroApp reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. MeecroApp reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by MeecroApp, and such communications shall not be considered reviewed, screened or approved by MeecroApp. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. MeecroApp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized MeecroApp spokespersons, and their views do not necessarily reflect those of MeecroApp.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services 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 Services. MeecroApp is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
MeecroApp reserves the right at all times to disclose any information or materials found on the Communications Services as MeecroApp deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in MeecroApp's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:
Where applicable each user will either select a player name or allow MeecroApp to automatically select a player name at random. Where users create a player name or otherwise create a label that can be used by players of MeecroApp's games, users will abide by the following guidelines contained in these Terms of Service. Users will not use a name which
"Content" shall mean the software, communications, images, sounds, and all the material and information you see on the MeecroApp Sites, whether provided by MeecroApp or by users of the Services. MeecroApp does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the MeecroApp Sites.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the MeecroApp Sites. Content standards may vary depending on where you are on the MeecroApp Sites, 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.
MeecroApp representatives may monitor your communications on the MeecroApp Sites. But we cannot monitor all of the Content on the MeecroApp Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to support@meecro-app.com. MeecroApp does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Service. MeecroApp does not assume any responsibility or liability for Content that is generated by members or other guests on the MeecroApp Sites.
MeecroApp and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any MeecroApp Site. Without limiting the foregoing, MeecroApp and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that all characters created and items acquired and developed as a result of game play are part of the applicable game Software and related Services and are the sole property of MeecroApp and/or its licensors. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by MeecroApp, and/or its licensors (collectively, "Rights "), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of Ireland and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to MeecroApp and/or its licensors all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to MeecroApp and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the Content.
By registering on our Services, users understand they may receive periodic information regarding current and future Services offered on the MeecroApp Sites. In addition, such subscribers 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. You may unsubscribe from any of these Services at any time by following the procedures made available with the applicable Services.
The Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data). The entire contents of the Service and each area contained therein are copyright protected as a collective work under the laws of Ireland. MeecroApp owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that MeecroApp, and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by MeecroApp and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.
The Service is controlled and operated by MeecroApp from its offices within the Republic of Ireland. MeecroApp makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials 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 the MeecroApp Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
MeecroApp has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with MeecroApp. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the MeecroApp Sites or any change in such Content; (3) your ability to access and/or use the Services; 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.
You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. MeecroApp reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (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 associated with it (such as points, tokens or in-game items). If your account is terminated or suspended by MeecroApp, MeecroApp shall have the right to terminate or suspend any of your other account(s).
FOR THE PURPOSES OF CLARITY, SUSPENSION OR TERMINATION OF YOUR MEECROAPP ACCOUNT(S) OR SUBSCRIPTION(S) SHALL NOT AFFECT YOUR SOCIAL NETWORKING WEBSITE ACCOUNT(S).
The links to third party sites appearing on the MeecroApp Sites will let you leave the MeecroApp Sites. These linked sites are not controlled by MeecroApp and may collect date or solicit personal information from you. To the maximum extent permissible by law, MeecroApp is not responsible for such linked sites, Content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites may collect. MeecroApp provides such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by MeecroApp of such linked sites.
By accessing Google Maps (both static and dynamic) implementations on MeecroApp Sites, you agree to be bound by Google Maps Terms of Service.
To the maximum extent allowed by law, neither MeecroApp nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "MeecroApp Parties ") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the MeecroApp Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.
YOU EXPRESSLY AGREE THAT THE USE OF THE MEECROAPP SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE MEECROAPP SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. MEECROAPP PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MEECROAPP WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE MEECROAPP PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE MEECROAPP PARTIES, OR BY YOUR OR ANY OTHER USER'S OWN ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE MEECROAPP PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE MEECROAPP SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MEECROAPP IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE MEECROAPP PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MEECROAPP OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE MEECROAPP PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE MEECROAPP SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH MEECROAPP. 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, THE LIABILITY OF MEECROAPP AND THE MEECROAPP PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. MEECROAPP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE MEECROAPP SITES 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.
THE MEECROAPP PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE MEECROAPP SITES AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MEECROAPP PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
These Terms of Service are governed by the laws of the Republic of Ireland and you hereby submit to the exclusive jurisdiction of the Irish courts.
MeecroApp may assign these Terms of Service, in whole or in part, at any time.
MeecroApp's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of MeecroApp#&39;s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by MeecroApp with respect to such use.
You agree to indemnify and hold MeecroApp, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Services.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and MeecroApp with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and MeecroApp with respect to the Services.
You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. MeecroApp's failure to enforce at any time any of the provisions of these Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by MeecroApp of any provision, condition or requirement of these Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of MeecroApp shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of MeecroApp. All notices given by you or required under these Terms of Service shall be in writing and addressed to: MeecroApp Limited, 31 Whitworth Hall, Morning Star Ave, Dublin 7, Ireland. MeecroApp may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in MeecroApp's account information, message to your social network account, or by written communication sent by registered mail, postage prepaid, or overnight courier to your address on record in MeecroApp's account information.
The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.
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