Last Update: October 9, 2012
Extrafeet inc. ("extrafeet") owns and operates the website located at www.extrafeet.com (the "website") and creates games which can be downloaded and played on mobile devices (the "games"). These terms of use, together with our privacy policy (www.extrafeet.com/privacy.php) apply to all users of this website (including all of the content on or available through this website) and the games, including users who upload any materials to the website and/or the games, users who order and/or use services provided through this website and/or the games, users who download, access or play the games and users who simply view the content on or available through this website and/or the games. Please read these terms of use carefully.
By using this website or the games you indicate your acceptance of these terms of use. If you do not accept these terms of use, then do not use the games or this website or any of its content or services. These terms of use may be amended or updated by extrafeet from time to time without notice. The terms of use may have changed since your last visit to this website, and it is your responsibility to review these terms of use for any changes. Your use of the website and/or the games after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website or our games from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these terms of use.
Eligibility and Registration. Extrafeet has restricted use of the Website and the Games to all users thirteen (13) years of age or older. This means that if you are below thirteen years of age, you are not permitted to download or play the Games and should not access the Website. However, Extrafeet reserves the right to change or modify the eligibility criteria at any later date, if it should so decide.
Extrafeet allows users to access and view the Website without registering but for purposes of actual gameplay or use of their services, registration is essential. When you register with Extrafeet, you warrant and represent that: (a) You are of a legal age to use the services of the Website; (b) all information provided by you is complete, true and accurate; and (c) You are not prohibited by the local laws of your country from using the services of the Website and/or the Games. Failure to follow any of the above terms is considered as direct breach of these Terms. In such cases, Extrafeet reserves the right to terminate or suspend your registration as well as your access to the Website and the Games.
Conduct. You shall not (a) copy or distribute any part of this Website or the Games (including all of the contents of the Website), (b) alter or modify any part of the Website or the Games, (c) upload, post, email, transmit or otherwise make available on the Website or through the Games any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable, or post a link to the Website or to the Games from any third-party website(s) containing such content; (d) upload, post, email, transmit or otherwise make available any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (e) impersonate any person or entity or misrepresent their affiliation with a person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or the Games or impersonate another person or organization; (g) upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under any law or under a contractual relationship; (h) upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy and publicity rights), or post a link to the Website or in the Games from any third-party website(s) containing such content; (i) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (j) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or the Games or that of any users or viewers of the Website or the Games or that compromises a user's privacy; (k) interfere with or disrupt the Website or the Games or servers or networks connected to the Website or the Games, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (l) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (m) collect or store personal data about other users or viewers; or (n) resell the content of the Website or the Games, the use of the Website or the Games, access to the Website or the Games, or the content of the Website or the Games.
You also agree not to access the Website or the Games in a manner that utilizes the resources of the Website or the Games more heavily than would be the case for an individual person using a conventional web browser or mobile device.
Extrafeet reserves the right (but is not obligated) to do any or all of the following: (a) record user content; (b) investigate any allegation that user content or user registration information does not conform to these terms; (c) remove user content or user registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with these terms; (d) monitor, edit or disclose any user content or user registration information; or (e) edit or delete any user content or user registration information, regardless of whether such content violates any of these terms. Extrafeet has no liability or responsibility to users of the Website or the Games or any other person or entity for performance or nonperformance of the aforementioned activities.
Feedback. If You provide Extrafeet with any suggestions, comments or other feedback ("Feedback") relating to the Website or the Games, Extrafeet may use such Feedback in the Website, the Games, or in any other Extrafeet products or services (collectively, "Extrafeet Offerings"). Accordingly, You agree that: (a) Extrafeet is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Extrafeet, (c) Extrafeet (including all of its successors and assigns and any successors and assigns of any of the Extrafeet Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Extrafeet Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Extrafeet or any of the users of the Website or the Games in respect of the Feedback.
Use. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and/or the Games by viewers or users, is the sole responsibility of such viewers or users. This means that the viewer or user, and not Extrafeet, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Website and/or the Games. Extrafeet does not control such content posted to the Website and/or the Games and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Website and/or the Games, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Extrafeet be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available on the Website and/or through the Games.
The information and materials on this Website and/or in the Games may contain technical inaccuracies or typographical errors. Certain materials on this Website and/or in the Games may have been submitted by viewers or other participants in the various forums on this Website and/or in the Games. In no event shall Extrafeet have any responsibility whatsoever for any information or materials submitted by any viewers or participants in any forums or contests on this Website and/or in the Games and such viewers and participants shall be solely responsible for their participation in such forums.
Extrafeet may alter, suspend, or discontinue this Website and/or the Games or any service at any time and for any reason or no reason, without notice. The Website and/or the Games may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Extrafeet reserves the right to periodically add or update the information and materials on this Website and/or in the Games without prior notice.
License. Subject to your payment of any applicable fees, Extrafeet and its licensees will provide the Games to you in accordance with the descriptions on the Website, any third-party website or service where Extrafeet has made the Games available for download, or in any contracts. If applicable, Extrafeet will provide you with reasonable support services for the Games in accordance with the limitations and restrictions set forth on its website. Notwithstanding the foregoing, Extrafeet may make reasonable modifications to the Games at any time.
Subject to your payment of any applicable fees, Extrafeet grants you a non-exclusive, non-transferable, revocable limited license to access, view and use the Website content and the Games software and content (collectively, the "Extrafeet Property") solely for your own non-commercial entertainment purposes. You may not remove any copyright, trademark or other proprietary notices that have been placed on the Extrafeet Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Extrafeet Property, or any portion of the Extrafeet Property, is strictly prohibited without the prior written permission of Extrafeet.
You agree, and represent and warrant, that your use of the Extrafeet Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. If You violate any of these Terms, Extrafeet reserves the right to terminate your license without notice.
Advertising. You acknowledge and agree that the Website and/or the Games may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website and/or in the Games, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Extrafeet shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and/or the Games and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website and/or the Games.
Points, Rewards and Prizes. In some (but not all) instances, playing the Games may allow You to earn points and rewards, and to qualify for prizes. Points will be awarded to users who complete the necessary prerequisites as indicated by the Website or in the Games. Points may be withheld or reduced at any time in Extrafeet's absolute discretion. Without limitation of the foregoing, Extrafeet may not award points if the user is not physically at the required location; if the user answers a challenge incorrectly; if the user in any way fails to meet the requirements of the challenge; or if the user includes any profanity, vulgarity or other unacceptable user content in responding to the challenge. Points have no cash value and may not be redeemed for cash. Other than a limited, revocable, non-transferable license to use the points in the Games, You have no right in or title to such points. In the event that your account is terminated or suspended for any reason, in Extrafeet's sole and absolute discretion, or if Extrafeet discontinues its Games, You forfeit any and all points. Extrafeet has the absolute right to manage, regulate, control, modify, and/or eliminate points as it sees fit in its sole discretion, and Extrafeet shall have no liability to You or anyone for the exercise of such rights
DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE AND IN THE GAMES ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, EXTRAFEET DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE AND/OR IN THE GAMES ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE AND/OR IN THE GAMES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE, THE GAMES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXTRAFEET SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE GAMES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. EXTRAFEET DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR IN THE GAMES, AND EXTRAFEET SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
NO RESPONSIBILITY FOR CONTENT. You acknowledge and understand that the content of the chat services provided on the Website and/or in the Games is entirely the responsibility of the person from whom such content originated. Therefore, You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. EXTRAFEET WILL NOT BE LIABLE FOR ANY CONTENT EXCHANGED BY MEANS OF THE WEBSITE, THE GAMES OR THE SERVICE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL EXTRAFEET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE, THE GAMES OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE OR IN THE GAMES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE OR IN THE GAMES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE GAMES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE GAMES, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR IN THE GAMES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE GAMES. THESE LIMITATIONS SHALL APPLY EVEN IF EXTRAFEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. EXTRAFEET AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH PLAYING THE GAMES. EXTRAFEET AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE THE GAMES ARE PLAYED. USERS PARTICIPATE IN THE GAMES AT THEIR OWN RISK.
Location-Based Gameplay. Through the Games Extrafeet provides tools that enable users to play or otherwise access the Games using their mobile device at venues that include, but are not limited to, public spaces or private enterprises (such as coffee shops or retail stores) (the "Game Venues"). Extrafeet does not supervise these Game Venues and is not involved in any way with the actions of any individuals at these locations. As a result, Extrafeet has no control over the identity or actions of the individuals who are present at the Game Venues, and Extrafeet requests that users exercise caution and good judgment when participating in location-based gameplay.
Release. Because Extrafeet does not supervise or control Game Venues or interactions among or between users of the Website and the Games and other persons or companies, and because Extrafeet is not involved in any way with physical transportation to or from the Game Venues, with the actions of any individuals at the Game Venues, and because Extrafeet does not control PayPal, credit card companies or other payment processing companies, and because Extrafeet cannot guarantee the true identity, age, nationality of Website users, and because Extrafeet has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website you agree that you bear all risk associated with accessing and using the Website and playing the Games. You agree to release Extrafeet (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website and/or the Games, your third party transactions, Extrafeet' resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Game Venue. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under any provision of the statutory or non-statutory law of any jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD EXTRAFEET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE OR THE GAMES, YOUR USE OF THE WEBSITE OR THE GAMES, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Extrafeet. Extrafeet is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Extrafeet websites does not imply that Extrafeet endorses or accepts any responsibility for the content or use of such websites, and You hereby release Extrafeet from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Extrafeet of that third party, third party product or service.
While Extrafeet encourages links to the Website, You agree to remove any link you may have to the Website upon the request of Extrafeet.
No Advice. The information contained on the Website is for informational purposes about Extrafeet's games and services only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
Termination. Extrafeet may, under certain circumstances and without prior notice, immediately terminate Your ability to access the services, the Website, the Games or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the terms of use or any other agreement that You may have with Extrafeet (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to Extrafeet), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website or the Games (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website and/or the Games may also include removal of some or all of the materials uploaded by You to the Website and/or the Games. You acknowledge and agree that all terminations may be made by Extrafeet in its sole discretion and that Extrafeet shall not be liable to You or any third-party for any termination of Your access to this Website and/or the Games or for the removal of any of the materials uploaded by You to the Website and/or the Games. Any termination of these terms of use by Extrafeet shall be in addition to any and all other rights and remedies that Extrafeet may have.
Security. Information sent or received over the Internet is generally unsecure and Extrafeet cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
Minors. By accessing and using the Website and/or the Games, you represent and warrant that you are at least thirteen (13) years old. Any download of, use or access to the Games by anyone under thirten is strictly prohibited and in violation of these Terms.
Enforcement of Terms and Conditions. If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Extrafeet to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Extrafeet must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Extrafeet of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website, the Games, and/or the Services or Your use of this Website, the Games, and/or the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
Copyright and Trademark Information. This Website, the Games, and the information and materials that they contain, are the property of Extrafeet and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Extrafeet product names and logos are trademarks or registered trademarks of Extrafeet Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Extrafeet. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
This Website is Copyright © 2012 Extrafeet Inc. All rights reserved.
Assignment. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Extrafeet's prior written consent. Extrafeet may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.
Applicable Law and Jurisdiction. These terms of use and the resolution of any dispute related to these terms of use, the Website or the Games shall be governed by and construed in accordance with the laws of Georgia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between You and Extrafeet related to this agreement shall be brought exclusively in a court of competent jurisdiction venued in Georgia.
Survival. In addition to Sections 7, 8 and 9, all representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use. Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination. All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.
Entire Agreement. These terms of use, our Privacy Policy and any other guidelines or requirements notified to you, constitutes the entire agreement between the parties relating to the Website, use of our Games and all related activities. These terms of use shall not be modified except by a new posting of these terms of use issued by Extrafeet.
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