This Agreement was last revised on February 8, 2008.
Twofish, Inc. ("Twofish" "we" or "us") is the owner and operator of certain websites, including, but not limited to www.edgeracers.com (each a "Twofish Site"). Such Twofish Sites may allow you to play an online game in which the content may be created by you, other users of the community, Twofish, or other parties. In addition, a Twofish Site may provide forums, personal home pages, and other game-related services.
Any Twofish Site, game client/server software, software provided through or in connection with the service and other services are collectively referred to hereafter as the "Service". By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Agreement"), whether or not you are a registered user of the Service.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Twofish may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You must have access to the Internet in order to use the Service. It is your responsibility to select, obtain and pay for any equipment or services necessary for access.
You do not have to register in order to visit a Twofish Site. To access certain features of the Service, though, you will need to register with the Twofish Site and create a User account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You must select a User ID to identify yourself to Twofish and other Users of the Service. You may not select as your User ID the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, including impersonating Twofish staff or other Users, or a name that violates any third party's trademark right, copyright, or other proprietary right, or which Twofish deems in its sole discretion to be vulgar, racist, obscene, hurtful, unlawful, or otherwise inappropriate. Twofish reserves the right to delete any offensive User ID, or to require you to change your User ID.
You must also select a password for your account. Twofish recommends that you choose a password with letters and numbers, and do not use your User ID as your password. The registration form will ask you for other information about yourself which you represent and warrant is at all times true, accurate, current and complete, and which you agree to update in order to maintain as such. If you breach this representation, or Twofish suspects that you have, Twofish has the right to suspend or terminate your account and this agreement and to refuse your current or future use of the Service (or any portion thereof).
You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Twofish immediately of any breach of security or unauthorized use of your account. Although Twofish will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Twofish or others due to such unauthorized use.
By providing Twofish your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related emails. We may also use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you want to receive such email messages, you may opt in by sending an email message to support@edgeracers.com, indicating as much when you register. If you decide later that you do not want to receive the non-Service-related emails, you can opt-out by sending an email message to support@edgeracers.com with the word "No email" in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to do any of the following prohibited actions:
As part of our interactive approach, Twofish may provide you with certain opportunities to submit your own ideas, text, graphics, feedback and other materials while you use the Service(collectively, "Participatory Content"). By submitting any Participatory Content, you represent and warrant that you are the owner of or have the right to post your Participatory Content, and your Participatory Content does not infringe the rights of any third party. You hereby grant Twofish a perpetual, transferable, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display, publicly perform, list information regarding, edit, translate and make derivative works of any and all of your Participatory Content and your name, voice, and/or likeness as contained in your Participatory Content, in whole or in party, in any form, in all media now known or later developed for use in connection of the Service. You, and not Twofish, are entirely responsible for all of your Participatory Content that you upload, post, email or otherwise transmit via the Service.
You agree not to post Participatory Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any Participatory Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. Twofish reserves the right, but is not obligated, to reject and/or remove any Participatory Content that Twofish believes, in its sole discretion, violates these provisions. You understand that publishing your Participatory Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Twofish takes no responsibility and assumes no liability for any Participatory Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Participatory Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Twofish is not responsible for any public display or misuse of your Participatory Content. You understand and acknowledge that you may be exposed to Participatory Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Twofish shall not be liable for any damages you allege to incur as a result of such Participatory Content.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Subject to all of these terms, Twofish hereby grants you a personal, non-exclusive, non-transferable personal license to use the Service. Twofish may revoke this license at any time and for any reason and for no reason.
Except for your Participatory Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and Participatory Content (the "Twofish Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Twofish and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Twofish Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Service may provide links to other sites, advertisers, or services that are not owned or controlled by Twofish. We provide these links for your convenience only. Twofish does not control, is not responsible for, does not necessarily endorse and makes no representation about the materials contained at any linked site. You understand that this Agreement and Twofish's Privacy Policy do not apply to the use of such sites. If you choose to visit any linked site, Twofish recommends that you review the other site's terms of service and privacy policy. Twofish is not responsible for webcasting or any other form of transmission received from any linked site.
You expressly relieve Twofish from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on a Twofish Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Twofish shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
A Twofish Site may include in-world fictional "currencies", such as Edgeracers Dollars, Edgeracers Points, and other promotional currencies (collectively, "Twofish Currencies"), which may be purchased for real world currency and can then be exchanged within the Twofish Site for limited license right(s) to use a feature of our product when, as, and if allowed by Twofish and subject to these terms and conditions. Twofish may charge fees for the right to use Twofish Currencies or may distribute them without charge, in Twofish's sole discretion.
When you purchase Twofish Currencies for real world currency, your purchases are non-refundable and are made at your own risk. Twofish is under no obligation to provide any refund (either in cash or in Twofish Currencies).
Although often referred to in monetary terms, Twofish Currencies are neither legal tender of the United States nor of any other country or jurisdiction, nor are they convertible into United States currency or that of any other nation. Regardless of terminology used, Twofish Currencies are not redeemable for any sum of real world money or monetary value from Twofish at any time. You agree that Twofish has the absolute right to manage, regulate, control, modify and/or eliminate such Twofish Currencies as it sees fit in its sole discretion, in any general or specific case, and that Twofish will have no liability to you based on its exercise of such rights. Twofish Currencies cannot be used for any kind of wagering, betting or gambling either within or outside of our site.
Twofish does not recognize any virtual property transfers executed outside of the Service or the purported sale, gift or trade in the "real world" of anything related to the game. Accordingly, you agree not sell or otherwise exchange items for value outside of the Service. Instead, you agree to use the transaction services and the Twofish Currencies provided through the Service for all transactions involving Service products or services and related use rights, and you agree not to create, employ, or utilize any parallel form of currency (virtual or real) in connection with any transaction on the site.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Twofish's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Twofish and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Twofish's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Twofish has adopted a policy of terminating, in appropriate circumstances and at Twofish's sole discretion, Users who are deemed to be repeat infringers. Twofish may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Please note that any material you submit to Twofish in any manner, aside from examples of prior work as part of a job application, will be deemed your Participatory Content and subject to the terms of this Agreement. Twofish and its employees do not accept or consider unsolicited ideas, including but not limited to ideas for advertising campaigns, technology development or product names. Please do not send Twofish or any of its employees any unsolicited materials, including any artwork or demos. If any area of the Service invites you to submit material, such as a portfolio URL for a job application, such submission shall not be deemed to be unsolicited for purposes of this section "Idea Submission Policy". The purpose of this policy is to avoid potential misunderstandings or disputes if Twofish's products or marketing strategies might seem similar to ideas submitted to Twofish.
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You shall be solely responsible for your own Participatory Content and the consequences of posting or publishing it. In connection with Participatory Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. TWOFISH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TWOFISH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWOFISH, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TWOFISH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWOFISH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TWOFISH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT (IF ANY) YOU PAID TO TWOFISH HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Twofish makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
You agree to defend, indemnify and hold harmless Twofish and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Participatory Content or any that are submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
Termination may include all or any of: locking/suspending, temporarily banning, or permanently banning the account. Either you or Twofish may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, Twofish reserves the right to terminate the Service, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SERVICE WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED TWOFISH CURRENCIES THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. A User whose account Twofish has terminated may not access the Service in any manner or for any reason without Twofish's express, prior, written permission.
Twofish hereby reserves any rights not expressly granted herein.
You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Twofish's failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Twofish of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Twofish shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Twofish' reasonable control. This agreement is governed by and construed under California law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in San Mateo County, in the State of California, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. Twofish may provide notifications, whether such notifications are required by law or are for marketing or other business related purposed, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Twofish, in our sole discretion. Twofish reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in this Agreement. This agreement represents the entire agreement between you and Twofish with respect to the subject matter referenced herein.
If you have questions or suggestions, please email us at tos@edgeracers.com.