1. LICENSE

1.1. Governing Agreement

The terms of this agree­ment (“Terms of Ser­vice” or “Terms”) gov­ern the rela­tion­ship between you and Sirqul (here­inafter “Sirqul” or “Us” or “We”) regard­ing your use of Sirqul’s EaaS (Engage­ment as a Ser­vice) appli­ca­tions and relat­ed ser­vices, which include appli­ca­tions for mobile devices and Sirqul brand­ed web­sites (the “Ser­vice”). In this agree­ment, “Sirqul” means Sirqul Inc. locat­ed at 81 Vine Street, Suite 101C, Seat­tle, WA 98121.

In either case “Sirqul” includes Affil­i­ates, which shall mean sub­sidiaries, par­ent com­pa­nies, joint ven­tures and oth­er cor­po­rate enti­ties under com­mon own­er­ship.

1.2. Privacy Policy

Use of the Ser­vice is also gov­erned by Sirqul’s Pri­va­cy Pol­i­cy, which is incor­po­rat­ed here­in by ref­er­ence. Your pri­va­cy is impor­tant to Us. We designed Sirqul’s Pri­va­cy Pol­i­cy to make impor­tant dis­clo­sures about how We col­lect and use your con­tent and infor­ma­tion and how you can use the Ser­vice to share such infor­ma­tion with oth­ers. We encour­age you to read the Sirqul Pri­va­cy Pol­i­cy care­ful­ly and use it to make informed deci­sions.

By cre­at­ing an account or access­ing or using the Ser­vice you accept and agree to be bound by the­se Terms of Ser­vice and con­sent to the col­lec­tion, use and stor­age of your infor­ma­tion as out­lined in Sirqul’s Pri­va­cy Pol­i­cy.

1.3. Updates to the Terms of Service and Sirqul Privacy Policy

Sirqul reserves the right, at our dis­cre­tion, to change, mod­i­fy, add or remove por­tions of the­se Terms of Ser­vice and its Pri­va­cy Pol­i­cy at any time by post­ing the amend­ed Terms on or with­in the Ser­vice. You may also be given addi­tion­al notice, such as an e-mail mes­sage or mes­sag­ing with­in the Ser­vice, of any changes. You will be deemed to have accept­ed such changes by con­tin­u­ing to use the Ser­vice. Except as oth­er­wise stat­ed, all amend­ed terms shall auto­mat­i­cal­ly be effec­tive 30 days after they are ini­tial­ly post­ed. Sirqul may also revise oth­er poli­cies, codes or rules at any time, and the new ver­sions will be avail­able at www.Sirqul.com or in the Ser­vice. No amend­ment to the Terms of Ser­vice or Pri­va­cy Pol­i­cy shall apply to any dis­pute of which Sirqul had actu­al notice before the date of the amend­ment.

This agree­ment may not be oth­er­wise amend­ed except in a writ­ing hand signed by you and Us. For pur­pos­es of this pro­vi­sion, “writ­ing” does not include an e-mail mes­sage and a sig­na­ture does not include an elec­tron­ic sig­na­ture.

If at any point you do not agree to any por­tion of the then-cur­rent ver­sion of our Terms of Ser­vice, the Sirqul Pri­va­cy Pol­i­cy, or any oth­er Sirqul pol­i­cy, rules or codes of con­duct relat­ing to your use of the Ser­vice, your license to use the Ser­vice shall imme­di­ate­ly ter­mi­nate and you must imme­di­ate­ly stop using the Ser­vice.

To the extent the Terms of Ser­vice or Sirqul Pri­va­cy Pol­i­cy con­flict with any oth­er Sirqul terms, pol­i­cy, rules or codes of con­duct, the terms con­tained in the­se Terms of Ser­vice and in the Sirqul Pri­va­cy Pol­i­cy shall gov­ern.

1.4. Grant of a Limited License to Use the Service

Sub­ject to your agree­ment and con­tin­u­ing com­pli­ance with the­se Terms of Ser­vice and any oth­er rel­e­vant Sirqul poli­cies, such as the Forum Rules or Loy­al­ty Pro­gram Terms, Sirqul grants you a non-exclu­sive, non-trans­fer­able, revo­ca­ble lim­it­ed license sub­ject to the lim­i­ta­tions in Sec­tions 1.5–1.9 to access and use the Ser­vice using a Sirqul sup­port­ed web browser (such as Mozil­la Fire­fox or Microsoft Inter­net Explor­er) or mobile device sole­ly for your own non-com­mer­cial enter­tain­ment pur­pos­es. You agree not to use the Ser­vice for any oth­er pur­pose.

You under­stand that while at times you may “earn” “buy” or “pur­chase” (a) vir­tu­al cur­ren­cy, includ­ing but not lim­it­ed to vir­tu­al coins, cash, tokens, or points, all for use in the Ser­vice; or (b) vir­tu­al in-game items (togeth­er with vir­tu­al cur­ren­cy, “Vir­tu­al Items”); the­se real world terms are only being used as short­hand. You do not in fact “own” the Vir­tu­al Items and the amounts of any Vir­tu­al Item do not refer to any cred­it bal­ance of real cur­ren­cy or its equiv­a­lent. Rather, you may pur­chase a lim­it­ed license to use the Ser­vice, includ­ing soft­ware pro­grams that occa­sion­al­ly man­i­fest them­selves as the­se items. The pur­chase and sale of the lim­it­ed license referred to in the­se Terms of Ser­vice is a com­plet­ed trans­ac­tion upon receipt of your direct pay­ment or redemp­tion of a Sirqul game card or a third par­ty vir­tu­al cur­ren­cy like Face­book Cred­its. Any “vir­tu­al cur­ren­cy” bal­ance shown in your Account does not con­sti­tute a real-world bal­ance or reflect any stored val­ue, but instead con­sti­tutes a mea­sure­ment of the extent of your license.

1.5. Accessing the Service

By access­ing or using the Ser­vice, includ­ing brows­ing any Sirqul web­site or access­ing a game, you accept and agree to the­se Terms of Ser­vice and the Pri­va­cy Pol­i­cy. You may also be required to reg­is­ter an account on the Ser­vice (an “Account”), have a valid account on the social net­work­ing ser­vice (“SNS”) through which you con­nect to the Ser­vice, if any, or have an account with the appli­ca­tions provider for your mobile device. You war­rant that you are not pro­hib­it­ed from receiv­ing prod­ucts of U.S. orig­in, includ­ing ser­vices or soft­ware. If you are between the ages of 13 and 17, you rep­re­sent that your legal guardian has reviewed and agreed to the­se Terms.

You must provide all equip­ment and soft­ware nec­es­sary to con­nect to the Ser­vice, includ­ing, but not lim­it­ed to, a mobile device that is suit­able to con­nect with and use the Ser­vice, in cas­es where the Ser­vice offers a mobile com­po­nent.

You are respon­si­ble for any fees, includ­ing inter­net con­nec­tion or mobile fees that you incur when access­ing the Ser­vice.

1.6. Use of the Service

The fol­low­ing restric­tions apply to the use of the Ser­vice:

a. You shall not cre­ate an Account or access the Ser­vice if you are under the age of 13;

b. You shall mon­i­tor your Account to restrict use by minors, and you will deny access to chil­dren under the age of 13. You accept full respon­si­bil­i­ty for any unau­tho­rized use of the Ser­vice by minors in con­nec­tion with your Account. You are respon­si­ble for any use of your cred­it card or oth­er pay­ment instru­ment (e.g. Pay­Pal and Face­book Cred­its) by minors;

c. You shall not have more than one Account, per plat­form or SNS, at any given time, and shall not cre­ate an account using a false iden­ti­ty or infor­ma­tion, or on behalf of some­one oth­er than your­self;

d. You shall not cre­ate an Account or use the Ser­vice if you are a con­vict­ed sex offend­er;

e. You shall not have an Account or use the Ser­vice if you have pre­vi­ous­ly been removed by Sirqul or pre­vi­ous­ly been banned from play­ing any Sirqul game;

f. You shall not use the Ser­vice if you are locat­ed in a coun­try embar­goed by the Unit­ed States or if you are on the U.S. Trea­sury Department’s list of Spe­cial­ly Des­ig­nat­ed Nation­als.

g. You shall use your Account only for non-com­mer­cial pur­pos­es;

h. You shall not use your Account to adver­tise, solic­it, or trans­mit any com­mer­cial adver­tise­ments, includ­ing chain let­ters, junk e-mail or repet­i­tive mes­sages (spim and spam) to any­one;

i. You shall not use your Account to engage in any ille­gal con­duct;

j. You shall not sub­li­cense, rent, lease, sell, trade, gift, bequeath or oth­er­wise trans­fer your Account or any Vir­tu­al Items asso­ci­at­ed

with your Account to any­one with­out Sirqul’s writ­ten per­mis­sion;

k. You shall not access or use an Account or Vir­tu­al Items that have been sub­li­censed, rent­ed, leased, sold, trad­ed, gift­ed, bequeathed, or oth­er­wise trans­ferred from the orig­i­nal Account cre­ator with­out Sirqul’s per­mis­sion; and

l. If you access the Ser­vice from an SNS you shall com­ply with its terms of service/use as well as the­se Terms of Ser­vice.

1.7. Account Information

When cre­at­ing or updat­ing an Account on the Ser­vice, you may be required to provide Sirqul with cer­tain per­son­al infor­ma­tion, which may include your name, birth date, e-mail address, and, in some cas­es, pay­ment infor­ma­tion. This infor­ma­tion will be held and used in accor­dance with Sirqul’s Pri­va­cy Pol­i­cy and rel­e­vant “just-in-time” notices, if any, pro­vid­ed at the point of infor­ma­tion col­lec­tion or use. You agree that you will sup­ply accu­rate and com­plete infor­ma­tion to Sirqul, and that you will update that infor­ma­tion prompt­ly after it changes.

You under­stand that on cer­tain Sirqul web­sites your user ID num­ber, name and pro­file pic­ture will be pub­licly avail­able and that search engi­nes may index your name and pro­file pho­to.

1.8. Username and Password

Dur­ing the Account cre­ation process, you may be required to select a pass­word (“Login Infor­ma­tion”). The fol­low­ing rules gov­ern the secu­ri­ty of your Login Infor­ma­tion:

a. You shall not share the Account or the Login Infor­ma­tion, let any­one else access your account, or do any­thing else that might jeop­ar­dize the secu­ri­ty of your Account;

b. In the event you become aware of or rea­son­ably sus­pect any breach of secu­ri­ty, includ­ing with­out lim­i­ta­tion any loss, theft, or unau­tho­rized dis­clo­sure of the Login Infor­ma­tion, you must imme­di­ate­ly noti­fy Sirqul and mod­i­fy your Login Infor­ma­tion;

c. You are sole­ly respon­si­ble for main­tain­ing the con­fi­den­tial­i­ty of the Login Infor­ma­tion, and you will be respon­si­ble for all uses of the Login Infor­ma­tion, includ­ing pur­chas­es, whether or not autho­rized by you; and

d. You are respon­si­ble for any­thing that hap­pens through your Account.

Sirqul reserves the right to remove or reclaim any user­names at any time and for any rea­son, includ­ing but not lim­it­ed to claims by a third par­ty that a user­name vio­lates such third party’s rights.

1.9. License Limitations

Any use of the Ser­vice in vio­la­tion of the­se License Lim­i­ta­tions is strict­ly pro­hib­it­ed, can result in the imme­di­ate revo­ca­tion of your lim­it­ed license grant­ed by Sec­tion 1.4, and may sub­ject you to lia­bil­i­ty for vio­la­tions of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SIRQUL GAME IS A VIOLATION OF SIRQUL POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any cir­cum­stances:

a. Engage in any act that Sirqul deems to be in con­flict with the spir­it or intent of the Ser­vice, includ­ing but not lim­it­ed to cir­cum­vent­ing or manip­u­lat­ing the­se Terms, our game rules, game mechan­ics or poli­cies;

b. Make improp­er use of Sirqul’s sup­port ser­vices, includ­ing by sub­mit­ting false abuse reports or using pro­fane and abu­sive lan­guage in your com­mu­ni­ca­tions with our sup­port per­son­nel; or

c. Use the Ser­vice, inten­tion­al­ly or unin­ten­tion­al­ly, in con­nec­tion with any vio­la­tion of any applic­a­ble law or reg­u­la­tion, or do any­thing that pro­motes the vio­la­tion of any applic­a­ble law or reg­u­la­tion;

CHEATING AND HACKING — You agree that you will not, under any cir­cum­stances:

d. Use cheats, exploits, automa­tion soft­ware, bots, hacks, mods or any unau­tho­rized third par­ty soft­ware designed to mod­i­fy or inter­fere with the Ser­vice or any Sirqul game expe­ri­ence;

e. Use the Ser­vice in order to design or assist in the design of cheats, automa­tion soft­ware, bots, hacks, mods or any oth­er unau­tho­rized third par­ty soft­ware designed to mod­i­fy or inter­fere with the Ser­vice or any Sirqul game expe­ri­ence;

f. With­out Sirqul’s express writ­ten con­sent, mod­i­fy or cause to be mod­i­fied any files that are a part of the Ser­vice;

g. Dis­rupt, over­bur­den, or aid or assist in the dis­rup­tion or over­bur­den­ing of (1) any com­put­er or server used to offer or sup­port the Ser­vice or any Sirqul game envi­ron­ment (each a “Server”); or (2) the enjoy­ment of the Ser­vice or any Sirqul game by any oth­er per­son;

h. Insti­tute, assist or become involved in any type of attack, includ­ing with­out lim­i­ta­tion dis­tri­b­u­tion of a virus, denial of ser­vice attacks upon the Ser­vice, or oth­er attempts to dis­rupt the Ser­vice or any oth­er person’s use or enjoy­ment of the Ser­vice; or

i. Attempt to gain unau­tho­rized access to the Ser­vice, Accounts reg­is­tered to oth­ers or to the com­put­ers, Servers, or net­works con­nect­ed

to the Ser­vice by any means oth­er than the user inter­face pro­vid­ed by Sirqul, includ­ing but not lim­it­ed to, by cir­cum­vent­ing or mod­i­fy­ing, attempt­ing to cir­cum­vent or mod­i­fy, or encour­ag­ing or assist­ing any oth­er per­son to cir­cum­vent or mod­i­fy, any secu­ri­ty, tech­nol­o­gy, device, or soft­ware that is part of the Ser­vice;

OFFENSIVE OR INFRINGING CONTENT — You agree that you will not, under any cir­cum­stances:

j. Post any infor­ma­tion that is abu­sive, threat­en­ing, obscene, defam­a­to­ry, libelous, or racial­ly, sex­u­al­ly, reli­gious­ly, or oth­er­wise objec­tion­able or offen­sive;

k. Post any infor­ma­tion that con­tains nudi­ty, exces­sive vio­lence, or offen­sive sub­ject mat­ter or that con­tains a link to such con­tent;

l. Attempt to, or harass, abuse, or harm, or advo­cate or incite harass­ment, abuse or harm of anoth­er per­son, group, includ­ing Sirqul employ­ees, includ­ing Sirqul’s cus­tomer ser­vice rep­re­sen­ta­tives; or

m. Make avail­able through the Ser­vice any mate­ri­al or infor­ma­tion that infringes any copy­right, trade­mark, patent, trade secret, right of pri­va­cy, right of pub­lic­i­ty, or oth­er right of any per­son or enti­ty or imper­son­ates any oth­er per­son, includ­ing with­out lim­i­ta­tion a

Sirqul employ­ee;

COMMERCIAL ACTIVITY — You agree that you will not, under any cir­cum­stances:

n. With­out Sirqul’s express writ­ten con­sent, use the Ser­vice or any part there­of for any com­mer­cial pur­pose, includ­ing but not lim­it­ed to (1) com­mu­ni­cat­ing or facil­i­tat­ing any com­mer­cial adver­tise­ment or solic­i­ta­tion, or (2) gath­er­ing or trans­fer­ring Vir­tu­al Items for sale;

o. Use the Ser­vice or any part there­of for per­form­ing in-game ser­vices, such as pow­er-lev­el­ing and item col­lec­tion ser­vices, in exchange for pay­ment out­side the Ser­vice; or

p. Trans­mit unau­tho­rized com­mu­ni­ca­tions through the Ser­vice, includ­ing junk mail, chain let­ters, spam and any mate­ri­als that pro­mote mal­ware, spy­ware and down­load­able items;

UNAUTHORIZED USE OR CONNECTION TO THE SERVICE — You agree that you will not, under any cir­cum­stances:

q. Inter­fere or attempt to inter­fere with the prop­er func­tion­ing of the Ser­vice or con­nect to or use the Ser­vice in any way not express­ly per­mit­ted by the­se Terms of Ser­vice;

r. Use any unau­tho­rized third par­ty soft­ware that access­es, inter­cepts, “mines”, or oth­er­wise col­lects infor­ma­tion from or through the Ser­vice or that is in tran­sit from or to the Ser­vice, includ­ing, with­out lim­i­ta­tion, any soft­ware that reads areas of RAM or streams of net­work traf­fic used by the Ser­vice to store infor­ma­tion about Sirqul game char­ac­ters, ele­ments, or envi­ron­ment. Sirqul may, at its sole and absolute dis­cre­tion, allow the use of cer­tain third par­ty user inter­faces;

s. Inter­cept, exam­ine or oth­er­wise observe any pro­pri­etary com­mu­ni­ca­tions pro­to­col used by a client, a Server, or the Ser­vice, whether through the use of a net­work ana­lyz­er, pack­et snif­fer or oth­er device;

t. Make any auto­mat­ed use of the sys­tem, or take any action that impos­es or may impose (in our sole dis­cre­tion) an unrea­son­able or dis­pro­por­tion­ate­ly large load on our infra­struc­ture;

u. Bypass any robot exclu­sion head­ers or oth­er mea­sures We employ to restrict access to the ser­vice or use any soft­ware, tech­nol­o­gy, or device to send con­tent or mes­sages, scrape, spi­der, or crawl the Ser­vice, or har­vest or manip­u­late data;

v. Use, facil­i­tate, cre­ate, or main­tain any unau­tho­rized con­nec­tion to the Ser­vice, includ­ing with­out lim­i­ta­tion (1) any con­nec­tion to any unau­tho­rized server that emu­lates, or attempts to emu­late any part of the Ser­vice; or (2) any con­nec­tion using pro­grams, tools, or soft­ware not express­ly approved by Sirqul;

w. Except where per­mit­ted by law or rel­e­vant open source licens­es, reverse engi­neer, decom­pile, dis­as­sem­ble, deci­pher or oth­er­wise attempt to derive the source code for any under­ly­ing soft­ware or oth­er intel­lec­tu­al prop­er­ty used to provide the Ser­vice, or to obtain any infor­ma­tion from the Ser­vice using any method not express­ly per­mit­ted by Sirqul; or

x. Copy, mod­i­fy or dis­trib­ute rights or con­tent from any Sirqul site or game, or Sirqul’s copy­rights or trade­marks or use any method to copy or dis­trib­ute the con­tent of the Ser­vice except as specif­i­cal­ly allowed in the­se Terms of Ser­vice;

COLLECTION AND PUBLICATION OF PERSONAL INFORMATION — You agree that you will not, under any cir­cum­stances:

y. Solic­it or attempt to solic­it per­son­al infor­ma­tion from oth­er users of the Ser­vice;

z. Col­lect, har­vest or post anyone’s pri­vate infor­ma­tion, includ­ing per­son­al­ly iden­ti­fi­able infor­ma­tion (whether in text, image or video form), iden­ti­fi­ca­tion doc­u­ments, or finan­cial infor­ma­tion through the Ser­vice; or

aa. upload or trans­mit or attempt to upload or trans­mit, with­out Sirqul’s express per­mis­sion, any mate­ri­al that acts as a pas­sive or active infor­ma­tion col­lec­tion or trans­mis­sion mech­a­nism, includ­ing, with­out lim­i­ta­tion, clear graph­ics inter­change for­mats (“gifs”), 1x1 pix­els, web bugs, cook­ies or oth­er sim­i­lar devices (some­times referred to as “spy­ware,” “pas­sive col­lec­tion mech­a­nisms” or “pcms”).

1.10. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, SIRQUL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR SIRQUL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SIRQUL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

Sirqul reserves the right to stop offer­ing and/or sup­port­ing the Ser­vice or a par­tic­u­lar game or part of the Ser­vice at any time either per­ma­nent­ly or tem­porar­i­ly, at which point your license to use the Ser­vice or a part there­of will be auto­mat­i­cal­ly ter­mi­nat­ed or sus­pend­ed. In such event, Sirqul shall not be required to provide refunds, ben­e­fits or oth­er com­pen­sa­tion to users in con­nec­tion with such dis­con­tin­ued ele­ments of the Ser­vice.

Ter­mi­na­tion of your Account can include dis­abling your access to the Ser­vice or any part there­of includ­ing any con­tent you sub­mit­ted or oth­ers sub­mit­ted.

You may can­cel any Account reg­is­tered to you at any time by fol­low­ing the instruc­tions at Sirqul.com.

1.11. Ownership

1.11.1. Games and Ser­vice

The Ser­vice (includ­ing with­out lim­i­ta­tion any games, titles, com­put­er code, themes, objects, char­ac­ters, char­ac­ter names, sto­ries, dia­logue, catch phras­es, con­cepts, art­work, ani­ma­tions, sounds, musi­cal com­po­si­tions, audio-visu­al effects, meth­ods of oper­a­tion, moral rights, doc­u­men­ta­tion, in-game chat tran­scripts, char­ac­ter pro­file infor­ma­tion, record­ings of games played using a Sirqul game client, and the Sirqul game clients and server soft­ware) are copy­right­ed works owned by Sirqul Inc. Sirqul reserves all rights, includ­ing with­out lim­i­ta­tion, all intel­lec­tu­al prop­er­ty rights or oth­er pro­pri­etary rights, in con­nec­tion with the Ser­vice.

1.11.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SIRQUL. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH SIRQUL WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

1.11.3. Vir­tu­al Items

Sirqul owns, has licensed, or oth­er­wise has rights to use all of the con­tent that appears in the Ser­vice. Notwith­stand­ing any pro­vi­sion to the con­trary here­in, you agree that you have no right or title in or to any con­tent that appears in the Ser­vice, includ­ing with­out lim­i­ta­tion the Vir­tu­al Items appear­ing or orig­i­nat­ing in any Sirqul game, whether “earned” in a game or “pur­chased” from Sirqul, or any oth­er attrib­ut­es asso­ci­at­ed with an Account or stored on the Ser­vice.

Sirqul pro­hibits and does not rec­og­nize any pur­port­ed trans­fers of Vir­tu­al Items effec­tu­at­ed out­side of the Ser­vice, or the pur­port­ed sale, gift or trade in the “real world” of any­thing that appears or orig­i­nates in the Ser­vice, unless oth­er­wise express­ly autho­rized by Sirqul in writ­ing. Accord­ing­ly, you may not sub­li­cense, trade, sell or attempt to sell in-game Vir­tu­al Items for “real” mon­ey, or exchange Vir­tu­al Items for val­ue of any kind out­side of a game, with­out Sirqul’s writ­ten per­mis­sion. Any such trans­fer or attempt­ed trans­fer is pro­hib­it­ed and void, and will sub­ject your Account to ter­mi­na­tion.

1.11.4. User Con­tent

“User Con­tent” means any com­mu­ni­ca­tions, images, sounds, and all the mate­ri­al, data, and infor­ma­tion that you upload or trans­mit through a Sirqul game client or the Ser­vice, or that oth­er users upload or trans­mit, includ­ing with­out lim­i­ta­tion any chat text.

By trans­mit­ting or sub­mit­ting any User Con­tent while using the Ser­vice, you affirm, rep­re­sent and war­rant that such trans­mis­sion or sub­mis­sion is (a) accu­rate and not con­fi­den­tial; (b) not in vio­la­tion of any applic­a­ble laws, con­trac­tu­al restric­tions or oth­er third par­ty rights, and that you have per­mis­sion from any third par­ty whose per­son­al infor­ma­tion or intel­lec­tu­al prop­er­ty is com­prised in the User Con­tent; © free of virus­es, adware, spy­ware, worms or oth­er mali­cious code; and (d) you acknowl­edge and agree that any of your per­son­al infor­ma­tion with­in such con­tent will at all times be processed by Sirqul in accor­dance with its Pri­va­cy Pol­i­cy.

You own your User Con­tent. You here­by grant Sirqul and its Affil­i­ates a per­pet­u­al and irrev­o­ca­ble (oth­er than as pro­vid­ed below), world­wide, ful­ly paid-up and roy­al­ty free, non-exclu­sive, unlim­it­ed license, includ­ing the right to sub­li­cense and assign to third par­ties, and right to copy, repro­duce, fix, adapt, mod­i­fy, improve, trans­late, refor­mat, cre­ate deriv­a­tive works from, man­u­fac­ture, intro­duce into cir­cu­la­tion, com­mer­cial­ize, 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, in any way now known or in the future dis­cov­ered, your User Con­tent as well as all mod­i­fied and deriv­a­tive works there­of in con­nec­tion with our pro­vi­sion of the Ser­vice, includ­ing mar­ket­ing and pro­mo­tions there­of.

To the extent per­mit­ted by applic­a­ble laws, you here­by waive any moral rights you may have in any User Con­tent. The license you grant Us to use user post­ed con­tent (except any con­tent you sub­mit in respon­se to Sirqul pro­mo­tions and com­pe­ti­tions or any oth­er con­tent specif­i­cal­ly solicit­ed by Sirqul) ends when you delete your User Con­tent or you close your Account unless your User Con­tent has been shared with oth­ers, and they have not delet­ed it. How­ev­er, you under­stand and accept that removed con­tent may per­sist in back-up copies for a rea­son­able peri­od of time.

2. USER CONTENT

2.1. Content Screening

You are entire­ly respon­si­ble for all User Con­tent you post or oth­er­wise trans­mit via the Ser­vice. Sirqul assumes no respon­si­bil­i­ty for the con­duct of any user sub­mit­ting any User Con­tent, and assumes no respon­si­bil­i­ty for mon­i­tor­ing the Ser­vice for inap­pro­pri­ate or ille­gal con­tent or con­duct.

We have no oblig­a­tion to mon­i­tor User Con­tent. If We choose at any time, in our sole dis­cre­tion, to mon­i­tor the Ser­vice, We have the right, in our sole dis­cre­tion, to edit, refuse to post, or remove any User Con­tent and We may mon­i­tor and/or record your inter­ac­tion with the Ser­vice or com­mu­ni­ca­tions (includ­ing with­out lim­i­ta­tion chat text and voice com­mu­ni­ca­tions) when you are using the Ser­vice. By enter­ing into the­se Terms of Ser­vice, you here­by provide your irrev­o­ca­ble con­sent to such mon­i­tor­ing and record­ing.

2.2. Information Use by Other Members of the Service

2.2.1. Pub­lic Dis­course amp; Unso­licit­ed Ideas

The Ser­vice may include var­i­ous forums, blogs and chat fea­tures where you can post User Con­tent, includ­ing your obser­va­tions and com­ments on des­ig­nat­ed top­ics. Sirqul can­not guar­an­tee that oth­er mem­bers will not use the ideas and infor­ma­tion that you share. There­fore, if you have an idea or infor­ma­tion that you would like to keep con­fi­den­tial and/or don’t want oth­ers to use, do not post it on the Ser­vice. Sirqul shall have no respon­si­bil­i­ty to eval­u­ate, use or com­pen­sate you for any ideas or infor­ma­tion you may choose to sub­mit.

If you sub­mit sug­ges­tions, pro­pos­als, com­ments or oth­er mate­ri­als (col­lec­tive­ly “Sub­mis­sions”) with­in the Ser­vice you under­stand and agree that Sirqul (1) shall have no oblig­a­tion to keep your Sub­mis­sions con­fi­den­tial; (2) shall have no oblig­a­tion to return your Sub­mis­sions or respond in any way; and (3) may use your Sub­mis­sions for any pur­pose in any way with­out notice or com­pen­sa­tion to you.

SIRQUL IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

2.2.2. Respon­si­ble For Your Own Con­tent

You are sole­ly respon­si­ble for the infor­ma­tion that you post on, through or in con­nec­tion with the Ser­vice and that you provide to oth­ers.

Infor­ma­tion, mate­ri­als, prod­ucts or ser­vices pro­vid­ed by oth­er users (for instance, in their pro­files) may, in whole or in part, be unau­tho­rized, imper­mis­si­ble or oth­er­wise vio­late the­se Terms of Ser­vice, and Sirqul assumes no respon­si­bil­i­ty or lia­bil­i­ty for this mate­ri­al. If you become aware of mis­use of the Ser­vice by any per­son, please use any “Report Abuse” link pro­vid­ed or con­tact us at Cus­tomer Sup­port.

Sirqul may reject, refuse to post or delete any User Con­tent for any or no rea­son, includ­ing, but not lim­it­ed to, User Con­tent that in the sole judg­ment of Sirqul may vio­late the­se Terms of Ser­vice.

Sirqul reserves the right to lim­it the stor­age capac­i­ty of User Con­tent that you post on, through or in con­nec­tion with the Ser­vice.

2.3. Disclosure

Your infor­ma­tion, and the con­tents of all of your online com­mu­ni­ca­tions (includ­ing with­out lim­i­ta­tion chat text, voice com­mu­ni­ca­tions, IP address­es and your per­son­al infor­ma­tion) may be accessed and mon­i­tored as nec­es­sary to provide the Ser­vice and may be dis­closed: (i) when We have a good faith belief that We are required to dis­close the infor­ma­tion in respon­se to legal process (for exam­ple, a court order, search war­rant or sub­poe­na); (ii) to sat­is­fy any applic­a­ble laws or reg­u­la­tions (iii) where We believe that the Ser­vice is being used in the com­mis­sion of a crime, includ­ing to report such crim­i­nal activ­i­ty or to exchange infor­ma­tion with oth­er com­pa­nies and orga­ni­za­tions for the pur­pos­es of fraud pro­tec­tion and cred­it risk reduc­tion; (iv) when We have a good faith belief that there is an emer­gen­cy that pos­es a threat to the health and/or safe­ty of you, anoth­er per­son or the pub­lic gen­er­al­ly; and (v) in order to pro­tect the rights or prop­er­ty of Sirqul, includ­ing to enforce our Terms of Ser­vice. By enter­ing into the­se Terms of Ser­vice, you here­by provide your irrev­o­ca­ble con­sent to such mon­i­tor­ing, access and dis­clo­sure.

2.4. User Interactions

2.4.1 Mem­ber Dis­putes

You are sole­ly respon­si­ble for your inter­ac­tions with oth­er users of the Ser­vice and any oth­er par­ties with whom you inter­act through the Ser­vice and/or Sirqul games. Sirqul reserves the right, but has no oblig­a­tion, to become involved in any way with the­se dis­putes.

2.4.2 Release

If you have a dis­pute with one or more users, you release Us (and our offi­cers, direc­tors, agents, sub­sidiaries, joint ven­tures and employ­ees) from claims, demands and dam­ages (actu­al and con­se­quen­tial) of every kind and nature, known and unknown, aris­ing out of or in any way con­nect­ed with such dis­putes, includ­ing dam­ages for loss of prof­its, good­will, use or data. If you are a Cal­i­for­nia res­i­dent, you waive Cal­i­for­nia Civil Code §1542, which says: “A gen­er­al release does not extend to claims which the cred­i­tor does not know or sus­pect to exist in his or her favor at the time of exe­cut­ing the release, which if known by him or her must have mate­ri­al­ly affect­ed his set­tle­ment with the debtor.”

3. FEES AND PURCHASE TERMS

3.1. Purchases

In the Ser­vice you may pur­chase, with “real world” mon­ey, a license to use Vir­tu­al Items and or oth­er goods or ser­vices. You may also obtain a license to use Vir­tu­al Items by redeem­ing Sirqul game cards or third par­ty vir­tu­al cur­ren­cy, such as Face­book Cred­its.

PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.

You can license Vir­tu­al Items by vis­it­ing the pur­chase page in one of our games, pro­vid­ing your billing infor­ma­tion, con­firm­ing the par­tic­u­lars of your pur­chase and re-affirm­ing your agree­ment to the­se Terms. When you pur­chase a license to Vir­tu­al Items from our Ser­vice, We may send you a con­fir­ma­to­ry e-mail that will con­tain details of the items you have ordered. Please check that the details in the con­fir­ma­to­ry e-mail are cor­rect as soon as pos­si­ble and main­tain a copy of it for your records. Sirqul keeps records of trans­ac­tions in order to deal with any sub­se­quent queries. If you pur­chase Face­book Cred­its from Face­book, you are agree­ing to Facebook’s Pay­ment Terms and Sirqul is not a par­ty to the trans­ac­tion.

For Vir­tu­al Items, your order will rep­re­sent an offer to us to pur­chase a license for the rel­e­vant service(s) which will be accept­ed by us when We make the Vir­tu­al Items avail­able in your account for you to use in our games or deb­it your cred­it card, whichev­er comes first.

Your license to Vir­tu­al Items for use in Sirqul games is a ser­vice pro­vid­ed by Sirqul that com­mences upon accep­tance by Sirqul of your pur­chase or redemp­tion of third par­ty vir­tu­al cur­ren­cy. By order­ing a license to use Vir­tu­al Items you agree and accept that Sirqul will provide it to you prompt­ly fol­low­ing com­ple­tion of your pur­chase. If you reside in the Euro­pean Union and you pur­chase a pro­duct or ser­vice from Sirqul, you may have the right to with­draw from a pur­chase with­in sev­en cal­en­dar days, com­menc­ing on the day after the date of pur­chase (the “Cool­ing Off Peri­od”). How­ev­er, you lose your right of with­drawal if the per­for­mance of the ser­vices begins before the end of the Cool­ing Off Peri­od. Accord­ing­ly, please note that if you pur­chase a license to use Vir­tu­al Items from Us, your right of with­drawal is lost as the per­for­mance of our ser­vices begins prompt­ly once your pur­chase is com­plet­ed.

3.2. Payment of Fees

You agree to pay all fees and applic­a­ble tax­es incurred by you or any­one using an Account reg­is­tered to you. Sirqul may revise the pric­ing for the goods and ser­vices it licens­es to you through the Ser­vice at any time. YOU ACKNOWLEDGE THAT SIRQUL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

3.3 Competitions, Ticket Winnings, and Account Funds

If you play games inte­grat­ed in a Com­pe­ti­tion deposit­ing or pur­chas­ing Sirqul Tick­ets into your Account for that Com­pe­ti­tion, then you are a “Com­pe­ti­tion Play­er” with respect to such Com­pe­ti­tion. Par­tic­i­pat­ing in Tick­et Com­pe­ti­tions may, in our sole dis­cre­tion, require estab­lish­ing an Account bal­ance of Tick­ets in any amount we deter­mine. If you are a Com­pe­ti­tion Play­er then we may, from time to time in our sole dis­cre­tion, grant you Bonus Tick­ets. Bonus Tick­ets can be used to enter Tick­et Com­pe­ti­tions, but can­not be with­drawn or used for any oth­er Ser­vice.

If you are a Tick­et Play­er, you may use your Tick­et funds to pur­chase dig­i­tal rewards such as gift cards and oth­er gift rewards, but can­not be with­drawn or used for any oth­er Ser­vice. Tick­et funds can­not be used to with­draw real cash, and do not hold any mon­e­tary val­ue out­side of the Sirqul ser­vice.

If you are eli­gi­ble to receive Tick­et Win­nings, we may require that you provide us with proof that you are, or were at the time of your par­tic­i­pa­tion in the sub­ject Com­pe­ti­tion, eli­gi­ble to par­tic­i­pate in accor­dance with the­se Terms and that your par­tic­i­pa­tion was in accor­dance with the­se Terms. If you do not provide us with such proof to our rea­son­able sat­is­fac­tion, then you will not receive the rel­e­vant Tick­et Win­nings.

When you pay for any Tick­ets by cred­it card, you rep­re­sent to us that you are the autho­rized user of such cred­it card. You must prompt­ly noti­fy us of any changes to your cred­it card account num­ber, its expi­ra­tion date and/or your billing address, or if your cred­it card expires or is can­celed for any rea­son. We are not liable for any loss caused by any unau­tho­rized use of your cred­it card or oth­er method of pay­ment by a third par­ty (such as Pay­Pal) in con­nec­tion with the Ser­vices. Any attempt to defraud through the use of cred­it cards or oth­er meth­ods of pay­ment, regard­less of the out­come, or any fail­ure by you to hon­or legit­i­mate charges or requests for pay­ment, will result in imme­di­ate ter­mi­na­tion of your Account, and for­fei­ture of Tick­et Win­nings.

3.4 Compliance with Laws

You acknowl­edge that var­i­ous rules, reg­u­la­tions and laws address­ing sweep­stakes, con­tests, and tour­na­ments with entry fees and/or prizes gov­ern your par­tic­i­pa­tion in Com­pe­ti­tions (“Gam­ing Laws”), and that Gam­ing Laws are set up by each indi­vid­u­al US state, coun­try, ter­ri­to­ry, or juris­dic­tion. There­fore, we DO NOT offer Cash Com­pe­ti­tions (as defined in sec­tion 8.3) to users par­tic­i­pat­ing in Com­pe­ti­tions in any state in which such Com­pe­ti­tion vio­lates its Gam­ing Laws (“Pro­hib­it­ed Juris­dic­tion”), and if you are locat­ed in any Pro­hib­it­ed Juris­dic­tion then you may not par­tic­i­pate in Cash Com­pe­ti­tions. In the Unit­ed States, Pro­hib­it­ed Juris­dic­tions, as of the “Updat­ed” date above, include: Ari­zona, Arkansas, Con­necti­cut, Delaware, Flori­da, Illi­nois, Iowa, Louisiana, Mary­land, Mon­tana, South Car­oli­na, South Dako­ta, and Ten­nessee. It is your respon­si­bil­i­ty to deter­mine whether the state, coun­try, ter­ri­to­ry or juris­dic­tion in which you are locat­ed is a Pro­hib­it­ed Juris­dic­tion. We reserve the right (but have no oblig­a­tion) to mon­i­tor the loca­tion from which you access Ser­vices, and we may block access from any Pro­hib­it­ed Juris­dic­tion. Each time you log in to par­tic­i­pate in a Cash Com­pe­ti­tion, you must accu­rate­ly con­firm the loca­tion from which you are play­ing.

In addi­tion to Gam­ing Laws, you are also sub­ject to all munic­i­pal, state and fed­er­al laws, rules and reg­u­la­tions of the city, state and coun­try in which you reside and from which you access and use Ser­vices, includ­ing with­out lim­i­ta­tion U.S. export laws (togeth­er with Gam­ing Laws, the “Applic­a­ble Laws”). You are sole­ly respon­si­ble for your com­pli­ance with all Applic­a­ble Laws. Access to Com­pe­ti­tions may not be legal for some or all res­i­dents of, or per­sons present in, cer­tain juris­dic­tions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your par­tic­i­pa­tion in Com­pe­ti­tions is at your own risk, and you agree not to hold us respon­si­ble or liable if Applic­a­ble Laws restrict or pro­hibit your access or par­tic­i­pa­tion.

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.

4. THIRD PARTY ADVERTISING

4.1. Third Party Advertisements

You under­stand that the Ser­vice and Sirqul games may fea­ture adver­tise­ments from Sirqul or third par­ties. Sirqul’s dis­clo­sure of infor­ma­tion for third par­ty adver­tis­ing is addressed in Sirqul’s Pri­va­cy Pol­i­cy.

4.2. Links to Third Party Sites and Dealings With Advertisers

Sirqul may provide links on the Ser­vice to third par­ty web­sites or ven­dors who may invite you to par­tic­i­pate in a pro­mo­tion­al offer in return for receiv­ing an option­al com­po­nent of the Ser­vice and/or upgrades (such as in-game cur­ren­cy). Any charges or oblig­a­tions you incur in your deal­ings with the­se third par­ties are your respon­si­bil­i­ty. Sirqul makes no rep­re­sen­ta­tion or war­ran­ty regard­ing any con­tent, goods and/or ser­vices pro­vid­ed by any third par­ty even if linked to from our Ser­vice, and will not be liable for any claim relat­ing to any third par­ty con­tent, goods and/or ser­vices. The linked sites are not under the con­trol of Sirqul and may col­lect data or solic­it per­son­al infor­ma­tion from you. Sirqul is not respon­si­ble for their con­tent, busi­ness prac­tices or pri­va­cy poli­cies, or for the col­lec­tion, use or dis­clo­sure of any infor­ma­tion those sites may col­lect. Fur­ther, the inclu­sion of any link does not imply endorse­ment by Sirqul of the­se linked sites.

5. COPYRIGHT NOTICES/COMPLAINTS

It is Sirqul’s pol­i­cy to respond to notices of alleged copy­right infringe­ment that com­ply with the Dig­i­tal Mil­len­ni­um Copy­right Act (“DMCA”). For more infor­ma­tion, please go to Sirqul’s Copy­right Page to review our DMCA Noti­fi­ca­tion Guide­li­nes. Sirqul reserves the right to ter­mi­nate with­out notice any User’s access to the Ser­vice if that User is deter­mined by Sirqul, in its sole dis­cre­tion, to be a “repeat infringer.” In addi­tion, Sirqul accom­mo­dates and does not inter­fere with stan­dard tech­ni­cal mea­sures used by copy­right own­ers to pro­tect their mate­ri­als.

6. UPDATES TO THE SERVICE

You under­stand that the Ser­vice is an evolv­ing one. Sirqul may require that you accept updates to the Ser­vice and to Sirqul’s games you have installed on your com­put­er or mobile device. You acknowl­edge and agree that Sirqul may update the Ser­vice with or with­out noti­fy­ing you. You may need to update third par­ty soft­ware from time to time in order to receive the Ser­vice and play Sirqul’s Games.

7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

7.1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER SIRQUL NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “SIRQUL PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

7.2. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE SIRQUL PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SIRQUL PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SIRQUL PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE SIRQUL PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID SIRQUL IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SIRQUL ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SIRQUL IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF SIRQUL.

7.3. Indemnification

You agree to indem­ni­fy, save, and hold Sirqul, its affil­i­at­ed com­pa­nies, con­trac­tors, employ­ees, agents and its third-par­ty sup­pli­ers, licen­sors, and part­ners harm­less from any claims, loss­es, dam­ages, lia­bil­i­ties, includ­ing legal fees and expens­es, aris­ing out of your use or mis­use of the Ser­vice, any vio­la­tion by you of the­se Terms of Ser­vice, or any breach of the rep­re­sen­ta­tions, war­ranties, and covenants made by you here­in. Sirqul reserves the right, at your expense, to assume the exclu­sive defense and con­trol of any mat­ter for which you are required to indem­ni­fy Sirqul, and you agree to coop­er­ate with Sirqul’s defense of the­se claims. Sirqul will use rea­son­able efforts to noti­fy you of any such claim, action, or pro­ceed­ing upon becom­ing aware of it.

You agree that the pro­vi­sions in this para­graph will sur­vive any ter­mi­na­tion of your Account(s) or of the Ser­vice.

8. DISPUTE RESOLUTION

8.1. General

If a dis­pute aris­es between you and Sirqul, our goal is to provide you with a neu­tral and cost effec­tive means of resolv­ing the dis­pute quick­ly. Accord­ing­ly, you and Sirqul agree that We will resolve any claim or con­tro­ver­sy at law or equi­ty that aris­es out of this Agree­ment or the Ser­vice (a “Claim”) in accor­dance with one of the sub­sec­tions below or as We and you oth­er­wise agree in writ­ing. Before resort­ing to the­se alter­na­tives, We strong­ly encour­age you to first con­tact Us direct­ly to seek a res­o­lu­tion by going to Cus­tomer Sup­port. We will con­sid­er rea­son­able requests to resolve the dis­pute through alter­na­tive dis­pute res­o­lu­tion pro­ce­dures, such as medi­a­tion or arbi­tra­tion, as alter­na­tives to lit­i­ga­tion.

8.2. Law and Forum for Legal Disputes

This Agree­ment and any dis­pute aris­ing out of or relat­ed to it or the Ser­vice shall be gov­erned in all respects by the laws of the State of Wash­ing­ton as they apply to agree­ments entered into and to be per­formed entire­ly with­in Wash­ing­ton between Wash­ing­ton res­i­dents, with­out regard to con­flict of law pro­vi­sions. You agree that any claim or dis­pute you may have again­st Sirqul must be resolved exclu­sive­ly by a state or fed­er­al court locat­ed in King Coun­ty, Wash­ing­ton, except as oth­er­wise agreed by the par­ties or as described in the Arbi­tra­tion Option para­graph below. You agree to sub­mit to the per­son­al juris­dic­tion of the courts locat­ed with­in King Coun­ty, Wash­ing­ton for the pur­pose of lit­i­gat­ing all such claims or dis­putes.

8.3. Arbitration Option

For any claim (exclud­ing claims for injunc­tive or oth­er equi­table relief) where the total amount of the award sought is less than $10,000, the par­ty request­ing relief may elect to resolve the dis­pute in a cost effec­tive man­ner through bind­ing non-appear­ance-based arbi­tra­tion. In the event a par­ty elects arbi­tra­tion, they shall ini­ti­ate such arbi­tra­tion through an estab­lished alter­na­tive dis­pute res­o­lu­tion (“ADR”) provider mutu­al­ly agreed upon by the par­ties. The ADR provider and the par­ties must com­ply with the fol­low­ing rules: (a) the arbi­tra­tion shall be con­duct­ed by tele­phone, online and/or be sole­ly based on writ­ten sub­mis­sions, and the speci­fic man­ner shall be cho­sen by the par­ty ini­ti­at­ing the arbi­tra­tion; (b) the arbi­tra­tion shall not involve any per­son­al appear­ance by the par­ties or wit­ness­es unless oth­er­wise mutu­al­ly agreed by the par­ties; and © any judg­ment on the award ren­dered by the arbi­tra­tor shall be final and may be entered in any court of com­pe­tent juris­dic­tion.

8.4. Improperly Filed Claims

All claims you bring again­st Sirqul must be resolved in accor­dance with this Legal Dis­putes Sec­tion. All claims filed or brought con­trary to Sec­tion 8.2 shall be con­sid­ered improp­er­ly filed. Should you file a claim con­trary to Sec­tion 8.2, Sirqul shall be enti­tled to recov­er attor­neys’ fees and costs up to $1000, pro­vid­ed that Sirqul has noti­fied you in writ­ing of the improp­er­ly filed claim, and you have failed to prompt­ly with­draw the claim.

9. SEVERABILITY

You and Sirqul agree that if any por­tion of the­se Terms of Ser­vice or of the Sirqul Pri­va­cy Pol­i­cy is found ille­gal or unen­force­able, in whole or in part by any court of com­pe­tent juris­dic­tion, such pro­vi­sion shall, as to such juris­dic­tion, be inef­fec­tive sole­ly to the extent of such deter­mi­na­tion of inva­lid­i­ty or unen­force­abil­i­ty with­out affect­ing the valid­i­ty or enforce­abil­i­ty there­of in any oth­er man­ner or juris­dic­tion and with­out affect­ing the remain­ing pro­vi­sions of the Terms, which shall con­tin­ue to be in full force and effect.

10. GENERAL PROVISIONS

10.1. Assignment

Sirqul may assign or del­e­gate the­se Terms of Ser­vice and/or the Sirqul Pri­va­cy Pol­i­cy, in whole or in part, to any per­son or enti­ty at any time with or with­out your con­sent. You may not assign or del­e­gate any rights or oblig­a­tions under the Terms of Ser­vice or Pri­va­cy Pol­i­cy with­out Sirqul’s pri­or writ­ten con­sent, and any unau­tho­rized assign­ment and del­e­ga­tion by you is void and inef­fec­tive.

10.2. Supplemental Policies

Sirqul may pub­lish addi­tion­al poli­cies relat­ed to speci­fic ser­vices such as appli­ca­tions for mobile devices, forums, con­tests or loy­al­ty pro­grams. Your right to use such ser­vices is sub­ject to those speci­fic poli­cies and the­se Terms of Ser­vice.

10.3. Entire Agreement

The­se Terms of Ser­vice, any sup­ple­men­tal poli­cies and any doc­u­ments express­ly incor­po­rat­ed by ref­er­ence here­in (includ­ing Sirqul’s Pri­va­cy Pol­i­cy), con­tain the entire under­stand­ing of you and Sirqul, and super­sede all pri­or under­stand­ings of the par­ties here­to relat­ing to the sub­ject mat­ter here­of, whether elec­tron­ic, oral or writ­ten, or whether estab­lished by cus­tom, prac­tice, pol­i­cy or prece­dent, between you and Us with respect to the Ser­vice.

10.4. Language of the Terms of Service

If we provide you with a trans­la­tion of the Eng­lish lan­guage ver­sion of the­se Terms of Ser­vice, the Sirqul Pri­va­cy Pol­i­cy or any oth­er pol­i­cy (col­lec­tive­ly “Sirqul Poli­cies”), then you agree that the trans­la­tion is pro­vid­ed for infor­ma­tion­al pur­pos­es only and does not mod­i­fy the Eng­lish lan­guage ver­sion of the Sirqul Poli­cies.

In the event of a con­flict between a trans­la­tion of the Sirqul Poli­cies and the Eng­lish ver­sion, the Eng­lish ver­sion of the Sirqul Poli­cies will con­trol.

10.5. No Waiver

The fail­ure of Sirqul to require or enforce strict per­for­mance by you of any pro­vi­sion of the­se Terms of Ser­vice or the Sirqul Pri­va­cy Pol­i­cy or fail­ure to exer­cise any right under them shall not be con­strued as a waiver or relin­quish­ment of Sirqul’s right to assert or rely upon any such pro­vi­sion or right in that or any oth­er instance.

The express waiver by Sirqul of any pro­vi­sion, con­di­tion, or require­ment of the­se Terms of Ser­vice or the Sirqul Pri­va­cy Pol­i­cy shall not con­sti­tute a waiver of any future oblig­a­tion to com­ply with such pro­vi­sion, con­di­tion or require­ment.

Except as express­ly and specif­i­cal­ly set forth in this the­se Terms of Ser­vice, no rep­re­sen­ta­tions, state­ments, con­sents, waivers, or oth­er acts or omis­sions by Sirqul shall be deemed a mod­i­fi­ca­tion of the­se Terms of Ser­vice nor be legal­ly bind­ing, unless doc­u­ment­ed in phys­i­cal writ­ing, hand signed by You and a duly appoint­ed offi­cer of Sirqul.

10.6. Notices

We may noti­fy you via post­ings on www.Sirqul.com, and via e-mail or any oth­er com­mu­ni­ca­tions means to con­tact infor­ma­tion you provide to Us. All notices given by you or required from you under the­se Terms of Ser­vice or the Sirqul Pri­va­cy Pol­i­cy shall be in writ­ing and addressed to: Sirqul Inc., Attn: LEGAL DEPARTMENT, 81 Vine Street, Suite 101, Seat­tle, WA 98121.

Any notices that you provide with­out com­pli­ance with this Sec­tion on Notices shall have no legal effect.

10.7. Equitable Remedies

You acknowl­edge that the rights grant­ed and oblig­a­tions made under the­se Terms of Ser­vice to Sirqul are of a unique and irre­place­able nature, the loss of which shall irrepara­bly harm Sirqul and which can­not be replaced by mon­e­tary dam­ages alone. Accord­ing­ly, Sirqul shall be enti­tled to injunc­tive or oth­er equi­table relief (with­out the oblig­a­tions of post­ing any bond or sure­ty or proof of dam­ages) in the event of any breach or antic­i­pa­to­ry breach by you.

You irrev­o­ca­bly waive all rights to seek injunc­tive or oth­er equi­table relief, or to enjoin or restrain the oper­a­tion of the Ser­vice or any Sirqul game, exploita­tion of any adver­tis­ing or oth­er mate­ri­als issued in con­nec­tion there­with, or exploita­tion of the Ser­vice or any con­tent or oth­er mate­ri­al used or dis­played through the Ser­vice and agree to lim­it your claims to claims for mon­e­tary dam­ages, lim­it­ed by Sec­tion 7.2 (if any).

10.8. Force Majeure

Sirqul shall not be liable for any delay or fail­ure to per­form result­ing from caus­es out­side the rea­son­able con­trol of Sirqul, includ­ing with­out lim­i­ta­tion any fail­ure to per­form here­un­der due to unfore­seen cir­cum­stances or cause beyond Sirqul’s con­trol such as acts of God, war, ter­ror­ism, riots, embar­goes, acts of civil or mil­i­tary author­i­ties, fire, floods, acci­dents, net­work infra­struc­ture fail­ures, strikes, or short­ages of trans­porta­tion facil­i­ties, fuel, ener­gy, labor or mate­ri­als.