Terms of Use

Updated on March 9, 2011

 

READ THIS FIRST!

Welcome to the Internet sites of Fuel Industries Inc. and its affiliates ("Fuel Industries", "we", "us" or "our"). "Fuel Site(s)" include SparkCityWorld.com and [SparkCityWorld.com/sparkcity] and other Internet sites on which these terms of use are posted. The use of the term "Fuel Sites" also includes a reference to Fuel Industries. We make available information, games, services and other materials on the Fuel Sites, subject to the following terms and conditions.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING AT THIS SITE. By accessing and using this site, or by clicking a box that states that you accept or agree to these terms of use, you signify your agreement to the terms and conditions as outlined in these Terms of Use. IF YOU ARE UNDER THE AGE OF MAJORITY IN THE PROVINCE, STATE, OR COUNTRY WHERE YOU LIVE (EIGHTEEN YEARS OF AGE IN MOST, BUT NOT ALL, JURISDICTIONS), YOU MUST HAVE A PARENT OR LEGAL GUARDIAN REVIEW THESE TERMS OF USE AND REGISTER FOR YOU. BY USING OR REGISTERING AT THIS SITE, YOU CONFIRM THAT YOUR PARENT OR LEGAL GUARDIAN HAS ALSO READ AND ACCEPTED THESE TERMS OF USE.

 

Table of Contents:

 

Special Information for Parents

If you are the parent or legal guardian of a person under the age of majority (a "child") who is using and/or has registered with this Fuel Site, you may contact us at support@SparkCityWorld.com.

If, when attempting to register at a Fuel Site, a child indicates that he or she is under the age of 13, their account will be flagged as a pending and we will inform them that the consent of their parent or legal guardian is required to activate a basic or VIP Membership account. Subject to applicable laws and depending on the purposes for which the child's personal information is collected, consent of a parent or legal guardian can be provided by either accepting our "Notice to Parents" e-mail or by sending us written consent via fax. More details regarding the collection and use of personal information is set out in our Privacy Policy.

Back to Top

 

Additional Terms and Conditions

Please note that special terms may apply to a particular Fuel Site or to material or services made available on a Fuel Site. These terms are posted in connection with the applicable material or service. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

Back to Top

 

Amendments to Terms of Use

We reserve the right to change these terms and conditions from time to time at our sole discretion by updating this posting, or by any other method of notice we deem appropriate. You agree to review these Terms of Use on at least a weekly basis to be aware of any changes. Unless otherwise stated, changes will be effective immediately upon posting or performance of another form of notice deemed appropriate by us. Any use of a Fuel Site by you after notice of changes to these Terms of Use constitutes acceptance by you of such changes.

Back to Top

 

IDs and Passwords

Fuel Sites may contain sections that restrict access to individuals that have been granted a user ID and/or password by us. Unless specifically stated otherwise, such user IDs and passwords, and the Materials (as described below) accessed through use of such user IDs and passwords are for personal use only and may not be disclosed to any other person. You are responsible for maintaining the confidentiality of any password you may use to access a Fuel Site, and agree not to transfer your user ID or password, or lend or otherwise transfer your use of or access to a Fuel Site, to any third party. You are fully responsible for all activity that occurs in connection with your user ID and password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or a Fuel Site, and to ensure that you "log/off"/exit a Fuel Site when not using the site. We reserve the right to revoke any user IDs and passwords, and any rights or privileges associated with them, at our sole discretion.

Back to Top

 

Privacy Policy

All collection and use of personal information provided to or collected via Fuel Sites is governed by our Privacy Policy.

Back to Top

 

Contests, Sweepstakes, Electronic Postcards, and Other Activities

We provide Rules of Participation for certain activities on Fuel Site's including, without limitation, contests, sweepstakes, and electronic postcards made available by Fuel Industries and in conjunction with third parties. The Terms of Use are incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between the Terms of Use and specific rules of participation, the rules of participation for the activity in which you choose to participate shall govern.

Back to Top

 

VIP Memberships and Purchased Items

The Fuel Site provides ability to register for a VIP Membership service, and as such, you agree that by completing the additional membership registration in the online service made available by the billing payment method provider ("Subscription"), you authorize us to charge applicable recurring VIP Membership fees to your designated billing payment method. Monthly VIP Memberships are billed on a thirty (30) day cycle, which begins upon the membership registration and ends thirty (30) days thereafter (each a "Membership Month"). The fee for each Membership Month is charged on the 1st day of the Membership Month or within a reasonable time thereafter.

If you elect to purchase a VIP Membership for a fixed term or for a certain minimum term longer than a month (e.g., six (6) month memberships will be billed in full for that period, automatically renewed at the 6 month anniversary without further notice to you on a recurring basis. The 12 month VIP Membership is paid in full during registration and is not a recurring membership, with the member being notified at the year anniversary).

You must always get permission from the credit card holder or bill payer before purchasing a VIP Membership. If you are not yet of the age of majority, your parent or legal guardian must first consent to your purchase. You (together with your parent or legal guardian if you are under the age of majority) are solely responsible for setting up payment limits and otherwise configuring the account settings of the billing payment associated with the VIP Membership. You represent and warrant to us that you are authorized to use the billing payment method (including, without limitation, all credit cards) for the purpose of VIP Membership or any other items made available on the Fuel Sites.

If we are unable to charge your billing payment method, we may: (i) immediately suspend or terminate your account, (ii) seek collection of the outstanding amount owed and/or (iii) seek any other legal or equitable remedy against you for breach of these Terms of Use.

All VIP Membership fees and fees for any other items made available on a Fuel Site are subject to change on a prospective basis upon notice from us. Changes to fees will be posted on the applicable Fuel Site. If you do not accept the new fees, you should cancel your VIP Membership or not purchase the item.

Back to Top

 

Purchase Terms

The purchases of VIP Memberships, virtual currency or virtual items sold on our site are subject to the SparkCityWorld.com Purchase Terms which can be amended from time to time without notice. Some terms that are particularly relevant to your purchase include:

  • Purchases of VIP Memberships, virtual currency or virtual items sold on our site are purchases of a limited, personal, revocable, non-transferable, and non-sub-licensable license.
  • You have no right, title or ongoing interest in or to any such VIP Membership, virtual goods or virtual currency appearing or originating in the website, or any other attributes associated with use of the website or stored within the website.
  • SparkCityWorld.com has the absolute right to manage, regulate, control, modify and/or eliminate such VIP Membership, virtual currency and/or virtual goods as it sees fit, without notice and at its sole discretion and SparkCityWorld.com shall have no liability whatsoever to you or anyone for the exercise of such rights.
  • All purchases of VIP Memberships, virtual currency or virtual items sold on our site are final. All VIP Memberships, virtual currency and virtual items are sold AS-IS with no warranties of any kind. No refunds will be given, except in our sole and absolute discretion.
  • Transfers of VIP Memberships, virtual currencies and virtual goods are strictly prohibited except where explicitly authorized within the website. Outside of the game, you may not buy or sell any VIP Memberships, Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the SparkCityWorld.com website and possible legal action.
  • Virtual currency or other virtual items will be forfeited if your account is terminated for any reason, at SparkCityWorld.com's sole and absolute discretion, or if SparkCityWorld.com discontinues providing such services on the site.
  • Transfers of VIP Memberships, virtual currencies and virtual goods are strictly prohibited except where explicitly authorized within the website. Outside of the game, you may not buy or sell any VIP Memberships, Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the SparkCityWorld.com website and possible legal action.

Back to Top

 

Star Coins, Status Indicators and Other Virtual Items

Virtual currency, such as "Star Coins", credits and other status indicators ("Currency") made available on a Fuel Site are units of game play that are purchased, awarded or earned and can be redeemed for certain game play, privileges and virtual items that are used in game play. You agree that all purchases of Currency (via VIP Membership purchases) or any other virtual items sold on the Fuel Site are final. No refunds will be given, except in our sole and absolute discretion. You agree that all Currency and other virtual items will be forfeited if your account is terminated for any reason, in our sole and absolute discretion, or if we discontinue the applicable Fuel Site. You agree that the purchase of Currency or any other virtual items sold on a Fuel Site is the purchase of a limited license to use such items in accordance with these Terms of Use and that you have no property right, title or interest in the Currency or any virtual items. You may not trade, sell, transfer or transact Currency or virtual items in any manner, except as permitted in the applicable Fuel Site environment. You may not sell or trade the time taken to accrue Currency or virtual items. Any transaction in Currency or virtual items via online auction sites or other channels outside of the Fuel Site is strictly prohibited. You may not use cheat programs to accrue Currency or virtual items. We may immediately terminate your account or confiscate Currency or virtual items if we think that you have accrued, acquired or used Currency or virtual items in any non-permitted manner.

Back to Top

 

Chat and User Forums

You agree that you will not disclose personal information including your password, your first and last name, your phone number, e-mail address, instant message screen name or other contact information when using the chat features or other user forums on a Fuel Site and will not ask for personal information from others. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A CHAT ROOM OR USER FORUM, YOU DO SO AT YOUR OWN RISK. You also agree that while we may monitor chat rooms and user forums and filter or delete message posted by users, we do not have an obligation to do so.

You acknowledge that chat rooms and user forums are for public and not private communications, and you have no expectation of privacy with respect to any submission to a chat room or user forum. All submissions are made at your own risk.

Information posted or statements made by others in chat rooms and user forums may be inaccurate, misleading, deceptive or offensive. We neither endorse nor are responsible for any opinion, advice, information or statements by users in chat rooms or user forums. Without limitation, we are not responsible for any information or materials made available through chat rooms or interactive forum (including without limitation errors or omissions in postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in chat rooms and user forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions. In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any chat room or user forum or any other part of a Fuel site. Your privilege to use Fuel Sites, including the chat room and user forum features, depends on your compliance with the "Rules of Conduct" guidelines set forth in these Terms of Use. We may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, we may, in our sole discretion, terminate your membership or participation in any community, chat room or other feature of a Fuel Site for any reason.

Back to Top

 

Rules of Conduct

As a user of a Fuel Site, you agree that you will not:

* Make offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

* Use profanity or any obscene, indecent, pornographic, sexual or other objectionable content or language;

* Defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;

* Promote violence or describe how to perform a violent act;

* Violate the contractual, personal, intellectual property or other rights of any person, or promote or constitute illegal activity;

* Reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;

* Attempt to impersonate any other party;

* Trick, defraud or mislead other users;

* Engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, pyramid or other multi-tiered marketing scheme;

* Disparage, tarnish, or otherwise harm, in our opinion, Fuel Industries or a Fuel Site;

* Violate these Terms of Use, or any applicable local, state, provincial, federal or international law, rule or regulation or any other requirements or restrictions posted on a Fuel Site;

* Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material that interferes with any party's uninterrupted use and enjoyment of a Fuel Site, or any materials or services available on a Fuel Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation, or maintenance of a Fuel Site, or any material or services available on a Fuel Site;

* Copy or adapt the object code of a Fuel Site's software, HTML, JavaScript or other code;

* Reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that a Fuel Site creates to generate its web pages or any software or other products or processes accessible through a Fuel Site;

* Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange ("gifs"), 1x1 pixels, web bugs, cookies or similar devices (sometimes referred to as "spyware", "passive collection mechanism" or "pcms");

* Except as may be the result of standard search engine or Internet browser usage, use or launch any automated system, including, without limitation, any spider, robot (or "bot"), scraper or offline reader that accesses a Fuel Site or use or launch any unauthorized script;

* Cover or obscure any notice, banner or advertisement on a Fuel Site;

* Disguise the source of your User Content (as defined below) or other information you submit to a Fuel Site; and/or

* Interfere with or circumvent any security feature of a Fuel Site or any feature that restricts or enforces limitations on use of or access to a Fuel Site, the Materials, Collaborative Content or the User Content.

Back to Top

 

Disputes With Others:

You are solely responsible for your interaction with others that you come in contact with through a Fuel Site. However, we reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of a Fuel Site. If you have a dispute with other users, you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Back to Top

 

Ownership of Materials

Unless otherwise specified in writing, all materials that are part of a Fuel Site (including past, present and future versions) ("Materials"), including, without limitation, software (including object code and source code), design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, advertising copy, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, trade names, and domain names are the property of Fuel Industries and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for non-commercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Materials to any third party (including, without limitation, the display and distribution of the Materials via a third party Web site), except as expressly permitted herein, without the express prior written consent of Fuel Industries. Use of the Materials is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Materials. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and provincial laws.

Back to Top

 

Avatars

An avatar ("Avatar") is a visual representation that you create using tools available on some Fuel Sites in order to portray yourself to others. Through such tools you may create or modify your Avatar. Your interactions with other users through such Fuel Sites will be through your Avatar. Your use of your Avatar and interaction with other users will be governed by these Terms of Use and any other guidelines or rules posted on the applicable Fuel Site. You agree that you will not gain any right, title or interest whatsoever in any objects or Avatars you use, create or modify through the Fuel Site, and that copyright ownership shall remain with us. If, by operation of law or otherwise, you accrue any right, title or interest (including, without limitation, trademark, copyright, right of publicity or patent rights) in or to any Avatar, or any other portion of a Fuel Site, you hereby assign, transfer and convey, and agree to assign, transfer and convey, all such right, title and interest to us. To the extent that, by operation of law or otherwise, any of such rights, title or interest cannot be assigned, you (a) agree to waive enforcement worldwide of any "artist's rights" or "moral rights" that cannot be assigned; and (b) you grant us the exclusive, worldwide, irrevocable, perpetual license to use, reproduce, distribute, transmit by telecommunication, create derivative works of, publicly perform and publicly display any item encompassing such unassignable rights, in any medium or format, whether now known or later developed and grant us the right to sublicense or assign such license to others. You (or your parent or guardian) agree to execute, at our request and expense, all documents and other instruments necessary or desirable to confirm our rights as set forth in these Terms of Use. You acknowledge and agree that the sale of Avatars, Avatar accessories or other virtual items via online auction sites or other channels outside the Fuel Site is strictly prohibited. Subject to these Terms of Use, you are hereby granted a personal, nonexclusive, nontransferable, limited license to view, email, distribute, reproduce, print, cache and store the Avatars and Avatar accessories. We reserve the right to revoke such license at any time for any or no reason.

Back to Top

 

User Content

Any communications or materials you transmit to us by electronic e-mail or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message postings, will be treated as non-confidential and non-proprietary. A Fuel Site may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us and/or to or via a Fuel Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or other material (collectively, excluding Materials, "User Content"). You agree that your User Content is wholly your original work you and you exclusively own the rights to your User Content, or that you have all necessary permissions to grant all of the rights and licenses in these Terms of Use without Fuel Industries incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. You represent and warrant to us that User Content submitted to us does not include the name, persona, likeness or any other personally identifiable information of you or any other person.

You grant to us the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content and any Collaborative Content (defined below) to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that we are free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to a Fuel Site or us, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. You also grant to us the right to sub-license and authorize others to exercise any of the rights granted to us under these Terms of Use; and each such third party will be entitled to benefit from the rights and licenses granted to us under these Terms of Use. Without limiting the generality of the forgoing, you authorize us to publish your User Content in a searchable format that may be accessed by users of a Fuel Site and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

We have no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest).

Except as otherwise described in the Fuel Site's posted Privacy Policy you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You should also be aware submissions of User Content may not be secure, and you should consider this before submitting any information to us.

You acknowledge and agree that we will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. We may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you or liability; provided, however, that we reserve the right to treat User Content and/or Collaborative Content (defined below) on a Fuel Site, or on certain portions of a Fuel Site, as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth herein when violations are brought to our attention. Such User Content and/or Collaborative Content posted at your or other users' direction need not, however, be maintained on a Fuel Site by us for any period of time and you may not have the right, once posted, to access, archive, maintain or otherwise use such User Content and/or Collaborative Content on the Fuel Site. You also agree and understand that we are not obligated to use User Content and/or Collaborative Content and that you will not receive any additional consideration or compensation for your User Content and/or Collaborative Content or for any exploitation thereof.

Back to Top

 

Collaborative Content and Content Distribution

Certain functionality on a Fuel Site may permit collaborative creation of content by users ("Collaborative Content"). Your contributions to the Collaborative Content are User Content; provided, however, that the resulting content is subject to the following terms and conditions as a condition precedent to your use of the Collaborative Content authoring tools and the use of the Materials in connection with the Collaborative Content on or via a Fuel Site:

* The license to use the Materials in connection with Collaborative Content or otherwise in association with User Content is limited to Materials specifically made available by us for such purpose, which license may be revoked by us at any time for any or no reason;

* Your use of the Collaborative Content is subject to these Terms of Use and any additional terms and conditions as we may from time-to-time require;

* Your contributions, including, without limitation, of User Content, to Collaborative Content are irrevocable and you will have no control over such contributions after submission, including, without limitation, regarding subsequent contributions made by third parties; and

* You will not make any commercial use of the Collaborative Content, or the Materials made available for use therein, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit same, in whole or in part, except that you may use a Fuel Site to create Collaborative Content pursuant to these Terms of Use and you may engage in Content Distribution pursuant to these Terms of Use.

We grant users of a Fuel Site the limited, revocable permission to engage in Content Distribution of such Collaborative Content as may from time to time be made available on a Fuel Site for such purpose. "Content Distribution" means the following for non-commercial purposes only: (a) sending Collaborative Content to friends and acquaintances at no charge by e-mail or other forms of digital delivery; (b) reproducing a single copy of Collaborative Content for personal, noncommercial use; and (c) subject to the following Section titled "Posting On Other Web Sites," posting and displaying a copy of Collaborative Content on a personal web site or on a third party web site that permits posting of content at the direction of users.

Back to Top

 

Posting On Other Web Sites

You are granted a limited revocable license to post your own Avatar, Collaborative Content and any other Materials that we specifically give you written notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site is not commercially competitive to Fuel Industries and/or the Fuel Sites, does not criticize or injure us, does not obtain any rights to such content other than a non-exclusive license to post it at your direction, does not charge for access to such content and complies with all applicable laws and do not in any way abuse, defame, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material ("Authorized Web Site"). All of our rights and remedies are expressly reserved. We may revoke this limited license, in whole or in part, upon notice.

Back to Top

 

Conditions on Collaborative Content Posting on Other Web Sites:

Without limitation, the following terms and conditions apply to Content Distribution of Collaborative Content and your posting of a copy of your Avatar and Collaborative Content on an Authorized Web Site.

* You must include (or, if provided by Fuel Industries, refrain from removing) a prominent link to the applicable Fuel Site's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in emails you are sending friends; and

* You agree to include, and not remove or alter, our trademark, copyright or other proprietary rights notices, as provided by us on the applicable Fuel Site and within e-mail page(s), when displaying any Collaborative Content, and you agree to comply with usage guidelines that may be provided by us from time to time. You agree that all goodwill that arises in connection with your use of our trademarks inures exclusively to us and agree not to challenge our ownership or control of any Fuel Industries trademarks, nor use or adopt any trademarks that might be confusingly similar to such our trademarks. For purposes of certainty, we do not encourage or reward you for Content Distribution and you agree not to engage in spamming or other unlawful or controversial behavior in connection therewith.

Back to Top

 

Beta Testing

You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.

Beta Tests:

Closed beta tests are confidential. The beta sites and games, including information about features and functionality to be offered as part of the site and games, are confidential. If you participate in a closed beta test, you will use all reasonable efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta sites and games. You will carry out the testing personally and not provide access to beta games to any other person, unless expressly permitted by us. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and we will be entitled to, in addition to any other remedies available to us, ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta site and games confidential will continue until we make the site and each of the games, as applicable, publicly available.

All Beta Tests (Closed and Open):

1. As a beta tester, you are invited to access the beta site and play beta games for the sole purpose of evaluating the site and games and identifying errors. Nothing in these Terms of Use, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta site or games. The beta site and games are provided for testing on an "as is" "as available" basis and we make no representation or warranty to you of any kind, express or implied.

2. When playing some beta games, you may accumulate Star Coins, tokens, experience points, other value or status indicators or virtual items. This data may be reset at any time during the testing process, and it may be reset when the particular site or game completes this testing phase. In this case, all player history and data will be erased and each player will return to beginner status.

3. By accessing a beta site or beta game, you agree that: (i) accessing the beta site or playing beta games is at your own risk and that you know that the site and/or games may include known or unknown bugs, (ii) any value or status indicators or other virtual items that you accumulate through site use or game play may be erased at any time, (iii) we have no obligation to make beta sites or games available for use or play without charge for any period of time, nor to make them available at all, (iv) beta sites and/or games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Use apply to your use of the beta site and beta games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta sites and games confidential as stated above and not disclose such information to any other person.

4. You agree that any feedback or suggestions you provide to us shall become the property of Fuel Industries and we shall be free to use same without any obligation to compensate or credit you in any manner.

5. Beta Test accounts are non-transferable under any circumstances.

6. As a beta tester, you agree that we are under no obligation whatsoever to compensate you in any way for your participation.

Back to Top

 

Warranties, Disclaimers, Limitation of Liability

ALL MATERIAL ON FUEL SITES IS PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. FUEL INDUSTRIES ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO FUEL SITES. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL FUEL INDUSTRIES, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, LOSS OF GOODWILL, REPUTATION, CREDIT OR PUBLICITY AND CLAIMS FOR SUCH DAMAGES BY THIRD PARTIES) RELATED TO OR ARISING OUT OF THE USE OF A FUEL SITE, OR ANY INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON A FUEL SITE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLE FORESEEABLE, AND HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), STRICT LIABILITY, TORT(INCLUDING NEGLIGENCE). FUEL INDUSTRIES SHALL ONLY BE LIABLE FOR DIRECT DAMAGES. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

FUEL INDUSTRIES TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO OR ARISING OUT OF THE USE OF A FUEL SITE, OR ANY INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON A FUEL SITE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO FUEL INDUSTRIES FOR THE LICENSE TO USE THE FUEL SITE OR RELATED PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM.

FUEL INDUSTRIES, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS CANNOT AND DO NOT WARRANT THAT FUEL SITES WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DO WE MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. FUEL SITES SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO FUEL SITES OR ANY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED THEREIN AT ANY TIME.

ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FUEL SITES IS DONE AT YOUR OWN DISCRETION AND RISK. FUEL INDUSTRIES DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.

WE OPERATE AND MANAGE THE FUEL SITES FROM OUR OFFICES IN CANADA. WE MAKE NO REPRESENTATION THAT THE FUEL SITES AND THE PRODUCTS OR SERVICES MENTIONED THEREIN ARE APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THE INFORMATION, PRODUCTS AND SERVICES PROVIDED ON FUEL SITES IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT US TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. ACCORDINGLY, THOSE PERSONS WHO CHOOSE TO ACCESS FUEL SITES FORM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. THIS WEBSITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF A FUEL SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FUEL SITE.

Back to Top

 

Dealings with Third Party Service Providers

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through a Fuel Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.

Back to Top

 

Links to Third-Party Web Sites

Fuel Sites may contain links to third-party Internet sites, which are not under our control. We make no representations whatsoever about any other Internet site to which you may have access through a Fuel Site. When you access a non-Fuel Site, you do so at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. These links are provided merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such Internet sites.

Back to Top

 

Governing Law and Jurisdiction

The Fuel Sites (excluding linked sites) are controlled by us from our offices within the Province of Ontario, Canada. By accessing a Fuel Site, you and Fuel Industries agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario, without regard to the conflicts of laws principles thereof. You and Fuel Industries also agree and hereby submit to the personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

Back to Top

 

Severability

If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the agreement and the other provisions and the remaining part thereof of that provision shall remain in full force and effect.

Back to Top

 

Benefit of Agreement

These Terms of Use are binding upon and shall enure to the benefit of Fuel Industries and its subsidiaries, and affiliates and their respective successors and permitted assigns.

Back to Top

 

 
Close