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This is the official Terms of Use Agreement ("Agreement") for Y05.com (hereafter referred as "Y05"). By viewing or accessing this website, and/or using Y05 network games, software, applications, products or services you expressly agree to the following Terms and Conditions detailed below. These terms of use (hereafter referred to as, "Terms of Use") govern your use of our websites, all the web pages that are part thereof, and all content, software, and services offered thereon (hereafter collectively referred to as the "Websites"). Your use of our Websites signifies that you agree to these Terms of Use, that you consent to our privacy policy (hereafter referred to as the "Privacy Policy"), and that you consent to receiving required notices and to transact with us via computer. If you do not agree to the Terms of Use and/or the Privacy Policy, we advise you not to use our Websites.

1. ADDITIONAL TERMS

Certain areas of the Websites, such as sites where you can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on the Websites, you agree to comply with such guidelines and rules.

2. ELECTRONIC-DELIVERY POLICY & YOUR CONSENT

You agree that we may electronically provide to you required notices, agreements, and other information concerning the Websites. If you no longer agree to receive notices electronically, please cease using the Websites.

3. PRIVACY POLICY

The Privacy Policy explains the practices that apply to your personal information when you use the Websites. Your ongoing use of the Websites signifies your consent to the information practices disclosed in our Privacy Policy.

4. CHANGES TO THE TERMS OF USE

We may change these Terms of Use at any time. You are responsible for checking these Terms of Use periodically for changes. If you continue to use the Websites after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

5. CHANGES TO THE WEBSITES

We may discontinue or change any service or feature on the Websites at any time and without notice.

6. ACCESS COSTS

You must provide, at your own expense, the equipment and Internet connections that you will need to access and use the Websites. If you access the Websites through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long-distance or other toll charges at your location. Also, if you access the Websites through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether any such fees apply to you. You are solely responsible for any costs you incur to access the Websites through any wireless or other communication service.

7. YOUR RESPONSIBILITIES

7.1 You may use the Websites for lawful purposes only. You may not submit or transmit through the Websites any information, content, or material or otherwise engage in any conduct that: violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business, or entity, including Y05 and its employees and agents; contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network; encourages conduct that would constitute a criminal offense or give rise to civil liability; violates these Terms of Use, guidelines, or any policy posted on the Websites; or interferes with the use of the Websites by others.

7.2 You may not use our Websites: for your own commercial gain; to offer any form of advertising or promotion without our prior written consent; or to provide any false personal information or any information, content, or material on account of anyone other than yourself without permission.

7.3 By using our Websites, you agree: to abide to these Terms of Use; to keep your contact information accurate and up-to-date; and not to share or transfer your password without our consent.

7.4 You may not use the Websites in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party's use and enjoyment of the Websites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use.

7.5 You may not use the Websites or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Websites to violate the terms of this section. We may terminate your access or use of the Websites immediately and take other legal action if you, or anyone using your access to the Websites, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

7.6 Any information, content, or material you have created and submitted or transmitted through the Websites and that is covered by intellectual property rights (or similar rights) shall be licensed to us as a nonexclusive, transferable, sublicensable, royalty-free, perpetual, worldwide license, and we are entitled to use such intellectual property on or in connection with the Websites or any other medium. Except in the case where we have signed an exclusive agreement with your party.

7.7 When you provide information, content, or material and use the public privacy setting, it means that every visitor to the Websites will have access to such information, and that we have no control over that information or what visitors do with it.

7.8 We reserve the right to remove any of your information, content, or material from the Websites if it violates these Terms of Use.

7.9 If you select a username, we reserve the right to remove or reclaim it if we believe it is appropriate to do so.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Y05 OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Y05 WEB SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF Y05 WEBITE AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.

8. NO SPAM

You may not use the Site or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Site to violate the terms of this section. We may terminate your access or use of the Site immediately and take any other legal action if you, or anyone using your access to the Site, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

9. AGE RESRICTIONS

Y05 does not target the websites or its services to users under 13 of age. There may be certain access restrictions placed on any under 13 year old users. You agree that if you assist users under 13 years old to access the Y05 website or services, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER Y05, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LINKS

Y05 accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that Y05 endorses the material or content of these sites.

11. ADVERTISMENTS

Y05 accepts no responsibility for any third party advertisements that may appear on Y05 website.

Disclaimer Regarding Third Party Games, Applications or services YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA Y05.COM WEBSITE, SUCH AS BUT NOT LIMITED TO GAME IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY Y05. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF. RuneScape is owned and operated by Jagex Inc. from Jagex Inc. servers. Club Penguin is owned and operated by Disney Online Studios. Puzzle Pirates is owned and operated by Three Rings Design Inc. from Three Rings Design Inc. servers. Third party product, games or services may have additional terms and conditions associated with them.

12. USER RULES

Users may be banned or accounts suspended or terminated on the entire Y05 website or any game available on the websites if users use inappropriate language or inappropriate behavior as determined by Y05. Inappropriate language and/or inappropriate behavior is not allowed on Y05 website. Y05 is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions. You agree not to do any of the following:

1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;

3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,

4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;

5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

6. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

8. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Y05.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Y05 website or services in violation of the law.

13. ASSUMPTION OF RISKS AND MATURE CONTENT

YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT Y05 WEBSITE, ANY OF THEIR AFFILIATES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

14. TERMINATION

Your right to use the Website automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.