AGREEMENT AND SERVICES
QUMARON, referred to herein as QUMARON SERVICES LIMITED (“QUMARON”), is composed of the QUMARON Website, qumaron.com, and any other Website, product, or service owned or operated by QUMARON. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers games, activities, and services including, but not limited to, game downloads, online games, game purchases, e-greeting applications, browser toolbars, game management utilities, sweepstakes, contests, chat services, message boards, video streaming, affiliate programs, game review writing, affiliate email and newsletter tools, other assorted affiliate and social networking services, and general game content browsing.
If you violate our Terms of Service, QUMARON may issue you a warning regarding the violation, or, in QUMARON’s sole discretion, immediately terminate any and all Accounts that you have established with the company. You acknowledge that QUMARON is not required to provide you notice before terminating your account. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.
The Terms of Service and any posted rules or instructions regarding a particular game, activity, affiliation service, contest, or sweepstakes constitutes the entire agreement between you and QUMARON regarding your rights and obligations in your use of any QUMARON property. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a QUMARON property, the company will resolve the conflict within its sole discretion.
Accounts (“Account” or “Accounts”) as used herein is defined as the account that results from registering for any service with QUMARON. When you complete a registration process, you create an Account and you become a Member (“Member”). Your Account allows you to participate in specific services on QUMARON. To create an account, you must enter an email, username and password. Your email and/or username is your QUMARON identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts. QUMARON requires all users to be over the age of 18 and we require all users registering accounts to indicate that they are over 18.
QUMARON reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company’s discretion.
You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. QUMARON will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. You agree to indemnify and hold QUMARON harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join QUMARON again without our express permission.
“Content” is defined herein as the software, communications, images, sounds, and all the material and information you encounter through QUMARON. QUMARON, our Members, our affiliates, and our independent content providers provide most of the Content on QUMARON. QUMARON does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on QUMARON.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for QUMARON. Content standards may vary depending on where you are on QUMARON, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If it is inappropriate in the workplace, don’t post it on our message boards or chat rooms.
QUMARON representatives may monitor your communications on QUMARON. But we cannot monitor all of the Content on QUMARON, and we do not attempt to do so. If you encounter something you don’t want to see, you can report it to the game support or complaint email address for the area in which the incident occurred. QUMARON does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. QUMARON does not assume any responsibility or liability for Content that is generated by Members or other guests on QUMARON. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. QUMARON does not assume any liability for any failure to remove, or any delay in removing Content.
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on QUMARON. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of QUMARON and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of QUMARON and for all of your communication and activity in using the Service, including any Content you contribute, and that you will indemnify and hold harmless QUMARON, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on QUMARON, including any Content that you contribute.
You will violate the Terms of Service if you (or others using your account) do any of the following:
QUMARON does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your QUMARON game. This includes the exchange of points or virtual items on services including eBayTM or Yahoo!TM Auctions. We don’t assume any responsibility for, and do not support, such transactions.
ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES! THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, QUMARON MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT QUMARON MAY HAVE MADE.
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. QUMARON is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users. By communication within the Service, i.e. by submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant QUMARON permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Once you post or send any Content to QUMARON, you expressly grant QUMARON the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in QUMARON’S discretion, and without any notice or compensation to you of any kind. By submitting a Posting, you agree to defend, indemnify and hold QUMARON, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
You may not advertise any goods or services on QUMARON. Chain letters and pyramid schemes are expressly prohibited. You may not use any area of QUMARON to collect information, including login names, about QUMARON Members, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit QUMARON, or any games or services offered on QUMARON for any commercial purpose. Any violation of these provisions can subject your QUMARON account(s) to immediate termination (or result in revocation of Guest status, if you are a guest) and to further legal action.
The use of machines, computers, scripts or any automated system on QUMARON is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play QUMARON games with one type, version or copy of browsing software application at any one time. QUMARON may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by QUMARON are final.
Much of the Content available on QUMARON is owned by QUMARON or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from QUMARON unless we have expressly authorized you to do so in writing. You must have the legal right to upload any Content to QUMARON before you do so in writing. You will not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on QUMARON, unless QUMARON expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on QUMARON can lead to the termination of your QUMARON account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on QUMARON, you agree to indemnify and hold harmless QUMARON and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or QUMARON Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to QUMARON any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
QUMARON may include hyperlinks to Websites operated by parties other than QUMARON including advertisers and other content providers. Those sites may collect data or solicit personal information from you. QUMARON does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, QUMARON will be the final and sole arbiter of any such inconsistencies. QUMARON Software QUMARON may require that you download software from QUMARON or its licensors onto your computer (“QUMARON Software”). QUMARON grants to you a non-exclusive, non-transferable, revocable, limited license to use QUMARON Software to play games on our Service. You may not sub-license, or charge others to use or access QUMARON Software. You may not use QUMARON Software for any purpose other than that contained within the license granted to you. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from QUMARON Software. You may not modify QUMARON Software or use it in any way not expressly authorized in writing by QUMARON. You understand that QUMARON’S introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by QUMARON may vary depending on your computer and other equipment. NEITHER QUMARON NOR ITS LICENSORS ARE LIABLE IN CONNECTION WITH YOUR USE OF THE QUMARON SOFTWARE FOR ANY DAMAGES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. QUMARON Software may be subject to United States export controls. By downloading QUMARON Software from QUMARON, you warrant that you are not located in any country, or exporting QUMARON Software to any person or place, to which the United States has embargoed goods.
QUMARON and you both have the right to terminate or cancel any Account at any time for any reason. You understand and agree that the cancellation of your account or a particular Account is your sole right and remedy with respect to any dispute with QUMARON. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or QUMARON’S enforcement or application of this Agreement; (2) the Content available through QUMARON or any change in Content provided through QUMARON; (3) your ability to access and/or use QUMARON; (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods; or (5) the amount ot timing of payments for Royalties regarding your participation in My QUMARON Service. QUMARON reserves the right to collect fees, surcharges or costs incurred before you cancel your account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your account or a particular subscription is terminated or cancelled, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything within QUMARON associated with it (such as points, tokens or in-game items). Active QUMARON account holders may not allow former account holders whose account has been terminated by QUMARON to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with QUMARON must be settled before QUMARON may allow you to register again. Notwithstanding any other statements by QUMARON on its website or marketing collateral, if your Account is terminated for My QUMARON Serivce, you will immediately upon termination cease to accrue or earn any future royalties, commissions, funds or credits of any type.
When you create a customer account with QUMARON, you will automatically be registered to receive one or more of our newsletters, even if you previously opted out of receiving newsletters at the time you downloaded any game for free trial play. At any time, you may opt-out of receiving these newsletters by selecting the “unsubscribe” link at the bottom of any newsletter or by contacting us at the address indicated in the newsletter
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. Closed Beta Tests: Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the 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 games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to QUMARON, and QUMARON is entitled to, in addition to any other remedies available to it, ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until QUMARON publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. All Beta Tests (Closed And Open): As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate tokens, experience points, badges, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status. By selecting a “Play” button to start a beta game, you agree that:
By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. QUMARON provides rules of participation for certain activities on this site including, without limitation, contests, sweepstakes, and electronic postcards by QUMARON and in conjunction with third parties. This Agreement is 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 this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate or are automatically entered into shall govern.
YOU EXPRESSLY AGREE THAT THE USE OF QUMARON, QUMARON SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. QUMARON, QUMARON SOFTWARE, QUMARON’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. QUMARON PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT QUMARON WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH QUMARON OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT). YOU ACKNOWLEDGE AND AGREE THAT QUMARON, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF QUMARON SOFTWARE. IN NO CASE SHALL QUMARON OR ITS SUBSIDIARIES’, LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “QUMARON AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO QUMARON FOR THE SERVICE. IN NO CASE SHALL QUMARON OR QUMARON AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF QUMARON, QUMARON SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH QUMARON. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, QUMARON’S AND QUMARON AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. QUMARON DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH QUMARON AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon request by QUMARON, you agree to defend, indemnify and hold harmless QUMARON and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on QUMARON. QUMARON reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to QUMARON in that matter. This Section shall survive termination of this Agreement.
If you have questions or if you have any requests for resolving issues with your personal data, we encourage you to primarily contact us through the game so we can reply to you more quickly.