Golemizer is a free steampunk MMORPG
Create monsters, build cities and create your own quests!

Terms of Use
Effective Date: April 13, 2009


IT IS VERY IMPORTANT THAT YOU (AND YOUR PARENTS, IF YOU'RE UNDER THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE (EIGHTEEN (18) IN MOST STATES BUT NINETEEN (19) IN ALABAMA AND NEBRASKA, AND TWENTY ONE (21) IN MISSISSIPPI) REVIEW THE FOLLOWING TERMS OF USE SO THAT YOU KNOW WHAT YOU CAN AND CANNOT DO ON THE SITE (DEFINED BELOW). USE OF THE SITE WILL BE DEEMED ACCEPTANCE OF THESE TERMS OF USE. IF YOU HAVE NOT YET REACHED THE AGE OF MAJORITY, YOU MUST HAVE YOUR PARENTS REVIEW THESE TERMS OF USE AND REGISTER FOR YOU. PARENTS: IF YOU HAVE NOT JOINED IN YOUR MINOR CHILD'S AGREEMENT TO THESE TERMS OF USE, PLEASE CONTACT US AT: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it . PARENTS ARE ADVISED TO EXERCISE SUPERVISION OVER THEIR CHILDREN'S ON-LINE ACTIVITIES.


This agreement ("Agreement" or "Terms of Use") between you and Machine 22, ("Machine 22") sets forth the terms and conditions which apply to the use by you of www.golemizer.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and other interactive features or downloads (e.g., widgets) that are accessible on or downloadable through, or related to, www.golemizer.com and owned or operated by Machine 22 or and any other product or service offered by Machine 22 for use, subscription or sale (collectively, "Services"). Subject to the terms and conditions below, and your acceptance of them, Machine 22 agrees to grant, and you agree to take, a non-exclusive, non-transferable, single computer license to use and display the Services and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user ("Limited License"). Without limiting the forgoing, you agree not to use the contents of Services for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Services to any other person unless specifically permitted by Machine 22 or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder. Machine 22 reserves the right to modify the license granted in this section and the restrictions described in these Terms of Use in writing on the Site, including, without limitation, by charging fees therefor and/or making certain features available through the Site that may invite you to use the Site Materials in a manner not described in these Terms of Use. Machine 22 may add, change, discontinue, remove or suspend any of the Site Materials (defined below) at any time, without notice and without liability. The Site is intended for an audience that is at a minimum thirteen (13) years of age; some content may be deemed inappropriate by some parents for teenage audiences. Parental guidance is recommended.


If you do not understand and accept these Terms of Use, do not use the Services. Your use and/or continued use of the Services shall be deemed to constitute your acceptance of these Terms of Use and all of Machine 22's rules and restrictions related to the Services, as they may change from time to time.


In some instances, both these Terms of Use and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional
Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.


Please review the Site's Privacy Policy which explains our information collection practices, such as the types of information Machine 22 collects from visitors to the Site and how we may use that information.


Basic Summary:


PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING MANDATORY CONSENT TO ARBITRATION OF DISPUTES. DO NOT USE THIS SITE IF YOU DO NOT AGREE.



1. It is important that you read all of these Terms of Use. However, here are some of the big picture issues:


* Use of the Site constitutes acceptance of these Terms of Use, our Privacy Policy and our other policies and rules.


* Check back each visit as policies and rules may change.


* THESE TERMS OF USE REQUIRE YOU TO AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT, GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU.


* You must be thirteen (13) years of age to use the Site and if not of majority (eighteen (18) in most states) your parents must complete your registration and supervise your use.


* Content you submit is owned by you and you are responsible for all third party rights and payments. You grant us and other users the right to use and exploit your submissions.


* Your use of material off-Site is limited by these Terms of Use.


* If you believe any materials on the Site infringe your rights, you may give us notice following the instructions at Infringements.


* You may not use the Site, or content created thereon, for commercial purposes.


* Your use of the Site is "AS IS", without warranty and will result in no liability to us.


2. The following is a summary of key game play requirements and restrictions:


* The activities and games on the Site or on other Services are just for you to play with while on the Site. You can't sell them, give them to anyone, trade them for anything or pretend you made them. If you wish to do anything EXCEPT play with them, you must get our written permission first. You can display your personal Golemizer avatar and certain other content on an Authorized Web Site (defined below), as long as you write "Copyright 2009 Machine 22, Inc. All Rights Reserved. Used With Permission" on EVERY page with our pictures and/or text, you link directly to us and you follow our other rules and instructions regarding such postings.


* All Machine 22 user profiles, character actions and content in or on the chat boxes and message boards are created by our users and not by Machine 22. If you post nasty, insulting, sexually explicit, racially disparaging, religiously disparaging or other inappropriate content we have the right (but not the obligation) to delete it from the Site without notice and to freeze or close your account (there will be no refunds of previously purchased Altus Coins (defined below)). This rule also applies to inappropriate character names. Do not create names that are nasty, insulting, sexually explicit, racist, disrespectful of religions, intended to promote illegal acts or otherwise inappropriate. We can see your messages, so keep it clean and friendly! Golemizer should be a clean and fun place for everyone. Do not abuse the chat functions by "spamming" (posting the same message many times) or using them to make "party boards" - this can result in warnings or a frozen account, too! Finally, if you ask for another user's password or personally identifiable information, for any reason, your account can be frozen or terminated. If you see anything inappropriate on the Site, or if anyone sends you a message that makes you uncomfortable or asks for your password, please e-mail us immediately at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


* By creating a character, by chatting in message rooms and posting on message boards, or sending us comments or User Content (defined below), you (and your parents) are agreeing that Machine 22 can use your character and/or User Content elsewhere on our Services, in our advertising, or in any media or manners (now or hereafter known), throughout the universe and forever (including, without limitation, in connection with web sites, television programs, motion pictures, games, merchandising and advertising), without a royalty or payment of any kind to you. So, this means we can use your character and content however we want for as long as we choose. Any User Content submitted must be created ONLY by the person submitting it - you cannot submit someone else's work.


* You understand that Machine 22 may supervise user forums and filter content sometimes, but that we don't have a duty to do this. You understand that bad people can use user forums and that user forums can be dangerous places if you do not use caution and good sense. You agree not to give out any personal information including your password, your first and last name, your phone number, e-mail address, instant messenger screen name or other contact information and not to ask for personal information from other characters. Use common sense and follow the rules of conducts.


* If you steal furniture or Coins from other characters, cheat on any of our games, use any hacking scripting or editing programs in the game, violate the rules of conducts or break the law, we can freeze or terminate your account, or if appropriate, report you to the police!


* You understand that all purchases of Altus Coins and/or of any other virtual items (e.g., furniture) sold on the Site are final and non-refundable, except, in our sole and absolute discretion and are a limited game play, license and not a cash account or equivalent. Once you buy Coins, or any other virtual item sold on the Site, you can't get your money back. Further, in Machine 22's sole discretion, Golemizer accounts that are either unused or have been used only once for a period greater than six (6) months may be terminated.


* Purchases of Altus Coins or other products or services made available via the Site by Machine 22 are subject to the Terms and Conditions of Sale , which are incorporated herein by reference.


* No one from Machine 22 will ever ask you for your password so do not EVER give it out. If someone does, please e-mail us at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


Following is the "Long Version" of the Machine 22 Terms of Use:

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING MANDATORY CONSENT TO ARBITRATION OF DISPUTES. DO NOT USE THIS SITE IF YOU DO NOT AGREE.


Lawful Use:


Ownership of IP:


Unless otherwise specified in writing on the Site, all materials that are part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the "Site Materials") are owned, controlled or licensed by Machine 22 and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the Site Materials is governed by these Terms of Use. The entire contents of the Services (including the Site Materials) are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Machine 22 owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Machine 22. Third-party content providers own the copyright in content that is original to them. Golemizer is a trademark of Machine 22 or its parent or its or their affiliates. All rights are reserved. All other trademarks and service marks appearing on the Services are the property of their respective owners, including, in some instances, Machine 22. All rights are reserved. Use of any of our trademarks, service marks or names as "metatags" on other web sites is prohibited. You may not display our Services or content in frames or "in-line links" without express written permission from Machine 22 (e-mail requests to This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).


You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the content of the Services (including the Site Materials other than your own User Content (defined below)), nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services, except as expressly permitted herein, without the express prior written permission of Machine 22 and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services. You can display your personal Golemizer avatar on your own personal web pages for your noncommercial and personal use ONLY, as long as you write "Copyright 2009 Machine 22, Inc. All Rights Reserved. Used With Permission" on EVERY page on which it appears and you link directly to us.


Subscriptions:


Purchases of Altus Coins and any other virtual items sold on the Site are purchases of a limited non-transferable, revocable license. The license may be terminated immediately if your account is terminated for any reason, in Machine 22's sole and absolute discretion, or if Machine 22 discontinues providing the Services.


You agree that all purchases of Altus Coins and any other virtual items sold on the Site are final. No refunds will be given, except in our sole and absolute discretion. You agree that all Altus Coins and other virtual items will be forfeited if your account is terminated for any reason, in Machine 22's sole and absolute discretion, or if Machine 22 discontinues providing the services on the Site. You agree that the purchase of Altus Coins or any other virtual items sold on the Site is the purchase of a limited license to a subscription service and that you have no property interest in the Altus Coins or other virtual items. Altus Coins are not a gift certificate.
An Altus "Coin" is a unit of game play that is purchased and can be redeemed for certain game play and virtual items that are used in game play.


Your Content:


Machine 22 does not solicit submissions, creative materials, ideas or suggestions other than those Machine 22 specifically requests. Any communications or materials you transmit to Machine 22 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. The 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 Machine 22 and/or to or via the Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Site Materials not created by you, "User Content"). You agree that your User Content is wholly original with you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms of Use without Machine 22 incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.


You grant to Machine 22 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 Machine 22 is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Site or Machine 22, 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 further perpetually and irrevocably grant Machine 22 the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. You also grant to Machine 22 the right to sub-license and authorize others to exercise any of the rights granted to Machine 22 under these Terms of Use; and each such third party will be entitled to benefit from the rights and licenses granted to Machine 22 under these Terms of Use. Without limiting the generality of the forgoing, you authorize Machine 22 to publish your User Content in a searchable format that may be accessed by users of the 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.


Machine 22 has 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 Machine 22's cost and expense, to which you hereby consent and irrevocably appoint Machine 22 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 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 Machine 22.


You acknowledge and agree that Machine 22 will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. Machine 22 may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you or liability; provided, however, that Machine 22 reserves the right to treat User Content and/or Collaborative Content (defined below) on the Site, or on certain portions of the Site, as content stored at the direction of users for which Machine 22 will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Machine 22's attention. Such User Content and/or Collaborative Content posted at your or other users' direction need not, however, be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content and/or Collaborative Content on the Site. You also agree and understand that Machine 22 is 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.


Collaborative Content and Viral Content Distribution:


Certain functionality on the Site, such so-called mashup tools, 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 Site Materials in connection with the Collaborative Content on or via the Site:


* the license to use the Site Materials in connection with Collaborative Content or otherwise in association with User Content is limited to Site Materials specifically made available by Machine 22 for such purpose, which license may be revoked by Machine 22 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 Machine 22 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 thereover 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 Site 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 the Site to create Collaborative Content pursuant to these Terms of Use and you may engage in Viral Content Distribution pursuant to these Terms of Use.
Machine 22 grants the users of the Site the limited, revocable permission to engage in Viral Content Distribution of such Collaborative Content as may from time to time be made available on the Site for such purpose. "Viral Content Distribution" means the following for non-commercial purposes only: (a) sending Collaborative Content to friends, 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.


Posting On Other Web Sites:


You are granted a limited revocable license to post your own avatar, Collaborative Content and any other Site Materials that Machine 22 specifically gives you 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 Machine 22, does not criticize or injure Machine 22, does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and does not charge for access to such content as associate products, services or advertising with such content so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, 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. All of Machine 22's rights and remedies are expressly reserved ("Authorized Web Site"). Machine 22 may revoke this limited license, in whole or in part, upon notice.


Conditions on Viral Content and Posting on Other Web Sites:


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


* You must include (or, if provided by Machine 22, refrain from removing) a prominent link to the 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, Machine 22's trademark, copyright or other proprietary rights notices, as provided by Machine 22 on the 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 Machine 22 from time to time. You agree that all goodwill that arises in connection with your use of Machine 22's trademarks inures exclusively to Machine 22 and agree not to challenge Machine 22's ownership or control of any Machine 22 trademarks, nor use or adopt any trademarks that might be confusingly similar to such Machine 22 trademarks. For purposes of certainty, Machine 22 does not encourage or reward you for Viral Content Distribution and you agree not to engage in spamming or other unlawful or controversial behavior in connection therewith.


Usage Rules:


As a user of the Site, you agree that your User Content, and your conduct on the Site will not:



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

* include profanity or any obscene, indecent, pornographic, sexual or otherwise 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 party, or promote or constitute illegal activity;

* be in violation of the rules of conducts. In addition, your activities on the Site and in connection with the Site Materials will not:

* 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 scheme or other multi-tiered marketing scheme;

* disparage, tarnish, or otherwise harm, in Machine 22's opinion, Machine 22 and/or the Site Materials;

* violate these Terms of Use; or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Machine 22 on the Site;

* upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party's uninterrupted use and enjoyment of the Site, the Site Materials, Collaborative Content or the User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site, the Site Materials, Collaborative Content or the User Content;

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

* reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the 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 formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" 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 the Site or use or launch any unauthorized script;

* cover or obscure any notice, banner or advertisement on the Site;

* disguise the source of your User Content or other information you submit to the Site; and/or

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


Machine 22 uses certain monitoring and filtering of the Site to attempt to enforce these Terms of Use like the rules of conducts. However, objectionable content and user behavior may be found to exist and always use caution and common sense when using the Internet, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. Machine 22 does not control or endorse the content, messages or information found in User Content portions of the Services or external sites that may be linked to or from the game and, therefore, Machine 22 specifically disclaims any responsibility with regard thereto.


Disputes With Others:


You are solely responsible for your interaction with others that you come in contact with through the Site. However, we reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Site. If you have a dispute with other users, you release the Machine 22 Parties (defined below) 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 dispute.


Additions and Changes:


You agree to review these Terms of Use on at least a weekly basis to be aware of Changes (as defined herein). Our employees cannot change the terms of these Terms of Use except as posted on these Services. Machine 22 has the right, at any time, to:

(a) add, change or discontinue the Site or Services, or any aspect or feature of the Site or Services, including, but not limited to, content, financial terms, availability and equipment needed for access or use;

(b) impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or

(c) to impose, change or modify the terms and conditions of these Terms of Use ("Changes"). Such Changes shall be effective immediately upon notice by posting the Changes on Machine 22's Services or by any other method of notice Machine 22 deems appropriate. Any use of the Services by you after notice of the Changes, constitutes acceptance by you of such Changes.


Disclaimers; Limitations; and Waivers of Liability:



YOU EXPRESSLY AGREE THAT USE OF THE SERVICES 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 THE LAWS APPLICABLE TO THIS AGREEMENT 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 Machine 22 NOR ITS PARENT OR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "Machine 22 PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

Machine 22 MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SERVICES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S), AND THE Machine 22 PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.

TO THE FULLEST EXTENT PERMITTED BY 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 SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE Machine 22 PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Machine 22 PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Machine 22 PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL THE Machine 22 PARTIES BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID Machine 22.

Monitoring/Blocking:



You acknowledge that you do not rely on Machine 22 to monitor or edit the Services and that the Services may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content. Please bring any inappropriate content or user behavior to our attention at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


External Locations / Linking:


The Services may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet. You agree that Machine 22 is not responsible for the availability of these external locations or the content thereon, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that Machine 22 shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Machine 22. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster and to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


Machine 22 hereby grants you a non-exclusive, limited license, revocable at Machine 22's discretion, for you to link to Machine 22's home page from any Authorized Site.


Indemnification:


You agree to defend, indemnify and hold harmless the Machine 22 Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Use. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

Equipment:



You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Services, and you shall be responsible for all charges related thereto.


Complaints or Notices:


For all other correspondence and complaints of a non-legal nature, please e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .