Welcome to the Prosperity IP Inc. Terms of Service for Rat Battle Game (the “App”, “Service”). These Terms of Service together with Prosperity IP Inc. Inc.’s Privacy Statement (collectively the “Terms”) govern your use of this App. Prosperity IP Inc. may change the Terms of Service from time to time. Your access to the App in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the App. Prosperity IP Inc. reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the App. Please review the Terms periodically. Your continued use of the App or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the App may be subject to your acceptance of separate agreements with Prosperity IP Inc. or third parties.
License and App Access.
Prosperity IP Inc. grants you a limited license to access and make personal use of the App. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of Prosperity IP Inc.. The license to use the App does not include any resale or commercial use of the App or its contents; or any derivative use of this App or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this App for any commercial purpose. By using the App, you warrant to Prosperity IP Inc. that you will not use the App, or any of the content obtained from the App, for any purpose that is unlawful or prohibited by these Terms. Prosperity IP Inc. does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this App. If you violate any of these Terms, your permission to use the App automatically Terminates. In consideration of your use of the App, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if Applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Prosperity IP Inc. has the right to terminate your account and refuse any and all current or future use of the App. You agree not to resell or transfer the App or use of or access to the App.
When you install and use the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.You are responsible for providing, at your expense, any access to the Internet and any required equipment.
By using the App you agree that you will not do any of the following: Do not restrict or inhibit any other user from using and enjoying the App; or Do not post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state/provincial, national or foreign law, including without limitation the U.S. export control laws and regulations, and Canadian equivalents; or Do not post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Prosperity IP Inc.) or engage in spamming or flooding; or Do not post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or Do not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the App for commercial
purposes (other than as expressly permitted by the provider of such information, software or other material); or Do not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the App which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
Do not trespass on private property.
Do not walk out into the street without looking first.
Do not forget to pay attention where you walk.
Do not get wrapped up in the app content and ignore what’s happening around you.
REMEMBER TO STAY ALERT AT ALL TIMES.
Prosperity IP Inc. has no obligation to monitor the App. However, you acknowledge and agree that Prosperity IP Inc. has the right to monitor the App electronically from time to time and to disclose any information as necessary or Appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Prosperity IP Inc. will not intentionally monitor or disclose any private electronic-mail message unless required by law. Prosperity IP Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Prosperity IP Inc. may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services (“Feedback”). You agree that Prosperity IP Inc. may, in its sole discretion, use the Feedback you provide to Prosperity IP Inc. in any way, including in future modifications of the App, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Prosperity IP Inc. a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Third Party Services.
In connection with your use of the App, you may be made aware of services, products, offers and promotions provided by third parties, and not by Prosperity IP Inc.. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third-Party Services. You agree that the third party, and not Prosperity IP Inc., is responsible for the performance of the Third-Party Services.
Third Party Web Apps.
The App may contain or reference links to Web Apps operated by third party (“Third Party WebApps”). These links are provided as a convenience only. Such Third Party WebApps are not under the control of Prosperity IP Inc.. Prosperity IP Inc. is not responsible for the content of any Third Party WebApp or any link contained in a Third Party WebApp. Prosperity IP Inc. does not review, Approve, monitor, endorse, warrant, or make any representations with respect to Third Party WebApps, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, Approval, investigation, verification or monitoring by Prosperity IP Inc. of any information contained in any Third Party WebApp. In no event will Prosperity IP Inc. be responsible for the information contained in such Third Party WebApp or for your use of or inability to use such webApp. Access to any Third Party WebApp is at Licensee’s own risk, and Licensee acknowledges and understands that linked Third Party WebApps may contain terms and privacy policies that are different from those of Prosperity IP Inc.. Prosperity IP Inc. is not responsible for such provisions, and expressly disclaims any liability for them.
Disclaimer of Warranties.
Your use of the App, including any Applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSPERITY IP INC., ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE APP AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. PROSPERITY IP INC. DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE APP, REGARDLESS OF WHO ORIGINATES THAT CONTENT. PROSPERITY IP INC. DOES NOT WARRANT THAT THE APP IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE APP WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. PROSPERITY IP INC. IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability.
THE ENTIRE CUMULATIVE LIABILITY OF PROSPERITY IP INC. AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM PROSPERITY IP INC., ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSPERITY IP INC. AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PROSPERITY IP INC. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BY USING THIS APP, YOU RECOGNIZE THAT YOU WILL BE IN A LIVE, REAL-WORLD ENVIRONMENT ANDIT IS YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS TO TAKE CARE OF YOURSELF. PROSPERITY IP INC. SHALL NOT BE LIABLE FOR ANY BODILY HARM SUFFERED DUE TO USING THIS APP. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROSPERITY IP INC. AND YOU. PROSPERITY IP INC. WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Termination and Amendment.
Your privilege to use or access the App may be terminated by Prosperity IP Inc. immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the App and agree not to re- register or otherwise make use of the App. Furthermore, you acknowledge that Prosperity IP Inc. reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the App. You understand that Prosperity IP Inc. may exercise this right in its sole discretion. Prosperity IP Inc. reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the App (or any part thereof). Prosperity IP Inc. shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein. You agree to defend, indemnify and hold Prosperity IP Inc. and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your Account.