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ADAPTIVEBEE Terms of Service

Last Update : 05-Oct-2016

ADAPTIVEBEE S.A.S.U. (“ADAPTIVEBEE”, “we” or “us”) develop(s) and provide(s) value-added services and applications, including but not limited to the urfreegames.com website and browser extension (“UR Free Games”, “UR Games” or “the Site”), who facilitates access and use of connected services as (but not limited to) browsing, content usage and sharing, news feed for (collectively the “Service”) available through our website and product offerings, accessible at www.urfreegames.com. Please read carefully the following terms and conditions (“Terms of Service”) and our Privacy Policy, which may be found at: www.urfreegames.com/en-US/privacy-policy and which is incorporated by reference into these Terms of Service. These Terms of Service govern your access to and use of the Site and Service and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Service (“Content”), and constitute a binding legal agreement between you and ADAPTIVEBEE. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

Certain areas of the Site (and your access to or use of certain aspects of the Service or Content) may have different terms and conditions posted or may require you to accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Site, Service or Content, the latter terms and conditions will take precedence with respect to your access to or use of that area of the Site, Service or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICE OR ACCESSING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICE OR CONTENT.

1. Access to the Application

UR Games requires all users to be over 13. UR Games reserves the right to suspend or terminate your use of the Site and Application if any information provided proves to be inaccurate, not current or incomplete. You are responsible for safeguarding any selected password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify UR Games of any unauthorized use of your username or password. If you have not provided this information to UR Games, you may browse all areas of the Site and Application other than those requiring a username and password.

2. Modification

UR Games reserves the right, at its sole discretion, to modify or terminate the Site or Application or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will update the “Last modified” at the top of the home page of the Site. You are hereby on notice that such revision will take effect immediately upon being posted on the website. Each time you use or take part of any offering of the company you agree to review the Terms of service to become aware of such revision without prior notice to you. As with our Privacy Policy, if you do not agree to any of Terms stated, you should discontinue using or participating in any products, services’ company website.

Software that you may use, download or install from the Services may automatically download and install updates from time to time from UR Games. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit UR Games to deliver these to you) as part of your use of the Services.

3. Privacy

See the UR Games Privacy Policy here for information and notices concerning UR Games’ collection and use of your personal information. That policy may be changed from time to time. UR Games recommends that you periodically check for the most current version of the policy.

4. Software

We may require the updating of the Application on your computer, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current End User License Agreement before you will be permitted to use any subsequent versions of the Application. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of the Application. You are not obligated to use any of the features of the Application, including, but not limited to emoticons and video features. UR Games will serve advertisements to you as part of your use of the Application.

The Services may allow you to download, install, access or use software, products or services, including www.urfreegames.com Apps provided by Third Party Providers (“Third Party Services”). Your access or use of the Third Party Services, including the download or use of a www.urfreegames.com App available on the www.urfreegames.com Sites, may be subject to applicable third party rights, terms and conditions with respect to such Third Party Services, and may require that you accept additional terms of use for such access or use, including acceptance of a separate EULA.

You acknowledge and agree that UR Games is not responsible for any Third Party Services, including content, websites, services, UR Games Apps or other software or products provided by Third Party Providers, whether made available on or through the www.urfreegames.com Sites or on or through a www.urfreegames.com App.

You acknowledge and agree that your access or use of the Third Party Services, including your use of a www.urfreegames.com App provided by a third party, may cause information to be shared among your system and such Third Party Service in a manner not governed by these Terms or the UR Games Privacy Policy, and that your rights with respect to privacy in such circumstances will be governed solely by the terms of use, EULA or privacy policies, if any, for such Third Party Service.

5. Ownership

The Site, Application and Content are protected by copyright, trademark and other laws of France and foreign countries. Except as expressly provided in these Terms of Service, www.urfreegames.com and its licensors exclusively own all right, title and interest in and to the Site, Application and Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of www.urfreegames.com used are trademarks or registered trademarks of www.urfreegames.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Content.

Nothing in the Terms gives you a right to use any www.urfreegames.com trade names, trademarks, service marks, logos, domain names or other distinctive brand features.

6. Content License

www.urfreegames.com is distributing modified installers which differ from the originals. The modified installers are compliant with the original software manufacturer’s policies and terms & conditions. Additional software recommendations may be offered to users on an opt-in basis during the installation.

Subject to your compliance with the terms and conditions of these Terms of Service, UR Games grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and download any Content solely for your personal and non-commercial purposes. You will not (and may not permit anyone else to) use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by www.urfreegames.com or its licensors, except for the licenses and rights expressly granted in these Terms of Service. You may not assign (or grant a sublicense to) your rights to use the Services, or otherwise transfer any part of your rights to use the Services.

7. General Prohibitions

You agree not to do any of the following :

A. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

B. Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, www.urfreegames.com’s name, any www.urfreegames.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without UR Games’ express written consent;

C. Access, tamper with, or use non-public areas of the Site or Application, www.urfreegames.com’s computer systems, or the technical delivery systems of www.urfreegames.com’s providers;

D. Attempt to probe, scan, or test the vulnerability of any www.urfreegames.com system or network or breach any security or authentication measures;

E. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by www.urfreegames.com or any of www.urfreegames.com’s providers or any other third party (including another user) to protect the Site, Application or Content;

F. Attempt to access or search the Site, Application or Content or download Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by www.urfreegames.com or other generally available third-party web browsers;

G. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

H. Use any meta tags or other hidden text or metadata utilizing a www.urfreegames.com trademark, logo URL or product name without www.urfreegames.com’s express written consent;

I. Use the Site, Application or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

J. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Content to send altered, deceptive or false source-identifying information;

K. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Content;

L. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

M. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

N. Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;

O. Impersonate or misrepresent your affiliation with any person or entity;

P. Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing. www.urfreegames.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. www.urfreegames.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that www.urfreegames.com has no obligation to monitor your access to or use of the Site, Application or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. www.urfreegames.com reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that www.urfreegames.com, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Site or Application.

8. Copyright and IP Policy

www.urfreegames.com respects copyright law and expects its users to do the same. www.urfreegames.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of www.urfreegames.com or any games integrated on www.www.urfreegames.com users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see www.urfreegames.com’s Copyright and IP Policy for further information.

If you believe that a work residing or accessible on UR Games infringes a copyright, please send a notice of copyright infringement to our e-mail address (contact@adaptivebee.com) and we will address the matter as soon as possible.

You must include the following information in your notice: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail so to allow ADAPTIVEBEE to locate and identify such content; (d) your name, address and email address; (e) a statement that you have a good faith belief that the use of the material in the manner described in your notice is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

9. Links

The Site, Application and Content may contain links to third-party websites or resources. You acknowledge and agree that www.urfreegames.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, product, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by www.urfreegames.com of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

10. Advertisers and related third-parties

Some part of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on browsing habits while using the Service, queries made through the Service or other information.

The manner, mode or extent of advertising by UR Games on the Service is subject to change without specific notice to you.

Your interactions with advertisers or third party vendors found on or through any Site or Service, including any purchases of goods or services, and any terms, conditions, warranties or representations associated with such activities, are governed by the terms as determined between you and the third party. UR Games does not make any warranties with respect to any goods, services or websites that may be supplied or operated by third parties, and you accept that UR Games has no liability for any loss or damage of any kind incurred in connection with your use of or reliance on any content, goods, services, information or other materials on or available through such third parties. You acknowledge the responsibility to read the terms and conditions of such third parties, including privacy policies.

11. Termination and Cancellation

If you breach any of these Terms of Service, www.urfreegames.com will have the right to suspend or disable your use of the Site, Application and Content or prevent your access to the Site, Application and Content or terminate these Terms of Service, at its sole discretion and without prior notice to you. www.urfreegames.com reserves the right to revoke your access to and use of the Site, Application and Content at any time, with or without cause. You may terminate this Agreement at any time by uninstalling and destroying all copies of the www.urfreegames.com software for the Application in your possession or control.

12. Disclaimers

THE SITE, APPLICATION AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND YOU USE THEM AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, www.urfreegames.com EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. www.urfreegames.com MAKES NO WARRANTY THAT THE SITE, APPLICATION OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY THAT THE SITE, APPLICATION AND CONTENT WILL NOT CAUSE DAMAGE TO ANY NETWORK, COMPUTER ONLINE SYSTEM, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR YOUR USE OR ABILITY TO USE ANY SERVICE OR OTHER WEBSITE ONLINE ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED OR RELATING TO OR RESULTING FROM USING THE SITE, APPLICATION AND CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM www.urfreegames.com OR THROUGH THE SITE, APPLICATION OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION. YOU UNDERSTAND THAT www.urfreegames.com DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR APPLICATION, NOR DOES www.urfreegames.com MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR APPLICATION. www.urfreegames.com MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

13. Indemnity

You agree to defend, indemnify, and hold www.urfreegames.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application or Content, or your violation of these Terms of Service.

14. Limitation of Liability

www.urfreegames.com’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50 (FIFTY U.S. DOLLARS). YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT REMAINS WITH YOU. IN NO EVENT WILL www.urfreegames.com BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND CONTENT WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT www.urfreegames.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Other Terms related to offered Games

UR Games allows you to enjoy various game features, these games are provided by third party suppliers and affiliates who offer the games through UR Games ("Third Party Partners" and “Third Party Games” respectively). Some of the Third Party Games are available for free, however, other might require payment or subscription. UR Games provides access to the Third Party Games, however, ADAPTIVEBEE has no control over the Third Party Games including without limitation their quality or any error, malicious code, delays, inaccuracies, or omissions content contained or displayed therein. While your use of the Third Party Games you are subject to the applicable Third Party Partners’ terms of services and privacy policies, which may be found on the relevant Third Party Partners’ website. ADAPTIVEBEE has no control over such Third Party Games, sites, content and resources, you hereby acknowledge and agree that ADAPTIVEBEE is not responsible for the availability of such external sites or resources, and does not endorse nor responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ADAPTIVEBEE shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Partners’ Games, including any goods or available therein, you use of the Third Party Games shall be solely at your own risk.

16. General

These Terms of Service will be governed by and construed in accordance with the laws of France, without regard to conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer these Terms of Service or any rights granted hereunder, by operation of law or otherwise, without www.urfreegames.com’s prior written consent, and any attempt by you to do so, without such consent, will be void. www.urfreegames.com may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. Any notices or other communications permitted or required hereunder, will be provided to you in one of the following ways: by posting on the Site, by email or through Application notifications. The failure by either party to enforce any provision of these Terms of Service will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms of Service will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms of Service is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. These Terms of Service are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and www.urfreegames.com have executed a separate agreement.

17. Contacting us

If you have any questions about these Terms of Service for the ADAPTIVEBEE UR Games, please contact ADAPTIVEBEE at contact@adaptivebee.com.

Mail subject: Terms of Use Issues

Address: 20, rue Bouvier, 75011 Paris, France

E-mail: contact@adaptivebee.com

Website: http://www.adaptivebee.com

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