Please read the information posted below. If you decline the "Terms of Service" below please do not use this web site.
Description of Service
cruelgame.com provides users with access to content and features to learn about and participate with a web-administered, mobile-managed real-world game (the "Service"). In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In order to participate in the game(s) administered by the site, you must obtain access to a mobile telephone and data network. In addition, you must provide all equipment necessary to make such connection to the World Wide Web and/or the mobile telephone voice and/or data network, including a computer and modem or other access device. cruelgame.com may at anytime change or update the "Terms of Service" as stated herein.
Copyright in the content of this website is owned wholly by Jane McGonigal and/or Ian Bogost, or their agents, or other respective copyright owners. Any person ("User") accessing this website is bound to the following terms and conditions, and authorized accordingly. User may view the materials contained on the website ("Materials") for personal use only and not for any commercial gain. No copy of any of the Materials may be sold, given, or otherwise provided to a third party. Any copy of or reference to any content included in the Materials must include the copyright notice which appears along with any such content. Excepting any condition, warranties, rights, or conditions whose exclusion is prohibited by applicable legislation, the materials contained on this website are provided "as is" and without warranty of any kind, expressed or implied. Any person accessing this website acknowledges and accepts that, to the extent permitted by law, cruelgame.com and its owners/operators will be under no liability to User whatsoever whether in contract or tort (including, without limitation, negligence); breach of statute; loss or damage (including but not limited to loss stemming from inaccuracies, typographical errors, or omissions in the Materials). cruelgame.com and its owners/operators reserve the right to occassionally change, modify, or update any of the materials included on the website.
While we screen or otherwise filters communications from its users in advance of posting those communications to the site, we cannot guarantee the accuracy or appropriateness of this content. If, at anytime, you view material that you find offensive or unsuitable, please email email@example.com. We will investigate the situation and decide whether or not to edit or remove the material. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree that you are solely responsible for the form, content, and accuracy of any content written and posted by you to the site. Submitting false or inaccurate information or information that is not your own or for which you do not have rights to reproduce is strictly prohibited. Submitting material that is obscene, sexually explicit, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user, person or entity is strictly prohibited.
Any and all content submitted to cruelgame.com, whether through tools or forms on the website or sent directly to cruelgame.com via email, become the property of cruelgame.com, its operators, agents, or associates.
Participating in the games and events facilitated by cruelgame.com may require you to travel to and take part in activities in public settings, such as city streets. As a part of the games and events you may be asked to interact with other players and/or the general public. By registering for a game, you acknowledge and accept that any actions you perform or activities you take part in as a part of the game and/or event, including but not limited to travling to the game location and interacting with players or the general public before, during, or after the game, you perform at your own risk. By registering for a game or event, you further acknowledge that you may choose not to participate in these activities at any time. cruelgame.com and its owners/operators do not guarantee that this web site will operate error free or that the web site and server are free of computer viruses or other harmful mechanisms. cruelgame.com and its owners/operators do does not imply or guarantee the truthfulness, accuracy or reliability of any communication posted to the web site, nor shall they be held responsible for any damage done to persons, equipment, or data by those persons that use the web site. This web site may contain links 3rd party web sites. These links are provided as a convenience to you do not constitute an endorsement. We are not responsible for the content contained within any of these links. Accessing these links is done so, at your own risk. You must agree to defend, indemnify, and hold harmless cruelgame.com, its owners, operators, associates, and agents from and against any claims, actions or demands. Also, if necessary, reasonable legal and accounting fees alleging or resulting from your use of the website material or your breach of the "Terms of Service" of this agreement will be charged. The material contents of this web site are copyright protected under United States and International Laws. Unauthorized use of the material content is strictly prohibited. In no event shall Open Texture, its owners, operators, associates, and associates be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use the content or features on opentexture.com.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OPEN TEXTURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) OPEN TEXTURE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM cruelgame.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRUELGAME.COM AND ITS OWNERS/OPERATORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL LOSSES AND/OR HARM, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPEN TEXTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Violations
Please report any violations of these Terms of Service to firstname.lastname@example.org.