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10X10 ROOM LLC

TERMS OF USE

Last modified: October 16, 2012

These Terms of Use govern your use of the Conclave website (the “Site”) and the game offered on the Site (the “Game”). Please read them carefully before creating an account or playing the Game.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.

1. AGREEMENT TO TERMS

By creating an account on the Site or playing the Game on the Site, you agree to these Terms of Use. Each time you use the Site or play the Game, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site or playing the Game. You cannot play the Game until you have accepted these Terms of Use. The Site is owned and operated by 10x10 Room LLC (“10x10 Room”). 10x10 Room may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site or playing the Game. You are responsible for staying informed of any changes to these Terms of Use. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site or the Game.

2. ELIGIBILITY

To be eligible to play the Game, you must be (a) of lawful age, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms and (b) be physically located in a state or country in which the Game is not restricted by law. By registering to play, you are certifying that you meet these eligibility requirements.

3. REGISTRATION

In order to play any Game, you must first register and create an account. To do so, you must complete the registration form on the Site and acknowledge your agreement to these Terms of Use. You will also be asked to provide a user name and password. You may also choose to purchase virtual items, goods, or services for the Game (“the Premium Features”). By creating an account or by purchasing Premium Features you represent and warrant that all information you submit is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in the termination of your account and forfeiture of any benefit to which you may otherwise be entitled to on the Site or the Game. Upon registration, you will receive a confirmation of your registration via e-mail. 

You are entirely responsible for ensuring that your account information is current and for maintaining the confidentiality of your account information. You are entirely responsible for maintaining the confidentiality of your password and for changing your password periodically. You are not entitled to sell or in any way transfer your account. And you are entirely responsible for any actions taken by you or anyone you allow to use your account. Therefore, you agree to safeguard your account from access by others. You may not use the account, username, or password of someone else at any time. If you believe that your account has been compromised, you must immediately notify 10x10 Room. You agree to indemnify and hold harmless 10x10 Room for losses incurred by 10x10 Room or another party due to someone else using your account or password.

4. GAMES AND FEATURES

10x10 Room may, in its sole discretion, and at any time: (a) modify the Game or features thereof; (b) add additional Games or features; or (c) remove existing Games or features. Although 10x10 Room sometimes may provide you with notice of changes, 10x10 Room reserves the right to make changes without notice.

5. PREMIUM FEATURES, FEES, AND PAYMENTS

5.1 BASIC VERSION

The basic version of the Game is free to play and upon creating an account, you may play the basic version of any Game. The basic version of any Game has no time limitations and is fully playable.

5.2 PREMIUM FEATURES

The Game has Premium Features which are available only upon payment of a fee. Details on which Premium Features are currently available for the Game, the costs of such Premium Features, payment options, and any other requirements will be listed on the Site.

5.3 SUBSCRIPTION / AUTOMATIC RENEWAL

Some Premium Features may be offered and billed on a recurring basis (for example, a monthly basis). If you subscribe to any Premium Feature that is offered and billed on a recurring basis, your subscription will renew automatically unless you affirmatively cancel your subscription no less than fourteen (14) days before the end of your current billing cycle. 

Fees for any Premium Feature will be collected from the bank, credit, or debit account you submit until and unless you choose another form of payment or cancel your subscription to such Premium Feature. The name “10x10 Room” will appear on your statement.

5.4 ADJUSTMENT OF FEES AND CHANGES TO PREMIUM SERVICES

10x10 Room may, at any time, modify the fees for Premium Features, introduce new Premium Features or forms of payment, or remove forms of payment. In the event that 10x10 Room modifies the fee for any subscription, 10x10 Room will provide notice to users at least six (6) weeks before the change will take place. The modified fee will take effect on the date indicated in the notice unless you elect to cancel your subscription to the Premium Service in accordance with the instructions set forth in the notice.

As the Games are developed and improved, 10x10 Room reserves the right to discontinue any Premium Features and/or to offer them in the basic version of the Game. Where possible, 10x10 Room will make efforts to notify you in advance of making such a change, but 10x10 Room makes no guarantees in this regard.

5.5 FEES FOR BILLING

You are responsible for paying any fees that 10x10 Room may incur as a result of attempting to bill you for any Premium Services which you have selected. In case of late payment, 10x10 Room is entitled to (a) collect an interest rate of 5% above the fee for the Premium Feature(s) and (b) discontinue your access to any Games until you have paid. No additional fees will be assessed during the period an account is deactivated. However, 10x10 Room may assess a processing fee for deactivating the account, informing you about the deactivation, and for reactivating the account or creating a new account upon full payment.

In case of chargeback, 10x10 Room is entitled to (a) collect a $13.00 service fee and (b) discontinue your access to the Game until you have paid. No additional fees will be assessed during the period an account is deactivated. However, 10x10 Room may assess a processing fee for deactivating the account, informing you about the deactivation, and for reactivating the account or creating a new account upon full payment.

6. CODE OF CONDUCT

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. 10x10 Room reserves the right to investigate and take appropriate legal action against anyone who, in 10x10 Room’s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:

7. TERMINATION OF ACCOUNT

10x10 Room reserves the right in its sole discretion to disqualify and terminate the account of any individual for any reason including, but not limited to: (a) violation of these Terms of Use; (b) disrupting the play of the Game or acting in an unsportsmanlike manner; (c) failure to pay fees in a timely manner; or (d) failure to log on to an account for more than four (4) weeks. If you believe your account has been terminated in error contact 10x10 Room via support@10x10room.com.

8. CANCELLATION OF ACCOUNT

Many Game pages will offer an option for users to cancel their subscriptions to Premium Features. If you want to cancel a subscription for a Premium Feature and no such option is specifically offered on the Site, you may cancel by sending a message to 10x10 Room via support@10x10room.com. Please include the name of the Premium Feature in the subject line.

9. TECHNICAL REQUIREMENTS

10x10 Room does not provide, install, or support any third-party software that may be necessary to run the Game. You are solely responsible for obtaining and installing any third-party software that may be necessary to run the Game. 10x10 Room is not liable for damages or loss of data that may be caused by the installation or use of any third-party software.

10. ACKNOWLEDGEMENT OF PROPRIETARY RIGHTS

By registering for an account, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by 10x10 Room. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your Game account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. 10x10 Room neither warrants nor represents that your use of materials contained on the Site will not infringe rights of third parties. 

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including the name of the Game, are registered and unregistered Trademarks of 10x10 Room and/or other parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the 10x10 Room or any other Trademark owner. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. 10x10 Room will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, where appropriate.

11. SUBMISSIONS BY YOU

Any communication or material you send to 10x10 Room or post on the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by 10x10 Room for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. 10x10 Room may, in its sole discretion, remove or edit any content that it deems to be inappropriate, offensive, or otherwise in violation of these Terms of Use. Furthermore, 10x10 Room is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to 10x10 Room or post on the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without obtaining your permission and without any compensation to you.

12. WARRANTIES

The Site and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, 10X10 ROOM, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 10x10 Room makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. 10x10 Room cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. 10x10 Room cannot and does not guarantee or warrant that files available for downloading from this Site will be free of defects or of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. 10x10 Room cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. 10x10 Room does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

13. LIMITATION OF LIABILITY

10X10 ROOM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH 10X10 ROOM IS TO DISCONTINUE YOUR USE OF THE SITE OR THE GAME. 10X10 ROOM AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR PHONE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 10X10 ROOM HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, 10X10 ROOM’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14. PRIVACY

Unless otherwise required by law or permitted by you, 10x10 Room will collect, process, or use personally identifiable information for the purposes of allowing you to register for the Site, to play the Game, to bill you for services and to contact you with information or promotional material we believe will be of interest. 10x10 Room reserves the right to collect and share general demographic information and other market information that does not personally identify you without additional consent. 10x10 Room, its subsidiaries or affiliates or its marketing partners may send you information about new games, or other features on the Site. However, you will have the opportunity to opt-out of receiving any commercial e-mail messages. To view the 10x10 Room Privacy Policy, visit https://www.playconclave.com/privacy.

15. COPYRIGHT PROTECTION

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting 10x10 Room (as set forth below) and providing the following information:

In an effort to protect the rights of copyright owners, 10x10 Room maintains a policy for the termination, in appropriate circumstances, account holders of the Site who are repeat infringers.

16. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Site resides in the federal or state courts located in the State of Massachusetts, County of Middlesex, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. 

Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, your play of the Game shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Massachusetts, County of Middlesex. 

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.