Terms of Use – Cycorp FACTory

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

1. Acceptance of Agreement. This agreement can be accepted only by an adult 18 years or older. By using this web site, you affirm that you are an adult, 18 years or older, and either you are accepting this agreement on your own behalf, or you are accepting this agreement on behalf of your minor child.

2. Acceptance for Minor. If you accept this agreement on behalf of a minor, then you are subject in all respects to and responsible for compliance with all obligations under this agreement as if you were the minor. You may determine that the content of this game is not appropriate for your minor, that you do not want information to be collected from your minor, or that you do not want your minor's responses to be used by the Company. If you are accepting for a minor, you represent to Cycorp that you have reviewed this web site and the game, and have determined that this game is appropriate for your minor in all respects.

3. Grant of License. Cycorp grants you a non-exclusive right to use this software for play. You may not (i) rent, lease, transfer or sublicense the software, (ii) modify, adapt, translate, reverse engineer, decompile or disassemble the software, (iii) attempt to create the source code from the object code for the software, (iv) download game content for any purpose other than game play, (v) attempt to get a password, other account information, or other private information from any other user; or (vi) promote or encourage any illegal activity, including hacking, cracking or distribution of counterfeit software.

4. Ownership of Intellectual Property. The information and materials on the web site are owned exclusively by Cycorp and are protected by copyright law, trademark and trade name law, and other laws relating to the protection of intellectual property. By accepting the terms of this agreement, you acknowledge that all content, trademarks, service marks, logos and other intellectual property on the web site is the sole and exclusive property of Cycorp.

5. Collection of Information. Before you can play, you will be asked to create an account with a login and password or other identifying alias information. You may also be asked to select or provide additional information for a game profile. This information will not identify you personally.

6. Compilation of Information. Cycorp will be collecting information and compiling responses using data received from your playing this game. By accepting this agreement, you agree to the use of all such information by Cycorp for that and for any other purpose.

7. Deactivation of Accounts. Cycorp reserves the right to deactivate accounts at any time in its sole discretion.

8. Game Modification or Discontinuance; Agreement Termination. Cycorp reserves the right to modify the game, discontinue the availability of the game, and/or terminate this agreement in each case, at any time, in its sole discretion.

9. Cautionary Statement re Content. The content on the web site, including the sentences used in the game, are selected and generated automatically. Some may be offensive in nature. Cycorp has no responsibility for any damages whatsoever as a result thereof.

10. Warranty Exclusion and Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE GAME, SOFTWARE, WEB SITE, AND ALL RELATED ITEMS AND SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, CYCORP DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT.

    CYCORP DOES NOT WARRANT THAT THE GAME, THE SOFTWARE OR THE WEB SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT THE GAME OR THE SOFTWARE IS FREE OF COMPUTER VIRUSES AND OTHER HAZARDS.

    IF USE OF THE GAME OR THE SOFTWARE OR THEIR CONTENT RESULTS IN THE NEED FOR REPLACING OR SERVICING ANY OF YOUR COMPUTER EQUIPMENT, DATA OR OTHER PROPERTY, CYCORP IS NOT RESPONSIBLE FOR THESE DAMAGES OR FOR ANY COSTS INCURRED AS A RESULT THEREOF. IN ADDITION, CYCORP DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL NOT DAMAGE THE HARDWARE ON WHICH IT IS OPERATED.

    IN NO EVENT SHALL CYCORP BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) RESULTING FROM THE INABILITY TO USE THIS SITE, PLAY THE GAMES ON THIS SITE, OR OTHERWISE RELATING IN ANY WAY TO THE SITE, OR THE CONTENT ON OR USE THEREOF, WHETHER BASED IN WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYCORP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN THE EVENT OF ANY DAMAGES WHATSOEVER, CYCORP'S LIABILITY TO YOU IS LIMITED TO $10.00.

    IF ANY APPLICABLE LAW MAKES ANY PROVISION IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION THIS SECTION, UNENFORCEABLE, THEN THIS AGREEMENT SHALL BE MODIFIED ONLY IN THE JURISDICTION WHOSE LAWS GOVERN THIS AGREEMENT, AND ONLY TO THE MINIMUM EXTENT NECESSARY TO RENDER THIS AGREEMENT ENFORCEABLE UNDER SUCH APPLICABLE LAW.

11. Indemnity. You agree to defend, indemnify and hold harmless Cycorp, its officers, directors, employees, agents, and affiliates, from and against any and all liabilities, actions, or demands of any nature whatsoever, including without limitation, reasonable legal fees and costs, arising or resulting in any way from your use or inability to use the web site or from any damage to you resulting from your use or inability to use the web site or any aspect thereof.

12. Amendment by Cycorp. Cycorp reserves the right to amend this agreement at any time without prior notice, and you are obligated to abide by this agreement as it may be so amended from time to time.

13. Miscellaneous. This agreement shall be interpreted in accordance with the laws of the State of Texas without regard to conflicts of law or choice of law principles that direct the application of the laws of a different state. Any dispute arising from this agreement shall be determined by binding arbitration in Austin, Texas, using the rules of, but not under the jurisdiction of, the American Arbitration Association. The rule of construction that agreements are to be construed strictly against the drafter shall not apply to this agreement. If any provision of this agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this agreement shall not be affected thereby. This agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supercedes all prior and contemporaneous oral negotiations, commitments, and understandings of the parties, all of which are merged herein. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.