Heroic Interactive Inc. (“Heroic Interactive”, “we”, “us”, “our”) welcomes you to the Spy Alliance: Connor Undercover website located at www.spyalliance.com and also via www.connorundercover.com (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.
Children under the age of thirteen (13) are not permitted to register on this Website without parental consent. On-line purchases are limited to persons above the age of majority in their jurisdiction of residence.
Ownership/Restrictions on Use
The Website is owned and operated by Heroic Interactive. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to Heroic Interactive, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Heroic Interactive. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Heroic Interactive. To obtain written consent for such reproduction, please contact us at info@spyalliance.com.
Registration and Passwords
To access certain portions of the Website and/or to purchase products online, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you may be given a username and may create a password. You alone are responsible for keeping that password and user name confidential, and for any and all activity that occurs on this Website under such user name or password. You agree to immediately notify Heroic Interactive of any unauthorized use of your password or user name or any other breach of security.
Paid Services
Some goods and services on our Website may include virtual, in-game digital goods (“Virtual Goods”) that may be purchased from Heroic Interactive with Canadian dollars or our virtual currency (“Virtual Currency”). Virtual Currency may be acquired through the use of our Website or you may purchase Virtual Currency from Heroic Interactive provided you are the age of majority in your jurisdiction of residence.
Other than a limited, personal, revocable, non-exclusive, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Website, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating on the Website, or any other attributes associated with the use of the Website. Outside of the Website, you may not buy or sell any Virtual Currency or Virtual Goods or otherwise exchange Virtual Currency or Virtual Goods for consideration.
No matter how you obtain Virtual Currency or Virtual Goods, Virtual Currency and Virtual Goods are non-transferable and have no cash value. Virtual Currency may only be redeemed for Virtual Goods. All sales of Virtual Currency and Virtual Goods are final. Redemptions of Virtual Currency for Virtual Goods will be made in the following order, regardless of the order in which they were acquired: (i) Virtual Currency purchased from Heroic Interactive; and (ii) Virtual Currency acquired through the use of our Website. Once you redeem your Virtual Currency, the amount redeemed will be deducted from your balance. All redemptions of Virtual Currency for Virtual Goods are final. Unless prohibited by law, no refunds will be given, except in our sole and absolute discretion. While Virtual Currency does not have a set expiration date, all Virtual Currency and Virtual Goods will be forfeited if your account is terminated or suspended in accordance with these Terms of Use or if Heroic Interactive terminates the services provided on the Website.
Heroic Interactive is constantly developing the goods and services provided on the Website and has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit, and Heroic Interactive shall have no liability to you or anyone for the exercise of such rights.
Linking
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Heroic Interactive and that Heroic Interactive has no control over the content of such websites. Consequently, Heroic Interactive cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
We welcome any feedback that you may have concerning the external links that we have placed on our Website.
User Conduct
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations.
In addition, without limiting the foregoing, you agree not to:
a) post, e-mail or otherwise transmit any material that:
i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or
iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website without the express consent of such users;
c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
d) impersonate any person or entity, including, but not limited to, a Heroic Interactive employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
f) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
g) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
The foregoing is hereinafter collectively referred to as the “Code of Conduct”.
Disclaimer/Limitation of Liability
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEROIC INTERACTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEROIC INTERACTIVE DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL HEROIC INTERACTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF HEROIC INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
ALL OTHER TERMS AND CONDITIONS GOVERNING THE PURCHASE OF ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU PURCHASE A PRODUCT.
Indemnity
You agree to indemnify and hold harmless Heroic Interactive, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.
In particular, you agree to indemnify and hold harmless Heroic Interactive, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content.
Privacy
Heroic Interactive respects your right to privacy of your personal information. Please review our Privacy Policy [Insert link to Privacy Policy] for details on the manner in which we collect, use, disclose and otherwise manage your personal information.
Changes and Termination
Heroic Interactive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Heroic Interactive reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Heroic Interactive to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website. Any changes to the terms and conditions governing your purchases on the Website will be communicated to you via e-mail.
Trademarks
Heroic Interactive Inc. and Spy Alliance are trademarks of Heroic Interactive. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Heroic Interactive. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Applicable Laws
These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario, as applicable notwithstanding any conflict of laws provision. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Heroic Interactive with respect to the use of the Website, including the Content.
Notice
Notices related to the terms and conditions governing your purchases may be made via e-mail, and in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
If you have any questions or comments regarding these Terms of Use please contact us at info@spyalliance.com.
Last updated August, 2010
