Terms of Use

TERMS AND CONDITIONS OF WEBSITE and GAME USE
Updated December 2009.

This Website is provided by Sweet Robot A/S ( “Sweet Robot" and "we") , headquartered at Drammensvein 167, Oslo, Norway N0277. Your use of this Website and “Pets vs. Monsters”, (our “Game) is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
By checking the Agreement acceptance box or by using our website and/or game, you represent that you are of legal age in your jurisdiction and are accepting this Agreement in its entirety either on behalf of yourself or your minor child. If you do not affirmatively accept this Agreement, you decline our offer and you are not permitted to download or use the Software or access the Game.IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE OR THE GAME.

1. Right to Use this Website
Sweet Robot grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Sweet Robot and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Sweet Robot and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

2. Copyrights
All Content is copyrighted, and it is either owned or used with permission by Sweet Robot. Sweet Robot disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Sweet Robot.

Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppels, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

3. Trademarks
The trademarks, logos, and service marks displayed on this Website are owned by Sweet Robot and third parties, and this Website's trade dress is owned by Sweet Robot(collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Sweet Robot are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppels, or otherwise, any right or license to use any Trademark.

4. Your Communications to Sweet Robot; Sweet Robot Rights to Your Submissions
Sweet Robot does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Do not send to Sweet Robot any unsolicited materials, such as ideas games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content.

Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Sweet Robot via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Sweet Robot will not assume any responsibility, obligation, or liability for them or for Sweet Robot's receipt or non-receipt of them. Sweet Robot's receipt of Your Submissions is not an admission by Sweet Robot of their novelty, priority, or originality, and it does not impair Sweet Robot's right to contest existing or future intellectual property rights relating to Your Submissions.

You grant Sweet Robot a non-exclusive, royalty-free, perpetual, irrevocable, and sub licensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Sweet Robot in this User Agreement, do not and will not infringe any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Scheduled and Unscheduled Service Interruptions

The Game is an "online" game that must be played over the internet and Sweet Robot reserves the right to interrupt, modify , suspend, cancel or terminate the Software or the Game with or without prior notice for any reason or no reason. You agree that Sweet Robot will not be liable for any interruption, delay or failure of the Software or the Game to perform, and you understand that you shall not be entitled to any refund of fees or compensation for interruption to your use of the Software or the Game or any failure of the Software or the Game to perform.
6. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity. Nor will you (g) use any software to modify the Software to change the Game play;(h) create, facilitate, host, link to or provide any other means through which the Game may be played by others through interception, emulation or redirection of the communication protocols used by Sweet Robot, including without limitation through protocol emulation, tunneling, data mining, packet sniffing, modifying or adding components to the Game, use of a utility program or any other technique now known or hereafter developed, for any purpose including but not limited to unauthorized network play over the internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; (i) except in connection with Sweet Robot authorized services, you may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) the Game, an Account, any characters, items, coin or copyrighted material or any other Rights owned or controlled by us or our licensors, or otherwise exploit the Game or Software for any commercial purpose .

7. Community Areas; Code of Conduct
Sweet Robot may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, Sweet Robot will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although Sweet Robot reserves the right to do so in its sole discretion. Sweet Robot does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.

As to any information or content that you upload or post to this Website, you represent and warrant to Sweet Robot that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).

Sweet Robot reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Sweet Robot also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website.

8. Investigations; Cooperation with Law Enforcement; Termination
Sweet Robot reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

9. Security and Privacy Measures
Sweet Robot must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Sweet Robot respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please click here to review our Privacy Policy.
You acknowledge that any and all character data that is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) utilize our servers and may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and you expressly consent to such monitoring of communications you send and receive.
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Sweet Robot and must agree to adhere to industry-accepted best practices to safeguard personal information. Nevertheless, we cannot guarantee complete security of personal information.

When running, the Game may monitor your computers random access memory for unauthorized third party programs running concurrently with the Game which, in Sweet Robot’s sole determination: (i) enable or facilitate cheating of any type; (ii) allow users to modify or hack the Game interface, environment, and/or experience in any way not expressly authorized by Sweet Robot; or (iii) intercept, "mine" or otherwise collect information from or through the Game (an "Unauthorized Third Party Program"). In the event that the Game detects an Unauthorized Third Party Program, (a) the Game may communicate information back to Sweet Robot, including without limitation your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or (b) Sweet Robot may exercise any or all of its rights and remedies under this Agreement.

10. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWEET ROBOTDOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.
11. Links on this Website to and from Other Sites
This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Sweet Robot. Sweet Robot has no control over the content of Linked Sites, and Sweet Robot does not assume any obligation to review any Linked Sites. Sweet Robot does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Sweet Robot disclaims all liability in connection therewith. We require service providers and trusted vendors who operate websites on our behalf to safeguard the privacy of any personal information they handle, adhere to industry-accepted best practices to safeguard personal information, respect our intellectual property rights and the rights of third parties, and operate in accordance with all applicable requirements.

12. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Sweet Robot's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Sweet Robot disclaims all liability in connection with therewith.

13. General Provisions
A. Indemnity
You agree to indemnify, defend, and hold harmless Sweet Robot(which includes Sweet Robot’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.

B. Revisions to this Website and this User Agreement
Sweet Robot may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Sweet Robot may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

C. Operation of Website; Availability of Products and Services
Sweet Robot controls and operates this Website from its headquarters in Oslo, Norway and in the United States of America, and Sweet Robot makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws.

D. Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and Sweet Robot will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in the state of New York and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. This User Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Sweet Robot to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Sweet Robot's operations, and/or Sweet Robot's products or services caused by your act or failure to act.

E. Severability
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.