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Last updated February 2, 2011 Terms of Use

Welcome to the iRok2 Web site! The iRok2 site and associated services provide Users with the ability to mimic the playing of songs in a rhythm music game
within the context of an online community. iRok2 is owned and operated by iRok2 Media Inc.

Acceptance of Terms Through Use

By using the iRok2 Web site and associated services at www.irok2.com (the "Site"and “Service” or “Services”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. You may also be required to register an account on the Service (an "Account"), have a valid account on the social networking service ("Socialnet") through which you connect to the Service, or have an account with the applications provider for your mobile device. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

Representations By You

By visiting the Site, you represent, warrant and covenant that: (a) you are at least 13 years old; (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

Permitted Use

You agree that you are only authorized to visit, view and interact with pages of the Site using an iRok2 supported web browser and iRok2 supported gaming devices for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and services of this Site are the property of iRok2 and are protected by Canadian and international copyright laws.

User Account Information

When creating or updating an Account on the Service, you are required to provide iRok2 with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with iRok2's Privacy Policy. You agree that you will supply accurate and complete information to iRok2, and that you will update that information promptly after it changes.

During the Account creation process, you will be required to select a username and password ("Login Information"). You are encouraged to avoid using a username that would compromise the security of any personal information since your username will be publicly visible. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of iRok2’s, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify support@irok2.com of any potential unauthorized use(s) of your account, or breach of security. You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that iRok2 in its sole discretion deems offensive.

The following rules govern the security of your Login Information:

  • You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account;
  • In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify iRok2 and modify your Login Information;
  • You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
  • You are responsible for anything that happens through your Account.

iRok2 reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You also represent and warrant that during the registration process you agree to receive iRok2 account information, membership updates, product updates, receipts and promotions via e-mail.

Privacy

Please review our Privacy Policy available at www.irok2.com/privacy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. iRok2 may change, suspend, or discontinue any aspect of the Site at any time. iRok2 may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

Use of the Site is governed by the following restrictions:

  • You shall not create an Account or access the Service if you are under the age of 13;
  • You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. Your are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors;
  • You shall not have more than one Account, per platform or Socialnet, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not create an Account or use the Service if you are a convicted sex offender;
  • You shall not have an Account or use the Service if you have previously been removed by iRok2, or previously been banned from playing any iRok2 game;
  • You shall use your Account only for non-commercial purposes;
  • You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
  • You shall not use your Account to engage in any illegal conduct;
  • You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items or virtual currency associated with your Account to anyone without iRok2’s written permission; and
  • You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without iRok2’s permission.
  • If you access the Service from a Socialnet you shall comply with its terms of service/use as well as these Terms of Service.

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF IROK2 POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

  • Engage in any act that iRok2 deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
  • Make improper use of iRok2’s support services, including by submitting false abuse reports; or
  • Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
  • Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service;
  • Without iRok2’s express written consent, modify or cause to be modified any files that are a part of the Service or any iRok2 game;
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any iRok2 game environment (each a "Server"); or (2) the enjoyment of the Service or any iRok2 game by any other person;
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by iRok2, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  • Post any information that contains excessive violence, or offensive subject matter or that contains a link to such content;
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including iRok2 employees, including iRok2’s customer service representatives; or
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a iRok2 employee;
  • Without iRok2’s express written consent, use the Service, any iRok2 game, or any part thereof for any commercial purpose, including but not limited to, (1) permitting, authorizing, or offering use of the Service, any iRok2 game, or any part thereof at a cyber café, computer gaming center or any other commercial establishment provided however that, for clarity, providing the means for users to access the Internet is not prohibited by the forgoing, (2) communicating or facilitating any commercial advertisement or solicitation, or (3) gathering in-game currency, items or resources for sale;
  • Use the Service, any iRok2 game, or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
  • Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; or
  • Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any iRok2 game in any way not expressly permitted by these Terms of Service;
  • Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service or any iRok2 game to store information about iRok2 game characters, elements, or environment. iRok2 may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
  • Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
  • Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
  • Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved by iRok2;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any iRok2 game, or to obtain any information from the Service or any iRok2 game using any method not expressly permitted by iRok2; or
  • Copy, modify or distribute rights or content from any iRok2 site or game, or iRok2’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
  • Solicit or attempt to solicit personal information from other users of the Service or any iRok2 game; or
  • Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
  • upload or transmit (or attempt to upload or to transmit), without iRok2’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").

Community Conduct

In using the Site you understand and agree to abide by standards of social conduct deemed by iRok2 to be acceptable to the iRok2 community. In interpreting acceptable community conduct iRok2 attempts to conform to generally used guidelines such as the YouTube Community Guidelines (see http://www.youtube.com/t/community_guidelines?gl=CA&hl=en), but the decision of what conduct breaches acceptable community conduct on the Site is at the sole discretion of iRok2. iRok2 reserves the right to terminate the service and remove the content of any user whom it deems a violator of such community conduct.

Violation of the Terms of Use

You understand and agree that in iRok2’s sole discretion, and without prior notice, iRok2 may terminate your access to the Site and/or iRok2 Services, or any part thereof , or exercise any other remedy available and remove any unauthorized user information, if iRok2 believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of iRok2, or any third party, or violates iRok2 community conduct, or violates the law. You agree that monetary damages may not provide a sufficient remedy to iRok2 for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. iRok2 may release user information about you if required by law or subpoena.

Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, IROK2 MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO IROK2 SERVICES OR PORTIONS THEREOF IF YOU ARE, OR IROK2 SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND IROK2 IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SITE AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

iRok2 reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, iRok2 shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may cancel any Account registered to you at any time by following the instructions on iRok2.com.

Copyright Policy

We may terminate the privileges of any user who uses the Site to unlawfully transmit or link to copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

DMCA Policy

It is iRok2’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millenium Copyright Act. If you are notifying iRok2 of alleged copyright infringement, you must provide information in the form required by 17 U.S.C. Section 512 as set out in the Copyright section of the Site. iRok2 reserves the right to terminate without notice any User's access to the iRok2 Service if that User is determined by iRok2 to be a "repeat infringer." In addition, iRok2 accomodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

Intellectual Property

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by iRok2 or our licensors. The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a iRok2 game client, and the iRok2 game clients and server software) are copyrighted works owned by iRok2 Inc. iRok2 reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. iRok2, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by iRok2. The use or misuse of any of these materials is strictly prohibited. You acknowledge that all content and materials you may access through links provided on this Site to third party sites are the property of the third party sites or their licensees and you agree to follow the terms of access to content and materials as may be set by the third party sites or their licensees.

OWNERSHIP AND USE OF INFORMATION

Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF IROK2. IROK2 RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Virtual Goods

Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any iRok2 game, whether earned in a game or purchased from iRok2, or any other attributes associated with an Account or stored on the Service.

iRok2 prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by iRok2 in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without iRok2’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

User Generated Content

"User Generated Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a iRok2 game client or the Service, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by iRok2 in accordance with its Privacy Policy.

You hereby grant iRok2 a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. iRok2 assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time iRok2 chooses, in its sole discretion, to monitor the Service, iRok2 nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. iRok2 cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. iRok2 shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

IROK2 IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.

Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and iRok2 assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact us at Customer Support.

iRok2 may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of iRok2 violates these Terms of Service.

iRok2 reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

You expressly agree that We have the right, at all times, and at our sole discretion, to disclose any user content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when We have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow Us to satisfy any applicable law, regulation or governmental request; (c) to allow Us to enforce these Terms of Service, the iRok2 Privacy Policy or any other agreement, terms or policy relating to the Service, (d) to protect our legal rights and remedies; (e) in other circumstances in which We believe the iRok2 games or web sites are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when We have a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of iRok2, or for Us to render the Service you have requested.

Links and Search Results

The Site contains links to sites operated by third parties throughout the World Wide Web and features whereby Users may link iRok2 game interaction to content on third party sites. Links to sites operated by third parties are provided solely as a convenience to iRok2 users. iRok2 has no control over these sites or the content within them. iRok2 does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. iRok2 expressly does not license your use of any content contained in any third party site. iRok2 does not represent or warrant that the content contained in any third party site, or your use of it is legal under copyright or fair use laws and you or the third party site are solely responsible for your use of content contained in any third party site. iRok2 does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. iRok2 makes no representation or warrantee about the continuing validity of any link on the Site that connects the iRok2 game to content on third party sites. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against iRok2 for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at support@irok2.com.

USER INTERACTION

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or iRok2 games. iRok2 reserves the right, but has no obligation, to become involved in any way with these disputes.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

PURCHASES

In the Service you may purchase, with "real world" money, a license to use (a) "virtual currency", including but not limited to virtual coins, cash, tokens, or points, all for use in iRok2 games; (b) "virtual in-game goods" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.

You can order Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. iRok2 keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and iRok2 is not a party to the transaction.

For Virtual Items, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.

The provision of Virtual Items for use in iRok2 games is a service provided by iRok2 that commences immediately upon acceptance by iRok2 of your purchase. By ordering Virtual Items you agree and accept that iRok2 will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service from iRok2, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.

In the Service you may also be linked to third party sites where you may purchase “real world” goods and services from independent vendors. You agree that iRok2 is not a party to such purchase transactions and you accept that iRok2 has no responsibility to you regarding such purchases.

Fee Payments

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. iRok2 may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT IROK2 IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Advertising

The Site may contain advertisements, offers and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

iRok2's disclosure of information for third party advertising is addressed in iRok2's Privacy Policy.

iRok2 may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. iRok2 makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of iRok2 and may collect data or solicit personal information from you. iRok2 is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of iRok2 of these linked sites.

UPDATES

You understand that the Service is an evolving one. iRok2 may require that you accept updates to the Service and to iRok2’s games. You acknowledge and agree that iRok2 may update the Service and iRok2 games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play iRok2’s Games.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER IROK2, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL IROK2, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold iRok2, and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein or that arise from your use or misuse of content in third party sites accessed from links provided in the iRok2 Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Refund and Cancellation Policy

When and if applicable, you will pay all fees or charges to your account based on iRok2's fees, charges, and billing terms in effect as shown in the membership sign-up pages at www.irok2.com. You are responsible for paying any taxes that may apply. If you do not pay on time or if iRok2 cannot charge your credit card, PayPal or other payment method for any reason, iRok2 reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. If you cancel your account at any time, you will not receive any refund. By using the Site, you consent to receiving electronic communications from iRok2. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site. These electronic communications are part of your relationship with iRok2. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you have a balance due on any account, you agree that iRok2 may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

If you are unsatisfied with the Services for any reason and notify us during the applicable refund period, iRok2 will provide you with a refund in accordance with our Satisfaction Guarantee.

International Use

By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. iRok2 makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any Canadian export laws and regulations.

Disputes

These Terms of Use and your relationship with iRok2 shall be governed by the laws of the province of British Columbia, Canada. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the iRok2 Site or Services, or these Terms of Use, including any tort claim, shall be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you and iRok2 agree that any claim arising out of or related to use of the iRok2 Site or Services, or these Terms of Use, including any tort claim, shall be subject to final and binding arbitration submitted solely in the City of Vancouver, British Columbia.

Integration and Severability

This Terms of Use constitutes the entire agreement between iRok2 and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Headings

Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.

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