The Migrant Trail – The Online Game
Terms of Use
Effective date: October 1, 2013
You have arrived at the online video game, The Migrant Trail. Before you (“You”) begin exploring and generally using The Migrant Trail service, including the software program (the “Software”) that you are installing on your device and/or The Migrant Trail website located at www.themigranttrail.com (the “Site”), please read these Terms of Use carefully. This is a legally binding agreement between Hiptruth Productions, LLC (“Owner” or “us”) and You that outlines the terms and conditions applicable to the Service. The term the “Service” refers to the Software, the Site, their contents as well as related software applications, plug-ins, games, forums and other services and applications available on the Site.
By using the Service, You specifically agree to abide by these Terms of Use and any modifications thereto. Your use of the Service and the contents thereof is for Your personal use only. You may not use the Service, the Site or its contents for any commercial purpose or any purpose that is unlawful or prohibited by the Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If You do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is Your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
You confirm that You are at least 13 years of age. The Service is not intended for children under the age of 13, and they may not register for the Service or use it in any manner. If You are under the age of eighteen (18) You also affirm that You have obtained the consent of Your parent or legal guardian to use the Service and to agree to the Terms of Use.
1. Privacy Policy.
Please carefully review our Privacy Policy, which governs our gathering and use of information about You located at www.TheMigrantTrail.com/privacypolicy. The Privacy Policy is part of the Terms of Use and by accepting these Terms of Use, You accept our Privacy Policy.
2. Your Content License to the Service.
In the event that the Site allows You to upload content to the Site, You understand that whether or not such content is displayed on the Service, we do not guarantee any confidentiality with respect to such content. In connection with such content, You agree as follows:
When You upload Your content to Service, You are granting to Owner and its affiliates (and to third parties authorized by Owner) a non-exclusive perpetual, irrevocable, royalty-free, transferable, sublicenseable, worldwide license to host, copy, exhibit, cache, reformat, modify, adapt, prepare derivative works of, store, publish, translate, reproduce, distribute, transmit, publicly perform, publicly display, and otherwise use and re-use that content in and in connection with the Service, as well as in related advertising and promotion, by and through any and all means and media, both now known and later invented or discovered including (without limitation) the right to make Your content available on third party websites. This right includes (without limitation) the right to compile Your content with the content of others and use it, and permit others to use it, in that form.
You understand that the Service may permit its viewers to view, copy and share videos and other content on the Service, which is displayed or located in the public viewing areas (the “public content”), provided they abide by the Service’s rules. Accordingly You agree that under this license, we may permit visitors to the Service to copy Your public content, share the same with whomever they please, and invite them to share it with whomever they please. In this regard, you give us your permission to add The Migrant Trail or other onscreen logos to transmissions of Your public content so that any copy will identify Owner as the source.
The Owner also shall have the right under this license to index Your public content and other information and make it available to web spiders and crawlers, for purposes of facilitating and encouraging links to, and use of, the Service by others.
You will receive no royalty or other compensation for this license or for any such licensed use. You agree that having Your content uploaded to the Service is adequate consideration for this license and for Your agreement generally to the Terms of Use. You waive all moral rights, ancillary rights, and similar rights in and to the content You upload. The Owner is not responsible for any unauthorized use by persons or entities other than Owner of Your content. You acknowledge and agree that Owner may offer on the Service, in proximity to Your content, other content that may include advertising.
3. Permission to Use Names, Images and Third Party Property.
You permit Owner, its affiliates, and third parties authorized by Owner to use Your name and/or a username other than Your true name (if you prefer), in connection with any content You upload, to identify its source as You. You shall be solely responsible for Your own content and the consequences of posting or publishing such content. In connection with such content, You affirm, represent, and warrant that: You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize Owner to use, distribute or otherwise exploit in all ways permitted by the Terms of Use, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any content that You put on or upload to the Service. You agree not to upload any content that is inconsistent with this warranty. Without limitation, if any recognizable persons, any music, or any other intellectual property belonging to third parties, is included in any content You upload, You warrant that You have authority to do so and to permit Owner to make use of that content as provided in the Terms of Use. Owner is not responsible for any unauthorized use of such names or depictions, or any third party property, in Your content.
4. Improper Use of the Service.
You may not upload to the Service any content, including video and text, that is pornographic, harassing, threatening, obscene, vulgar, offensively violent, abusive, sexually explicit, defamatory, bigoted, hate-related, invasive of privacy, confidentiality, or publicity rights, infringing of copyright, trademark, trade secret or other proprietary rights, advocating illegal activity or discussion of illegal activity, or otherwise in violation of any law or rule. You remain solely responsible for all such content, and Owner disclaims all liability relating to it. Owner may remove content from the Site for any reason, and reserves the right to edit or otherwise modify content that You upload to cause it to conform to Owner’s policies, all in its sole and absolute discretion. Ordinarily, however, Owner will not modify Your content, except as follows: (a) to add an identifier for the Service, including, without limitation, any names and logos of the Service, Owner and/or third parties, and (b) to modify meta data You submit, including but not limited to meta tags, descriptive language, search terms, category and keyword modifiers.
At no time will You upload to the Service any virus, Trojan horse, worm, back door, time bomb, drop-dead device or any other software routines or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person or entity other than an owner or licensee of the program or hardware.
You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of it. You may not attempt to gain unauthorized access to the Service, to accounts other than Your own, or to computer systems or networks connected to the Service, through hacking, use of third party passwords, or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
Owner does not endorse any content submitted to the Service by users of the Service, or any opinion, recommendation, or advice expressed therein, and Owner expressly disclaims any and all liability in connection with such submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and we will remove all content if properly notified that such content infringes on the intellectual property rights of a third party. We reserve the right to remove content on the Service without prior notice.
5. Right to Terminate or Suspend.
Owner, in its sole discretion, reserves the right to terminate or suspend Your access to and/or use of the Service, or any part of it for any reason, including, without limitation, if Owner believes that You have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any such termination or suspension may be effected without prior notice to You and Owner shall not be liable to You or any third-party for any such termination or suspension.
6. Member Account, Password, and Security.
In order to access some features of the Service, You may be required to register for an account. You agree that the information that You provide to us upon registration and at all other times will be current, complete and accurate. You also agree that you will ensure that this information is kept current, accurate and complete at all times. You acknowledge, consent and agree that Owner may access, preserve and disclose your account information and content submitted to the Service if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claim that any content submitted to Owner violates the rights of third parties, (d) respond to your requests for customer service or (e) protect the rights, property or personal safety of Owner, its users and the public.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, You are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security at the following email address: TheMigrantTrail@TheMigrantTrail.com. Owner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Owner or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
7. Authorization for Use of Information.
You hereby authorize Owner to access and use the address book, contact lists or other similar items contained in the devices to which you have downloaded the Software for purposes of your use of the Service.
8. Locations Outside the United States.
Owner makes no representation that the contents of the Service, including any transactions offered, are appropriate or authorized in locations other than the United States of America. Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws. Software from this site is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.
9. Linked Content.
Owner may provide, or third parties may provide, links to other web sites or resources on the Service. Owner has no control over such sites and resources, is not responsible for their availability, and does not endorse and shall not be liable to You or any third party, for any advertising, goods or services, or other materials on or available from such sites or resources. In addition, Owner will not and cannot censor or edit the content of any third-party site. Also, Owner shall not be liable to You or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. By using the Service, you expressly relieve Owner from any and all liability arising from your use of any third-party website.
10. Ownership.
All elements of the Service, including without limitation, the Software, the Site, content, text, graphics, logos, visual interface, images and data compilations, are the sole property of Owner or its licensors, and are protected by United States and international law, including copyright law. The names “The Migrant Trail, “The Undocumented” and The Migrant Trail and Owner logo designs are trademarks of Owner. All other trademarks on the Service are the property of their respective owners. Except for video content and other content for which Owner gives explicit authorization, or as otherwise permitted under law, no material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way. Owner reserves all rights not expressly granted in these Terms of Use.
11. Warranties and Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OWNER, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
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OWNER MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
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| YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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| NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OWNER OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
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YOU UNDERSTAND AND AGREE EXPRESSLY THAT OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CONTENT YOU UPLOAD, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. DMCA Compliance / Copyright Agent.
Owner respects the intellectual property of others, and asks its users to do the same. If You are a copyright owner or an agent thereof, and you believe that any content used on or in connection with the Service infringes Your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Owner’s Copyright Agent the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Owner to locate the material;
- Information reasonably sufficient to permit Owner to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- A statement that You have a good faith belief that the use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Owner’s Copyright Agent for notice of claims of copyright infringement on its Service is [**Marco Williams**], who can be reached as follows: Address: 2 Washington Square Village, #4K New York, New York, 10012, Phone: 212-353-9220; Email: hiptruthwilliams@gmail.com. Please write “Copyright Agent” in the subject matter box when sending an email or other correspondence. The Copyright Agent is to be contacted solely to give notice of copyright infringement or otherwise communicate about copyright protection issues, pursuant to the Copyright Act of the United States.
Without limitation of any of its other rights and remedies under the Terms of Use, the policy of Owner is to terminate access to the Service by repeat infringers of copyright.
13. Force Majeure.
Owner will not be liable to You or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service.
14. Release and Indemnity.
You release Owner and its affiliates from all liability for the use in accordance with the Terms of Use of content You upload to the Service and information related to You. You agree to indemnify and hold harmless Owner, its parent, subsidiary and affiliated companies, its officers, directors, members, employees, agents, licensors, suppliers and any third-party information providers to the Service, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (i) Your use or misuse of the Service, (ii) any violation by You of the Terms of Use, (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that any of Your content caused damage to a third party. Owner reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Owner; you agree to cooperate with Owner’s defense of such claims.
15. Miscellaneous.
The Service is based in and operated from the United States of America. Content and information from You is held and processed in the United States of America. The Terms of Use shall be binding upon and inure to our benefit, and to our successors, and assigns. You may not assign the Terms of Use without our prior written consent; any assignment in violation hereof shall be null ad void ab initio. The Terms of Use contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. The Terms of Use and the relationship between You and Owner shall be governed by the laws of the State of New York and the United States of America without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under the Terms of Use shall operate as a waiver thereof. The invalidity or unenforceability of any of the Terms of Use shall not affect the validity or enforceability of any other of the Terms of Use, all of which shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Site and/or the Service shall be final and binding arbitration, which shall be conducted by the American Arbitration Association. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
The Service is provided by [**Hiptruth Productions, LLC**], located at Address: 2 Washington Square Village, #4K New York, New York, 10012, Phone: 212-353-9220; email: hiptruthwilliams@gmail.com.. AS OF OCTOBER 1, 2013.
