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Last revised on 06.12.09


The terms and conditions set forth below (THE "TERMS") govern your use of this Site on the world wide web (THE "SITE")of Catroo (collectively, "us", "we", or "the Company"). These terms are a legal contract between you (THE "USER") and Catroo and govern your access to, and use of, the Catroo Site and related services. If you do not agree with any of these terms, do not access or otherwise use this Site or any information contained on this Site. Your use of this Site shall constitute your agreement to abide by each of the terms set forth below.

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. Catroo will notify you of such revisions by posting an updated version of these terms on the Site. You are responsible for regularly reviewing these terms. Your continued use of the Site and/or services shall constitute your consent to such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

If you have questions about these TERMS or about your rights and responsibilities as a member, please contact us at support@catroo.com. You should also take the time to review the Company's Privacy Policy that reflects Catroo's current privacy policies.

Eligibility

Membership on the Site is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

Purchases

When you purchase items on this Site (such as land leases, virtual goods, avatar names), with cash or monetary equivalent, your purchases are non-refundable and are made at your own risk. Tirnua is under no obligation to provide any refund (either in cash or in credits) for any item made by a third-party developer that is broken, that later becomes disabled, that is later removed or altered by the developer or by Tirnua, or that was inappropriately submitted. Additionally, if a Submission item is removed from this Site as a result of claimed intellectual property infringement (or Unsuitable for Tirnua content) and/or Tirnua disables your use of such an item as set forth in these Terms, any cash or any credits that you used to purchase such items will not be refunded.

Currency

The Site includes in-world fictional currencies, TAU ("Currencies" or "Game Points") (all of the foregoing are "Currencies"), which may be purchased for real world currency and can then be exchanged on this Site for limited license right(s) to use a feature of our product when, as, and if allowed by Catroo and subject to the terms and conditions of these Terms. Catroo may charge fees for the right to use our Currencies, or may distribute our Currencies without charge, in Catroo's sole discretion.

Regardless of terminology used, Catroo Currencies are not redeemable for any sum of real world money or monetary value from Catroo at any time. You agree that Catroo has the absolute right to manage, regulate, control, modify and/or eliminate such Currencies as it sees fit in its sole discretion, in any general or specific case, and that Catroo will have no liability to you based on its exercise of such rights. You also agree to use Catroo's Currencies for all transactions involving Catroo products or services and related use rights and you agree not to create, employ, or utilize any parallel form of virtual currency in connection with any transaction on this Site. Catroo may allow for free exchange of some, all, or none of its Currencies via third parties, but Catroo does not assume any responsibility associated with your transactions.

Trades

Trades are transactions between users involving any items or TAU that are purposely given to another user (by mutual agreement between the two involved users). Trades involve items owned by each party. Company does not take responsibility for trade between users and will not be a party to or in any way be responsible for monitoring any transaction between users. However, when scams or fraudulent behavior occurs, Company may research and take appropriate action. Users involved with scamming or fraudulent trades may have their accounts suspended temporarily or permanently.

Privacy Policy

Your use of this Site is governed by the Catroo Privacy Policy, which is available Here. We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Third Party Content

Certain information and content may be provided by third party licensors and suppliers to Catroo ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice.

Links to Third Party Sites

This Site may be linked to other world wide web sites that are not Catroo Sites. Tirnua is providing these links to you only as a convenience, and Tirnua is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Submissions

All materials you send to the Company, whether or not at our request, including, but not limited to, e-mail, postings, contest entries, avatars, 3D objects, creative suggestions, ideas, notes, drawings, concepts or other information (collectively, "Submissions"), shall be deemed the property of the Company and you hereby assign all of your rights, title and interest in and to such Submissions to Tirnua, Inc..

Except as expressly set forth below, you agree that Tirnua is free to use a Submission on an unrestricted basis for any purpose and you grant Tirnua a sub-licensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission.

You acknowledge that you are responsible for the text, information, graphics, sounds and other material that you submit, post or otherwise make available on the Site or submit directly to the Company, including without limitation, any "virtual products" or other items that you develop and make available on this Site (i.e. catalog content), and that you, and not Tirnua, bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership.

Posting Etiquette

Tirnua asks that you respect the Tirnua online community as well as other individuals participating within the Tirnua online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using this Site, you agree not to, without limitation:

This list of prohibitions provides examples and is not complete or exclusive. Tirnua reserves the right to (a) terminate your access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions for any action that Tirnua determines is inappropriate or disruptive to this Site or to any other user of this Site with or without cause and with or without notice, for any reason or no reason. When legally required or at Tirnua's discretion, Tirnua will cooperate with law enforcement agencies in any investigation. You hereby acknowledge and agree that in using this Site, you may be exposed to content that may be offensive or objectionable to you. Your access to the Site is undertaken at your own risk and Tirnua is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

These prohibitions do not require Tirnua to monitor, police or remove any Submissions or other information submitted by you or any other user, and Tirnua disclaims any obligation or responsibility to do so.

You understand that your interactions and dealings with other users of this Site are solely between you and such other user. Tirnua is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and Tirnua has no obligation to become involved in any resulting dispute.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate applicable laws and regulations. You agree to indemnify and hold Tirnua and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Tirnua or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Inaccurate Representation of Identity

You may not impersonate another person (including celebrities), indicate that you are a Company employee or a representative of Tirnua, Inc. or attempt to mislead users by indicating that you represent Tirnua, Inc or any of Company's partners or affiliates.

Proprietary Rights

Tirnua is a trademark of Tirnua in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all content, information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Tirnua, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. Making unauthorized copies of any content can lead to the termination of your account and may subject you to further legal action beyond the termination of your membership by Company or other content owners. You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, related companies, employees, officers, directors and agents from any claims made by third parties relating to your use of any content.

Disclaimer of Warranties

Your use of this Site is at your own risk. All products, services and technology and access are provided by Company "As Available" for your use, without warranties of any kind, either express or implied. The Company is not responsible or liable in any manner for any User Content or other Content posted on the Site, whether posted or caused by users of the Site or by Tirnua. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.

Termination

Either you or Company may terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership is your sole right and remedy with respect to any dispute with Company. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Company's enforcement or application of this Agreement; (2) any policy or practice of Company including its Privacy Policy, operation of the Site, or Company's enforcement or application of its policies or Behavior Guidelines; (3) the content available through the Site or any change in content so provided; (4) your ability to access and/or use Services or the Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You understand and agree that the Company can prevent you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.

Cancellation

You can cancel your membership by contacting us at support@catroo.com. Cancellation will take effect within 72 hours of receipt of your request, and Company will send you written confirmation via email. Company reserves the right to collect fees, surcharges or costs incurred before you cancel your membership. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted; no online time or other credits (e.g., Points or any Objects or TAU purchased, won, or earned) will be credited to you, nor can they be converted to cash or other form of reimbursement. You may not allow former users whose memberships have been terminated to use your accounts. All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on ownership, proprietary rights, warranty disclaimers and liability and remedy limitations.

Interruption of Service

Company reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Company will not be liable for any interruption of the Service, delay or failure to perform and that Company is not obligated to refund monies for example, subscription fees or TAU purchases.

Discontinuation of Service

In the event Company permanently discontinues Service or terminates this Agreement other than for a breach of this Agreement by you or other cause, Company may, upon your request, refund your previous thirty days' purchases of TAU. Said refund is limited to purchases made in the thirty days prior to the permanent discontinuation of the Service and only applies to purchases you made directly from Company, not via any third-party, other members or any other source. In no event will refunds be granted for TAU purchases that were not obtained through direct purchase from Company. Refunds must be requested within fifteen days of the discontinuation and will be paid within thirty days of receiving the request. Requests should be made by sending e-mail to support@catroo.com.

Non-Disclosure

You shall keep confidential and not disclose to any third party or use (except as part of using the Site and the Tirnua Environment) any non-public information obtained from Company or as part of your use of the Site (Confidential Information). This restriction will not apply to information that you can document is publicly available, or becomes publicly available, through no act or omission of yours. Due to the unique nature of Confidential Information, you agree there can be no adequate remedy at law for breach of this Section and that such breach would cause irreparable harm to the Company; therefore, the Company shall be entitled to seek immediate injunctive relief, without an obligation to post a bond in addition to whatever remedies it might have at law or under this Agreement. This restriction shall remain in effect even after the termination of your membership until all Confidential Information becomes publicly available.

Law and Legal Notices

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your membership or your use of Site resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Company any data or software or content that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

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