Terms of Use

FEGN.com and its affiliated online interactive sites and services, including games accessible through these sites (collectively, the "Sites") are operated on behalf of The Flash Games Entertainment Network. ("FEGN" or "We") by its employees and/or authorized agents. By using the Sites, you signify your agreement with the following terms and conditions of use (the "Terms of Use"). Please read these Terms of Use carefully before using the Sites. If you do not agree with all of the Terms of Use, do not use the Sites which are designed solely for entertainment purposes. If you are a minor, be sure to get your parent or legal guardian to review and discuss these Terms of Use with you. Think of these Terms of Use as a rulebook for your behavior while using the Sites. IF YOU VIOLATE THESE TERMS OF USE, FEGN RESERVES THE RIGHT TO BLOCK YOUR FUTURE ACCESS TO THE SITES OR TAKE OTHER APPROPRIATE ACTION. IN THE EVENT WE BLOCK YOUR ACCESS TO THE SITES, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED ON THE SITES, WHICH, IN ANY EVENT ARE FEGN 'S PROPERTY. FEGN has final say over what constitutes a violation of these rules.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms of Use when We deem appropriate and in the best interest of the smooth operation and enjoyment of the Sites. Changes and/or modifications shall become effective ten (10) days after posting on the Sites ("Effective Change Date"). These Terms of Use cannot be changed orally. Please review these Terms of Use periodically. Your continued use of the Sites following the Effective Change Date will constitute your acceptance of those Terms of Use. We also reserve the right to suspend or end operations or access to any of the Sites, or portions of Sites, when we deem it necessary. IN THE EVENT SUCH OPERATIONS ARE SUSPENDED OR ENDED, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED ON THE SITES, WHICH, IN ANY EVENT ARE FEGN'S PROPERTY.

The Terms of Use will remain in full force and effect as long as you use, access, interact with, view, transmit, receive or communicate with the Sites or in any way utilize the services or features of the Sites. In the event of termination of use, membership, service or feature, the Terms of Use as modified will remain in effect.  
1.Personal, Non-Commercial Use by users. . The Sites are for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Sites for any purpose. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your enjoyment and use of the Sites and all features and activities available on the Sites, your receipt of data, materials and information available at or through the Sites, and the possibility of our review, use or display of Content (as defined below in section 3).  
2. Proprietary Rights in Content on the Sites. . FEGN owns and retains all proprietary rights in the Sites. The Sites contain material that is derived in whole or in part from material supplied by FEGN, its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software (individually and collectively the "Materials"), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained written permission and maintain all legal notices intact or as provided by FEGN. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of FEGN's or such other sources' copyright, trademark and other proprietary rights. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Sites (including, without limitation, data packets transmitted to and from the Sites over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the Sites, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.  
3. Content Posted on the Sites. You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of FEGN throughout the universe. FEGN shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by FEGN, consistent with our Privacy Policy, and you are not entitled to any payment or other compensation for such use.  
4. Rules of Conduct on the Sites.  
a. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  
b. FEGN may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of FEGN violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.  
c. You may not post or transmit Content (even if made in a joking, sarcastic or unintended manner) that:

FEGN reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Sites, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Sites. FEGN DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL AND CONTENT ON THE SITES WILL NOT OFFEND YOU..  
d. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.  
e. You may not include in your member profile your last name, social security numbers, telephone numbers or street addresses. You (or your parent/legal guardian if you are a minor) must be the email account holder for any email addresses that you list in your account information or subsequently provide in connection with the Sites.  
f. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, FEGN reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which FEGN deems appropriate in its sole discretion.  
g. You understand that FEGN has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.  
h. FEGN reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. FEGN shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of FEGN, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of FEGN. In no event shall FEGN assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.  
i. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. FEGN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.  
j. It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. FEGN does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that FEGN is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.  
5. Unsolicited Creative Submissions/ Communications FEGN does not accept or consider creative ideas, suggestions or materials other than those FEGN has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by FEGN or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed "Content", will be subject to Paragraph 3 above, and shall remain the property of FEGN. None of the Information shall be subject to any obligation of confidence on the part of FEGN and FEGN shall not be liable for any use or disclosure of any Information. FEGN shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.  
6. Copyrights and Copyright Agent. FEGN respects the rights of all copyright holders and in this regard, FEGN has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions ("repeat offenders"). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FEGN's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:

For copyright inquiries under the DMCA please contact:  
Flash Games Entertainment Network. 
Attn: Legal Dept.  
211 S Hamilton Dr,  
Beverly Hills, CA 90211 
Email: legal@fegn.com

Upon proper receipt of this information from you ("notice") that substantially complies with all of the requirements above, We will investigate your claim and respond expeditiously. If We determine that the Material cited by you constitutes a copyright infringement, We will remove, or "take down" the infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA.

Do not contact DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. For general inquiries about FEGN or the Sites, go to FEGN's online feedback section at http://www.fegn.com.


7. User Disputes. You are solely responsible for your interactions with other users. FEGN reserves the right, but has no obligation to monitor communications and any disputes between you and other users.  
8. Privacy. Use of the Sites is governed by our Privacy Policy which can be located at the home page of www.fegn.com.  
9. Contests and Sweepstakes, and Other Activities. FEGN may provide rules for certain promotional activities on the Sites including, without limitation, contests and sweepstakes by FEGN and in conjunction with third parties. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Sites about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.  
10. Hyperlinks. The appearance of Web sites or external hyperlinks on the Sites does not constitute endorsement by FEGN, its subsidiaries and affiliates of the opinions or views expressed by these linked Web sites and FEGN does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in the linked Web sites. Furthermore, FEGN is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such Web sites. As such, neither FEGN nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from use of such information contained in these Web sites. To the extent that these Web sites collect personal information or postings from the end user, be advised that in no event shall FEGN assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these Web sites. Finally, FEGN will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Web sites.  
FEGN welcomes links to the Sites. You may establish a link to the Sites, provided that the link does not state or imply any sponsorship or endorsement of your Web site by FEGN, its affiliates, or any group or individual affiliated with FEGN. You may not use on your Web site any logos, trademarks, service marks, or other copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site, or otherwise create a dynamic HTML page using, any of the content or other materials on the Sites without FEGN's prior written consent.  
11. Limitation on Liability. The Sites have been created for entertainment purposes only. YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK. If you are dissatisfied with any of the Materials or Content contained in the Sites, or with and of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Sites.  
FEGN is not responsible for any incorrect or inaccurate Materials or Content posted on the Sites, whether caused by users of the Sites or by any of the equipment or programming associated with or utilized in the Sites. FEGN is not responsible for the conduct, whether online or offline, of any users of the Sites. FEGN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. FEGN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Sites. Under no circumstances will FEGN be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Sites, any Materials or Content posted on the Sites or transmitted to members, or any interactions between users of the Sites, whether online or offline. FEGN cannot guarantee and does not promise any specific results from use of the Sites.  
12. U.S. Export Controls. Software from the Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  
13. Applicable Law; Disputes. THESE TERMS OF USE AND YOUR RELATIONSHIP TO THE SITES IS SUBJECT TO CALIFORNIA LAW. Unless otherwise specified, the materials in the Sites are presented solely for the purpose of entertainment and promoting programs, events, products, and services available in the United States. The Sites are controlled and operated by FEGN from its offices within the State of California. The Sites are intended for residents of the United States unless otherwise noted. Residents outside of the United States understand and consent that the data submitted on the Sites will be transmitted to and processed within the United States. FEGN makes no representation that Materials and Content on the Sites are appropriate or available for use in any particular location. Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  
These Terms of Use, and any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California, without giving effect to its choice of law or conflict of law provisions. You agree that the state and federal courts sitting in Los Angeles, California shall be the exclusive forum for the resolution of any and all disputes, issues, controversies or matters arising herefrom or related hereto or otherwise arising from or related to the Sites, Materials or Content, and that any such disputes, issues, controversies or matters shall be resolved individually, without resort to any form of class action. You hereby consent to personal jurisdiction and venue in Los Angeles, California and service of process by certified mail. If any part of this Section 13 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 Terms of Use, and the remaining portions shall remain in full force and effect.  
14. Indemnification. You agree to indemnify, defend and hold harmless, FEGN, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. FEGN reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with FEGN in asserting any available defenses.  
15. Other. These Terms of Use, accepted upon use of the Sites and further affirmed by becoming a registered member or submitting Content to the Sites, contain the entire agreement between you and FEGN regarding the use of the Sites and supersede all prior understandings related to the Sites. If any part of these Terms of Use 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 these Terms of Use, and the remaining portions shall remain in full force and effect. 
These Terms of Use were last updated and posted on this Site on July 1st, 2009.