7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7.3 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation.
8. Limitation on Liability
8.1 IN NO EVENT SHALL CG (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR CG'S PRIVACY PRACTICES, ANY GAME, EVEN IF CG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CG'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR CG'S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU'VE PAID CG IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL CG'S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify and hold harmless CG (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties resulting from or relating to: (i) Your use of any Game, (ii) Your User Content, or (iii) Your violation of this Agreement.
CG reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify CG and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CG. CG will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
10. User Content
10.1 "User Content" of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for Your User Content. You assume all risks associated with the use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that Your User Content does not violate the User Conduct provisions under section 10 hereof. You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by CG. CG is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your User Content if You desire.
10.2 We reserve the right (but have no obligation) to review any User Content in our sole discretion. At any time for any reason in our sole discretion with or without notice to You we may edit, refuse to post, or remove any User Content posted in the Games or in any Games-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If You encounter something You find objectionable and in violation of these Terms, You can bring it to our attention by contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Games. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the User Content they upload, communicate, transmit, and/or otherwise make available via our Games and Service.
10.3 By uploading, distributing, or otherwise using Your User Content with any Game, You automatically grant, and You represent and warrant that You have the right to grant to CG an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, solely to display Your User Content in any Game and Service.
10.4 If You provide CG any feedback or suggestions ("Feedback"), You hereby assign to CG all rights in the Feedback and agree that CG shall have the right to use such Feedback and related information in any manner it deems appropriate. CG will treat any Feedback You provide to CG as non-confidential and non-proprietary. You agree that You will not submit to CG any information or ideas that You consider to be confidential or proprietary.
11. User Conduct
You shall accept and abide by the following:
You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, post and/or make available to the public any other user's personal information in the Games and/or any game-related services without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user's use and enjoyment of any Game.
You acknowledge and agree that CarrabanaGames may use built-in tracking features to obtain information regarding Your use of the Games in order to improve the services we provide, and agree that such information is deemed to be User Content for all intents and purposes under these Terms.
You shall not (a) improperly use CarrabanaGames's support services, including without limitation submission of false reports of abuse or misconduct by any party; (b) disable, interfere with, or circumvent any security feature of the Games or any feature that restricts or enforces limitations on the use of or access to the Games or User Content; (c) participate in any activities and/or perform any actions that, in CarrabanaGames's sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games; (d) sell CarrabanaGames's Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value; (e) engage in cheating or any other fraudulent activity deemed by CarrabanaGames to be in conflict with the spirit of the Games; (f) use or take part in the use of any unauthorized third-party software designed to modify or interfere with Service and/or any CarrabanaGames's Games; (g) share Your password or any credentials You may use to access Your account with anyone; (h) purchase, sell, rent, or give away Your account, or otherwise make available Your account to any third party; (i) create an Account using a false identity or information, or on behalf of someone other than Yourself.
12. Modifications of this Agreement
) and may also use other means of notification (e.g. in-game, newsletter, pop-up). The date on which the latest update was made is indicated at the top of this document. We recommend that You print a copy of this Agreement for Your reference and revisit this web-page from time to time to ensure You are aware of any changes.
The user is entitled to object to any amendment within four weeks. The terms and conditions are deemed to have been accepted if the user remains silent for the four-week period or if the user opens the game again after receiving notification of the amended terms and conditions.
If it so wishes, the user may otherwise terminate the Agreement.