By using the Site, you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement you may not use the Site and you may not access the Site.
This Agreement and the rules that you must follow on the Site may change from time to time. Any changes will be posted on the Site with a new "last updated" date indicating that changes have been made. If you continue to use the Site after changes to this Agreement have been posted on the Site, you are agreeing to those changes.
The activities, games and other items available on the Site are for you to use and play with while you are on the Site. They are not for you to copy, download, sell, give to anyone, or to say that you made them.
We may change, modify, suspend, or discontinue any aspect or portion of the Site at any time, including, without limitation, access policies, the availability of any Site feature, hours of availability, content, games, online activities, data, or software or equipment needed to access the Site. We may also impose limits on certain features of the Site, or restrict your access to parts or all of the Site without notice or liability.
We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any provisions of this Agreement at any time. We will post notification of any such changes on the Site. The change will be effective on the date changes are posted on the Site. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Site. Your continued use of the Site following posting or receipt of other notice of changes to this Agreement will mean that you accept any and all such changes.
All materials and content contained on the Site are the property and/or the copyrighted property of the owner of the domain name "ALFY.com", its affiliates and/or third-party licensors. No material from the Site may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way.
We make no representation, warranty or endorsement as to the accuracy or reliability of any content, materials or information contained in, and/or displayed, uploaded, or distributed by or through the Site. You acknowledge that any reliance upon any such statement, advice, opinion or other information will be at your sole risk. We will have the right, in our sole discretion, to correct any errors or omissions in any portion of the Site, but we have no obligation or duty whatsoever to monitor for, verify or correct any errors or omissions in any portion of the Site.
We are pleased to hear from our users and welcome your comments, suggestions or other ideas regarding the Site (“User Suggestions”). However, the User Suggestions shall be deemed, and shall remain, property of the owner of the domain name "ALFY.com". None of the User Suggestions shall be subject to any obligation of confidence on our part; and we shall not be liable for any use or disclosure of any User Suggestions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights (including, without limitation, any intellectual property rights) to the User Suggestions of every kind and nature worldwide, and we shall be entitled to unrestricted use of (without any obligations to use) any of the User Suggestions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Suggestions.
The Site may include links to third party web-sites. We do not have any control over such third party web-sites; we do not endorse such third party web-sites; and we do not verify or take any responsibility for the accuracy, content or quality of such third party web-sites, nor for the products or services which may be available through such sites. Further, we do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give in connection with any such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before visiting any third party sites linked to from the Site, and before proceeding with any transactions on such sites. Some sites employ automated search results or otherwise link to sites containing information that may be deemed inappropriate or offensive. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in other sites that may be linked to the Site.
ALFY.com and/or its owner will under no circumstances be liable for any damages or liability whatsoever, caused by your use or access of any third party site linked to from the Site; and you hereby irrevocably waive any claim against us with respect to such sites.
We hereby disclose to you that ALFY.com may receive compensation and/or consideration, monetary or other, directly or indirectly, from advertising companies that place advertisements and/or banners on the Site; from online vendors that the Site may link to; from search engines or other websites that we may conduct business with; and/or from other third parties. Furthermore, ALFY.com may receive, directly or indirectly, a monetary commission for some purchase transactions which may be performed by a user of the Site who followed a link or an advertisement displayed on ALFY.com.
If you believe that content you own has been used on the Site in a way that violates your copyright or other intellectual property rights, please provide our Copyright Agent with a written notice that includes the following: (a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Precise identification of the copyrighted work claimed to have been infringed; (c) 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 the Site provider to locate the material; (d) full contact details of the complaining party, including mailing address, telephone number, fax number, and email address; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All notices and information should be sent by email to
You agree to indemnify, defend, and hold ALFY.com, its owner(s), affiliates, and their respective officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties resulting from your violation of any term or condition of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter that may be subject to indemnification by you, in which case you will fully cooperate with us in the defense of any claim.
DISCLAIMER AND LIMITATION OF LIABILITY:
You understand and agree that any Site Content accessed, downloaded or otherwise obtained through the Site is at your own risk and that you will be solely responsible for any damage to computer systems, loss of data or any other loss or damage that results from such activities.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALFY.COM, ITS OWNERS AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, LICENSEES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ITS CONTENT. THIS LIMITATION WILL APPLY EVEN IF ALFY.COM OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT WILL ALFY.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO ALFY.COM FOR ACCESSING THE SITE.
WE MAKE NO GUARANTEES, WARRANTIES OR REPRESENTATIONS THAT ANY OF OUR USERS WILL BE ABSOLUTELY SAFE OR INSULATED FROM INAPPROPRIATE CONTENT OR BEHAVIOR; AND WE DO NOT GUARANTEE, WARRANT OR REPRESENT THAT A USER WILL NOT TRY TO CIRCUMVENT, OR BE SUCCESSFUL IN CIRCUMVENTING, THE FEATURES ON THE SITE. FURTHERMORE, WE DO NOT ASSUME ANY OBLIGATIONS, LIABILITY, OR RESPONSIBILITIES ASSOCIATED WITH SUCH BEHAVIOR.
We may deny any person or any user access to all or any part of the Site, for any reason, in our sole discretion, and with or without notice.
We make no representation that the Site or any Site Content is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any software component from the Site is further subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported (a) 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 (b) 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 any Software component of the Site, 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.
This Agreement is effective until terminated by either you or by us. You may terminate this Agreement at any time by notifying us of your desire to cancel and discontinuing use of the Site and destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
This Agreement applies to all users of the Site, wherever they are located, worldwide.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the County and State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Last updated on July 20, 2012