Terms of Use

MINICADE USER AGREEMENT

NOTE: If you are under thirteen (13) years old, please check with your parents before reading any further.

Minicade.com provides the above Services pursuant to the terms, conditions and notices set forth below. Please read them carefully. Minicade.com may modify its features and Services from time to time. By clicking on the "Sign Up" button, you are agreeing to use Minicade.com's services in a manner consistent with the terms and conditions of this Agreement and with all applicable laws and regulations. Minicade.com may modify this Agreement at any time.

NOTE: IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE OR THE SERVICES IT OFFERS.

1. REGISTRATION

In consideration for our Services, you agree to provide Minicade.com with current, complete, and accurate registration information (the "Registration Data") as requested by Minicade.com and to maintain and update this information as required keeping it current, complete and accurate. You will then choose a password and an account name. You agree to notify Minicade.com immediately of any unauthorized use of your account.

All Registration Data is never sold, marketed, traded or exploited to any third-party or within our own company. You acknowledge and understand that Minicade.com is advertising supported and, therefore, information in the aggregate about the number of visits by you and other users to different pages and features on our site will be provided to our advertising and sponsor partners. Again, no personally identifiable information is ever distributed with this or any information. Information provided by and collected from you and other users will only be used to improve the Web site and the content that you and other users experience through targeted advertisements and other Services.

Minicade is committed to closely following all current child protection laws, as defined by COPPA. As a result, all accounts belonging to a minor under 13 years of age requires authorized parental consent. By law, a child's account will be made inactive until Minicade receives a parental consent form via fax, mail, or our online parental consent form.

Children are never intentionally asked for identifiable information and no such information will be accepted or collected, except for what is known as non-personally identifiable information, such as screen name or "Nickname", age, and zip code. If we become aware that a child repeatedly attempts to transfer personal contact information through any feature of Minicade.com, he or she will be removed as a member.

Minicade.com reserves the following rights:

To release current or past Registration Data in the event Minicade.com: 1) believes that accounts are in violation of the terms of use or content guidelines set forth below; 2) believes that accounts have been or are being used to commit unlawful acts; 3) is informed that the information has been subpoenaed and/or Minicade.com deems it necessary and/or appropriate; and 4) must deny membership to offenders of these guidelines or terms of use.

Minicade.com does not discriminate based on sex, age, gender, sexual orientation, gender orientation, ethnicity, culture, religion or socio-economic status.

2. PRIVACY

We feel strongly that in respecting and protecting the privacy of our users, the positive use of the Internet will be promoted and expanded. To that end, and except as provided in Section 1 above, Minicade.com will not intentionally monitor or disclose any private e-mail message or address information unless required by law, regulation or court order. You, in turn, agree to respect the privacy and confidentiality of others. See Minicade.com's online privacy policy.

3. CONTENT

Minicade.com has carefully developed the following content guidelines to promote the free flowing exchange of ideas and information between you and other users of Minicade.com, and at the same time maintain standards consistent with the Internet community and the societies of the world at large.

You represent and warrant the content you provide to Minicade.com: (a) does not infringe on any third party's intellectual property or proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, pornographic or obscene; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you will be penalized up to and including loss of your Minicade.com account and any other remedies available to Minicade.com at law or equity.

4. MEMBER CONDUCT

The Services provided by Minicade.com are for personal use by individuals only. We ask that you please do not abuse your opportunity to utilize Minicade.com's unique Services.

Please refrain from using your Minicade.com account for the following activities:

¨ Displaying material containing nudity or pornographic material of any kind; ¨ Providing material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity; ¨ Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals; ¨ Defaming any person or group or abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others; ¨ Using Minicade.com for commercial purposes, including but not limited to the following: · Offering for sale any products or services; · Soliciting for advertisers or sponsors; · Displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; · Displaying banners for services that provide cash or cash- equivalent prizes to users in exchange for hyperlinks to their web site; · Promoting or soliciting for participation in multi-level marketing or pyramid schemes, surveys, chain letters · Conducting raffles or contests that require any type of entry fee; (Please visit the FTC web page for more information regarding money making schemes: http://www.ftc.gov); · Distributing junk e-mail, spamming or sending any duplicative or unsolicited messages (commercial or otherwise); and : Displaying material that exploits children under 18 years of age; : Using your account for acts of copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation); : Uploading files that contain viruses, corrupted files, or any other harmful or deleterious software or programs that may damage the operation of another's computer; : Adding hyperlinks to content not allowed on Minicade.com; : Using Minicade.com for the purpose of gathering personally identifiable information for commercial or unlawful purposes; : Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; : Creating a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; : Restricting or inhibiting any other user from using and enjoying the Services of Minicade.com. Minicade.com reserves the right to remove any content from the system which is brought to our attention and which we find, in our sole discretion, violates these content guidelines, or otherwise is in violation of any law.

5. NOTIFICATION OF CONTENT VIOLATIONS

Minicade.com does not actively monitor the content of Minicade.com Arcade Tools, however, it is the policy of Minicade.com to respect all intellectual property rights owned by third parties and to respond appropriately when Minicade.com becomes aware that materials that violate another's copyright or intellectual property rights may be present on Minicade.com's access and/or hosting servers (the "Minicade.com Servers").

Any person (a "Complaining Party") with a good faith belief that use of certain materials (individually or collectively the "Identified Materials") on the Minicade.com Servers is not authorized by the copyright owner, its agent, or the law may request removal of, or limitation of access to, the Identified Materials from the Minicade.com Servers by sending to Minicade.com's Designated Agent, as set forth below, a written notice containing information reasonably sufficient to permit Minicade.com to contact the Complaining Party and signed by a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice must comply with all of the notice requirements of the Digital Millenium Copyright Act, 17 U.S.C. § 101, et seq. ("DCMA"). For purposes of this paragraph, Minicade.com's Designated Agent is:

Heynetwork.com, Inc.
1 Atlantic St., 4th Fl.
Stamford, CT 06901

In the event that Minicade.com receives notification as identified above, or that any content infringes on intellectual property rights or as described above under the Content Section otherwise is unlawful, Minicade.com will respond expeditiously to remove, or disable access to the Identified Materials, and further, will take reasonable steps promptly to notify the user that it has removed or disabled access to the Identified Materials. Minicade.com will further comply with the provisions of the DCMA and take such steps that it believes to be appropriate under the circumstances, including, for example:

Provide the user with contact information for the Complaining Party; Instruct the user to contact the Complaining Party to resolve the dispute; Inform the Complaining Party of our actions and ask that party to work directly with the user. Note: All correspondence between the parties must also be sent to Minicade.com (info@Minicade.com).

Minicade.com will take the following action based on the progress of the dispute:

If the user has not pursued resolution within 14 days of notification, the account will be deleted; If Complaining Party has not pursued resolution within 14 days of user's response, the account will be re-activated; If legal action is pending or the dispute is not settled, the account may remain suspended until resolution is reached and Minicade.com is notified by both parties as to the outcome; If a resolution is reached between the parties, the account will be reactivated with any mutually agreed upon modifications.

NOTE: Minicade.com is not responsible for any loss of data resulting from our deletion of an account, network or system outages, file corruption for these or any other reasons.

6. ADVERTISING

It is the support of our partners that makes it possible for us to offer Minicade.com services for free.

Please help Minicade.com in supporting the partners who make all of this possible.

NOTE: Minicade.com is not responsible for the delivery of any goods or services sold or advertised through its partners or Commercial Home Pages. Minicade.com is not endorsed by any holders of the trademarks listed above.

7. LINKS TO THIRD PARTY SITES

This Web site may contain links to Web sites operated by parties other than Minicade.com. Such links are provided for your convenience only. Minicade.com does not control such Web sites, and is not responsible for their contents. Minicade.com's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

8. OWNERSHIP

Minicade.com is a trademark of Heynetwork.com, Inc.

This site is for your personal and/or commercial use. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by Minicade.com and Minicade.com's advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may NOT make a copy of this content for your personal, non-commercial, or commercial use. You may not modify, copy, reproduce, distribute, publish, license, create derivative works from, upload, post, transmit, display, perform, transfer or sell any content available through Minicade.com and its partners' Web sites, including any information, software, code, products or services.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Minicade.com, its parents, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

10. TERM

This Agreement shall continue in full force and effect for so long as you are using the Services. Either you or Minicade.com may terminate the service at any time, with or without cause.

11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THE USE OF THE SERVICES OF Minicade.com IS AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Minicade.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Minicade.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR INFORMATION STORED WILL BE RETAINED; NOR DOES Minicade.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE WEB SITE OR SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM Minicade.com OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Certain links on this Site lead to Web sites maintained by individuals or organizations over whom Minicade.com has no control. Minicade.com makes no representations or warranties regarding the accuracy or any other aspect of the information located on such Web sites.

12. LIMITATION OF LIABILITY

The information, software, products and Services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Minicade.com and/or its partners may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Minicade.com SHALL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTED COMMUNICATIONS OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES PROVIDED BY Minicade.com PURSUANT TO THIS AGREEMENT, EVEN IF Minicade.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the foregoing limitation may not apply to you.

13. ENTIRE AGREEMENT

This Agreement constitutes the full and complete understanding between you and Minicade.com with respect to this Agreement, and the provisions hereof replace and supersede any and every other agreement or contemporaneous communication or proposal, whether electronic, oral or written, between us regarding this Web site and/or the Services provided hereunder.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

14. MISCELLANEOUS

This agreement will be governed by and construed in accordance with the laws of the State of Connecticut without giving effect to principles of conflict of laws. Use of this Web site and the services of Minicade.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Minicade.com as a result of this Agreement or use of this Web site or Minicade.com's Services. Minicade.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Minicade.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web site and these Services or information provided to or gathered by Minicade.com with respect to such use.

Should you have any questions or any problems with this Web site, please contact info@Minicade.com for more information.

Of course, you can always reach us by letter ("snail mail") at HEYnetwork.com, Inc., 1 Atlantic St, Stamford, CT 06901. We appreciate your interest and support of Minicade.com. We hope you will tell your friends about us and continue to let us know how we can serve you better.

For a complete Privacy Policy click here.

Thank you for using Minicade.com.

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