Terms of Use

Last updated: August 15, 2017

These terms and conditions of use describe your rights and responsibilities with regards to use of the ORNITHOPTER GAMES websites and mobile-based applications as described in more detail below; please read them carefully before you start using any of the foregoing.

Contents

1. Acceptance of Terms of Use; Reliance on Information Posted
2. Notices; Modification and Termination of Services; Amendment of the Terms
3. Accessing the Website and App; Registration Data
4. Geographic Restrictions
5. Prohibited Activities
6. Security Measures
7. Disclaimer of Warranties
8. Limitation of Liability
9. Intellectual Property Rights and Use of the Content
10. Identification of Agent for Receipt of Copyright Infringement Notices
11. Monitoring and Enforcement; Termination
12. Confidentiality of ORNITHOPTER GAMES Information
13. User Contributions
14. Content Standards
15. Indemnity
16. Advertisements and Promotions
17. Links and Third Party Services
18. Information about You and Your Visits to the Website and Apps; ORNITHOPTER GAMES's Privacy Policies
19. Parental Notice
20. General Terms
21. Arbitration; Class Action Waiver
22. Additional Terms Applicable to Specific Services Provided Through the Website and Apps
23. ORNITHOPTER GAMES Social Media Channels and Linking
24. Glossary

1. Acceptance of Terms of Use; Reliance on Information Posted

These terms and conditions of use are entered into by and between You and American Ornithopter Games, LLC ("ORNITHOPTER GAMES," "we," "us" and "our"). The following terms and conditions of use, together with any documents expressly incorporated by reference (collectively, these "Terms of Use") govern your access to and use of the Website, its Content, and our Apps. By using, accessing, or registering with the Website OR any APP, you agree to be bound and abide by these Terms of Use.

The Website, Apps, and the Content are made available solely for your personal use and for general informational purposes. You agree to comply with all applicable laws while using the Website and Apps.

You may only access the Website and Apps using authorized means. It is your responsibility to check to ensure you download the correct software for your device. ORNITHOPTER GAMES is not liable if you do not have a compatible device or if you have downloaded the wrong version of software or of any App for your device.

2. Notices; Modification and Termination of Services; Amendment of the Terms

ORNITHOPTER GAMES reserves the right to make changes to the Terms of Use at any time by posting revised terms directly to this page. Amendments to the Terms of Use are effective when posted and the date on which the Terms of Use was last revised is identified at the top of this page. It is each user's responsibility to monitor and review updates to the Terms of Use. Your continued use of the Website or any App after the posting of amendments will be deemed acceptance of the changes to the Terms of Use.

ORNITHOPTER GAMES reserves the right at any time in its sole discretion to modify, suspend, withdraw or terminate the Website, the Content, any App or any services provided through the Website or Apps (or any part thereof), and/or your use of or access to them, with or without notice. ORNITHOPTER GAMES may also delete, restrict or bar access to or use of some parts of the Website or Apps, or the entire Website or Apps and any related Content and files by users, including registered users.

ORNITHOPTER GAMES will not be liable to you or any third party if for any reason all or any part of the Website or any App is unavailable at any time or for any period. We will not be liable for any modification, suspension, withdrawal or termination of the services or Content provided through the Website or any App, or loss of related information.

If you are dissatisfied with the services provided through the Website and/or Apps, your sole and exclusive remedy is to discontinue your use of the Website and/or Apps.

3. Accessing the Website and App; Registration Data

Some features on the Website or App may require you to register as a user and to receive our authorization before you can use those particular features, including forums, mailing lists, meeting registrations, and other services. While you may use some of the functionality of the Website and Apps without registration, specific tools and services on the Website and Apps require registration and your submission of PII (Information that identifies or is uniquely associated with an individual, such as a name, tax payer identification number, home address, telephone number, email address, Social Security number, or credit card number). Your submission and our collection and use of PII through the Website is governed by ORNITHOPTER GAMES's Privacy Policy. Your submission and our collection and use of PII through the Apps is governed by ORNITHOPTER GAMES's Mobile App Privacy Policy.

You are the sole authorized user of any account you create on the Website or App. If you choose or are provided with a Username, Password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person. You are solely and fully responsible for all activities that occur under your Username or Password. You agree that you shall monitor your account for use by minors and you will accept full responsibility for any unauthorized use of your Username or Password by minors. You agree to notify us immediately of any unauthorized access to or use of your Username or Password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access your account or view or record your Password or other personal information. ORNITHOPTER GAMES has no control over the unauthorized use of any Username or Password and expressly disclaims any liability derived from such use.

By using the Website or Apps as a registered user you agree to maintain and promptly update the information you provide to ORNITHOPTER GAMES, and keep all such information accurate, current, and complete. By using the Website or Apps, you accept all risks of unauthorized access to all information you provide to us. You have sole responsibility for making all arrangements necessary for you to have access to the Website and Apps, and ensuring that all persons who access the Website and Apps through your internet connection or device are aware of these Terms of Use and comply with them. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website and Apps.

We have the right to disable any Username, Password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. If you have access to the Website or Apps as a designated representative of a business, ORNITHOPTER GAMES may terminate your right to use the Website or Apps upon notification that you are no longer a designated representative for that business.

4. Geographic Restrictions

ORNITHOPTER GAMES is a New York not-for-profit corporation based in the state of Virginia in the United States. ORNITHOPTER GAMES makes no representation that the Website, Apps, or the Content or services available through the Website or Apps are appropriate or accessible outside of the United States or in all locations. Access to the Website or Apps may not be legal by certain persons or in certain countries. If you access the Website or Apps from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws from your home nation, and the country, state and city in which you are present while using the Website or Apps.

ORNITHOPTER GAMES, our Website, and our Apps are based in the United States and, regardless of where you access our Website or Apps, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Website or any App, you consent to this collection, transfer, storage, and processing of information to and in the United States.

5. Prohibited Activities

Prohibited Uses

You agree that you will not use the Website, Apps, or Content:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. and other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm other individuals, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," bulk mail, or similar solicitations.
• To impersonate or attempt to impersonate ORNITHOPTER GAMES, any ORNITHOPTER GAMES employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing or by spoofing ORNITHOPTER GAMES's or someone else's identity).
• To forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content or User Contributions transmitted through the Website or Apps.
• To misrepresent your affiliation with a person or entity.
• To disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website or Apps.
• To engage in activities that would violate any fiduciary or contractual relationship.
• To collect or store personal data about other users of the Website or Apps unless specifically authorized by such users.
• In any other manner that violates these Terms of Use.

Prohibited Forms of Access and Interference

You agree that you will not:

• Use the Website or Apps to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website or Apps, or which, as determined by us, may harm ORNITHOPTER GAMES or users of the Website or Apps or expose them or us to liability.
• Use the Website or Apps in any manner that could disable, overburden, damage, or impair the Website or Apps or interfere with any other party's use of the Website or Apps, including their ability to engage in real time activities through the Website or Apps.
• Access the Website or Apps using any robot, spider, or other automatic device, process, or means for any purpose, including monitoring or copying any of the Content, without the prior consent of an authorized ORNITHOPTER GAMES representative.
• Use any manual process to monitor or copy any of the Content or for any other unauthorized purpose without the prior consent of an authorized ORNITHOPTER GAMES representative.

In using the Website and Apps, including the interactive features of the Website and Apps, you agree not to post any User Contribution or material that does not comply with the Content Standards set forth in Section 14.

6. Security Measures

You are prohibited from violating or attempting to circumvent the security of the Website and Apps. You agree not to:

• Access data not intended for users or log into a server or account which you are not authorized to access.
• Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Apps, the server on which the Website or Apps are stored, or any server, computer, or database connected to the Website or Apps.
• Use any device, software or routine that interferes with the proper working of the Website or Apps or with service to any user, host or network.
• Introduce any viruses, Trojan horses, worms, software, logic bombs or other material which is malicious or technologically harmful.
• Attack the Website or Apps via a denial-of-service attack or a distributed denial-of-service attack.
• Forge any TCP/IP packet header or any part of the header information in any email or posting.
• Use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl," or "spider" any Content contained on the Website or Apps.
• Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Website or Apps.
• Otherwise attempt to interfere with the proper working of the Website or Apps.

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation.

Violations of system or network security may result in civil or criminal liability. ORNITHOPTER GAMES will investigate occurrences which may involve violations of system or network security and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in these violations.

7. Disclaimer of Warranties

You expressly agree that ORNITHOPTER GAMES has no responsibility for or control over the User Content, materials, or information that you or other Website or App users post on the Website or Apps. ORNITHOPTER GAMES makes no representation that your use of the Website or Apps will comply with applicable laws. Additionally, we do not represent, warrant or guarantee the completeness, truthfulness, accuracy, quality, usefulness or reliability of the Website, Apps, or the Content. Any of the Content may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on the Content is at your own risk, and we disclaim all liability and responsibility arising from such reliance by you or by anyone who may be informed of the Content.

The Website and Apps may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by ORNITHOPTER GAMES, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily express the opinion of ORNITHOPTER GAMES. We also do not endorse any opinions expressed in or through any Content available on the Website or Apps.

YOUR USE OF THE WEBSITE, APPS, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPS IS AT YOUR SOLE RISK. THE WEBSITE, APPS, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. ORNITHOPTER GAMES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND (2) ANY WARRANTY REGARDING THE USEFULNESS, SECURITY, RELIABILITY, AVAILABILITY, ACCESSIBILITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE, APPS, AND THE CONTENT.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING THE WEBSITE OR APPS OR OBTAINING ANY CONTENT FROM THE WEBSITE OR APPS, INCLUDING ANY DAMAGES (AS DEFINED IN SECTION 8 BELOW) RESULTING FROM COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, APPS, OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT, DEVICES, OR DATA, ORNITHOPTER GAMES SHALL NOT BE RESPONSIBLE FOR ANY RESULTING DAMAGES (AS DEFINED IN SECTION 8 BELOW). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND APPS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Limitation of Liability

The Content does not constitute legal advice, and is not intended for use in the diagnosis or treatment of individual conditions. The mention of any product, service, organization, activity or therapy on the Website or Apps should not be construed as an ORNITHOPTER GAMES endorsement. ORNITHOPTER GAMES assumes no responsibility for any injury or damage to persons or property arising out of or related to the Content, the Website, or the Apps.

TO THE FULLEST EXTENT PERMITTED BY LAW, ORNITHOPTER GAMES AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS AND OTHER REPRESENTATIVES (COLLECTIVELY, "ORNITHOPTER GAMES PARTIES") DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) ("DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APPS, OR THE CONTENT, EVEN IF ORNITHOPTER GAMES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE, APPS, ANY WEBSITE LINKED TO THE WEBSITE OR APPS, ANY CONTENT ON THE WEBSITE OR APPS, OR SUCH OTHER WEBSITES LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, APPS, OR SUCH OTHER WEBSITES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE OR APPS; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR APPS, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

In the event you have any dispute with one or more third party as a result of your use of the Website OR APPS, or are in any way damaged as a result of any third party in connection therewith, you hereby release ORNITHOPTER GAMES Parties from and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against the ORNITHOPTER GAMES Parties for any Damages of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.

9. Intellectual Property Rights and Use of the Content

The Website and Apps and all of their respective features and functionalities (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) and all of the Content are owned by ORNITHOPTER GAMES, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights relating to the same are reserved.

These Terms of Use permit you to use the Website and Apps for your personal, non-commercial use only. You agree not to reproduce, modify, publicly display, publicly perform, store, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of any of the Content, in whole or in part, by any means, except:

• As expressly authorized by ORNITHOPTER GAMES in writing.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide Apps, desktop, mobile or other applications for download, you may download a single copy to each of your computer(s) or mobile device(s) solely for your own personal, non-commercial use, provided you agree to be bound by the terms of use and end user license agreement(s), if any, for such applications.
• You may link to a reasonable number of pages of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion and without notice.

The foregoing permissions are granted on the condition that:

• You do not remove or modify any copyright, trademark or other proprietary rights notices or disclaimers from Content or copies of materials from the Website or Apps.
• You add a permission notice (e.g., "Used with permission") to such Content.
• You do not access or use any part of the Website, Apps or Content for any commercial purpose.
• Your use of the Content does not imply that ORNITHOPTER GAMES endorses, sponsors or is affiliated with any product, service, person, or entity.
• Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials.
• You do not modify, decompile or reverse engineer any Content.
• You do not use any illustrations, photographs, video or audio sequences or any graphics without permission from ORNITHOPTER GAMES.
• The use of such Content is in compliance with these Terms of Use.

This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms of Use. Upon termination, you must immediately destroy any downloaded and/or printed Content.

No right, title or interest in or to the Website, the Apps, or any Content is transferred to you, whether by estoppel, implication or otherwise. Any use of the Website or Apps not expressly permitted by these Terms of Use is a breach of the Terms of Use and may violate copyright, trademark and other laws.

Photo Gallery

News services may use the materials posted in the ORNITHOPTER GAMES Photo Gallery solely for the purpose of disseminating information and other reporting purposes, so long as such use is otherwise in compliance with these Terms of Use.

ORNITHOPTER GAMES Trademarks

As used herein, "ORNITHOPTER GAMES Trademarks" means all company names, product and service names, related names, terms, marks, brands, logos, designs, trade dress, slogans, and other designations ORNITHOPTER GAMES or its affiliates use in connection with the Website or Apps and their respective products and services. You must not use any of the ORNITHOPTER GAMES Trademarks without the prior written permission of ORNITHOPTER GAMES. You may not remove or alter any ORNITHOPTER GAMES Trademarks without ORNITHOPTER GAMES's prior written permission. You acknowledge ORNITHOPTER GAMES's rights in the ORNITHOPTER GAMES Trademarks. You agree not to incorporate any ORNITHOPTER GAMES Trademarks into your trademarks, service marks, company names, Internet addresses, domain names or any other similar designations, for use on or in connection with your or any third party's products, services or information. Contact licensing@ornithoptergames.com with any requests concerning use of ORNITHOPTER GAMES Trademarks.

If you wish to make any use of any Content or other material on the Website or Apps other than as set out in these Terms of Use, you may contact us at permissions@ornithoptergames.com.

10. Identification of Agent for Receipt of Copyright Infringement Notices

ORNITHOPTER GAMES is committed to respecting others' intellectual property rights, and we ask our users to do the same. It is ORNITHOPTER GAMES's policy to terminate the user accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement on the Website or Apps, please send a written notice of claimed copyright infringement to ORNITHOPTER GAMES's registered agent:

In your notice, please provide the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Website or App, including but not limited to the URL.
• Your address, telephone number, and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

11. Monitoring and Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to a third party who, in ORNITHOPTER GAMES's sole discretion, reasonably claims that material posted by you violates the third party's rights, including his, her or its intellectual property rights or privacy rights.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, the Apps, or the Content.
• Terminate or suspend your access to all or part of the Website or Apps for any or no reason, including without limitation any violation of these Terms of Use.
• Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Apps.
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.

However, we do not undertake to review all material before it is posted on the Website or Apps, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. Confidentiality of ORNITHOPTER GAMES Information

You may obtain direct access via the Website or Apps to certain confidential information of ORNITHOPTER GAMES and certain third parties that should reasonably be understood as confidential ("Confidential Information"). You agree to hold Confidential Information in strict confidence. Title to Confidential Information remains with ORNITHOPTER GAMES and any third-party providers of Confidential Information. Upon termination of the Terms of Use or ORNITHOPTER GAMES's written request, you must cease use of Confidential Information and return or destroy it.

If, in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Use, you are required to disclose Confidential Information, then you may do so, but only to the minimum extent required and only after prior notice to ORNITHOPTER GAMES adequate to afford ORNITHOPTER GAMES the opportunity to object to the disclosure.

13. User Contributions

The Website and Apps may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Features") that allow users to post User Contributions on or through the Website and Apps. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Apps, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, royalty free, worldwide, transferrable, non-exclusive right and license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, and publish and otherwise disclose to third parties any such material, in whole or in part, in any form or media (including in digital form), whether known or unknown. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you post and you, not ORNITHOPTER GAMES, have the responsibility for such content, including its legality, reliability, accuracy and appropriateness. None of the ORNITHOPTER GAMES Parties are responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or Apps.

14. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions, posted material and any use of the Interactive Services must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other protected class.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others.
• Contain any material that could give rise to criminal or civil liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or the Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist in any unlawful act.
• Be likely to cause annoyance, inconvenience, duress, distress, discomfort or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other promotions, bartering or advertising not approved in advance in writing by ORNITHOPTER GAMES.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Includes unauthorized disclosure of the personal information of third parties.
• Constitute electioneering, such as exhortations to vote for or against any candidate for public office.

15. Indemnity

You agree to defend, indemnify, and hold harmless ORNITHOPTER GAMES and the other ORNITHOPTER GAMES Parties from and against any and all Damages arising from, incurred as a result of, or in any manner related to (i) your User Contributions or other content posted by you; (ii) your use of or connection to the Website or Apps (including any use by you on behalf of your employer and any use by third parties under your accounts); (iii) your use of the Content; and/or (iv) your violation of the Terms of Use. ORNITHOPTER GAMES may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect ORNITHOPTER GAMES's rights or obligations shall be made without ORNITHOPTER GAMES's prior written approval. ORNITHOPTER GAMES reserves the right, at ORNITHOPTER GAMES's own expense and on notice to you, to assume exclusive defense and control of any such claim or action; in such case your corresponding indemnification obligation will end.

16. Advertisements and Promotions

ORNITHOPTER GAMES may run advertisements and promotions from third parties on the Website or Apps. Your correspondence or business dealings with, or participation in promotions of, advertisers other than ORNITHOPTER GAMES found on or through the Website or Apps, 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 third party. ORNITHOPTER GAMES is not responsible or liable for any Damages of any sort arising from or relating to any such dealings or as the result of the presence of such non-ORNITHOPTER GAMES advertisements or promotions on the Website or Apps. Advertisers on the ORNITHOPTER GAMES Website and Apps may collect information from you while you are using our Website or Apps in accordance with the terms of our Privacy Policy and Mobile App Privacy Policy. However, advertisements may link to third party websites, over which ORNITHOPTER GAMES has no control or responsibility.

17. Links and Third Party Services

The Website and Apps may contain links to other sites, applications, and resources provided by third parties. You acknowledge and agree that (a) ORNITHOPTER GAMES is not responsible for the availability of such external sites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) ORNITHOPTER GAMES does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, resources, or professionals or their affiliations.

18. Information about You and Your Visits to the Website and Apps; ORNITHOPTER GAMES's Privacy Policies

All information we collect on the Websites, whether submitted by you or collected automatically, is subject to our Privacy Policy, the terms of which are expressly incorporated herein. All information we collect through the Apps, whether submitted by you or collected automatically, is subject to our Mobile App Privacy Policy, the terms of which are expressly incorporated herein. By using the Website or Apps, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy or Mobile App Privacy Policy, as applicable. You agree to comply with all applicable laws and regulations, and the terms of ORNITHOPTER GAMES's Privacy Policy and Mobile App Privacy Policy, with respect to any access, use, and/or submission by you of any personal information in connection with the Website and Apps.

19. Parental Notice

Pursuant to 47 U.S.C. Section 230(d) as amended, ORNITHOPTER GAMES hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., en.wikipedia.org/wiki/List_of_content-control_software).

20. General Terms

Export Laws. Content, services and products derived or obtained from the Website or Apps may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export or import authorizations required by U.S. or your local laws; (b) not use the Content, services, or products from this Website or Apps to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Content, services, or products from the Website or the Apps to prohibited countries and entities identified in the U.S. export regulations.

Entire Agreement. The Terms of Use and any documents expressly incorporated herein constitute the entire agreement between you and ORNITHOPTER GAMES relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, the Apps, and the Content. No modification to the Terms of Use will be binding on ORNITHOPTER GAMES, unless in writing and signed by an authorized ORNITHOPTER GAMES representative or posted by ORNITHOPTER GAMES to the Website or Apps. You may not assign, sublicense, delegate or otherwise transfer the Terms of Use or any right granted hereunder.

Survival. Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use, including without limitation those of Sections 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Intellectual Property), 12 (Confidentiality of ORNITHOPTER GAMES Information), and 15 (Indemnity).

Equitable Relief. You agree that any material breach of Sections 5 (Prohibited Activities), 6 (Security Measures), 9 (Intellectual Property Rights and Use of Content), and 12 (Confidentiality of ORNITHOPTER GAMES Information) of the Terms of Use will result in irreparable harm to ORNITHOPTER GAMES for which Damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, ORNITHOPTER GAMES will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if ORNITHOPTER GAMES seeks such an injunction.

No Waiver. No waiver by ORNITHOPTER GAMES or failure to exercise promptly any right of ORNITHOPTER GAMES under the Terms of Use will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.

Severability. If any provision of the Terms of Use is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of the Terms of Use will remain in full force and effect.

Contact Information. You may send your questions regarding the Website, Apps and Content to the appropriate contact, listed below:

Email: support@ornithoptergames.com

Choice of Law and Forum Selection. The Terms of Use and all matters relating hereto or to the Website, the Apps, or the Content shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Arizona, United States, without regard to conflicts of law provisions thereof. Any disputes or controversies not subject to the negotiation and arbitration provisions set forth in Section 21 of these Terms of Use shall be decided by a state or federal court serving the city of Phoenix, Arizona, United States. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.

21. Arbitration; Class Action Waiver

A. Mandatory Arbitration of Certain Claims

You agree that, except as otherwise set forth in this Section 21, all Claims (as that term is defined in Section 21) shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA"), under the AAA Rules in effect at the time the Claim is filed ("AAA Rules"). Each Claim shall be submitted to a single arbitrator selected through mutual agreement of the parties. The arbitrator's decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. Except as otherwise indicated in these Terms of Use, the arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, and/or enforceability of these Terms of Use and any terms or documents incorporated herein, including any claim that all or any part of these Terms of Use are void or voidable. The arbitration proceedings shall be held in Phoenix, Arizona and shall be subject to these Terms of Use and the laws of the State of Arizona, United States, without regard to conflicts of law provisions thereof. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action (as defined below) nor make an award to any person or entity not a party to the arbitration. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Before you take a dispute to arbitration or to small claims court, you must first contact us in writing and describe (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought and give us an opportunity to resolve the dispute. Similarly, before ORNITHOPTER GAMES takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If you and ORNITHOPTER GAMES do not reach an agreement to resolve the claim within sixty (60) days from the date such notification is provided, you or ORNITHOPTER GAMES may commence an arbitration proceeding.

The amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which the parties to the arbitration are entitled. After ORNITHOPTER GAMES receives notice that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.

If, after finding in your favor in any respect on the merits of your Claim, the arbitrator issues you an award that is greater than the value of ORNITHOPTER GAMES's last written settlement offer made before an arbitrator was selected, then ORNITHOPTER GAMES will pay you the amount of the award or $10,000, whichever is greater.

If ORNITHOPTER GAMES prevails before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then ORNITHOPTER GAMES may seek to recover the AAA's fees and expenses of the arbitrator from you.

B. Class Action Waiver

Each of you and ORNITHOPTER GAMES expressly agree that any Claim(s) must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). You and ORNITHOPTER GAMES expressly agree to waive any ability to maintain any Class Action in any forum raising a Claim covered by this Section 21. Notwithstanding any other provision of these Terms of Use to the contrary, any Claim, dispute, or controversy alleging that all or part of the Class Action waiver contained in this Subsection 21.B is invalid, illegal, unenforceable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

22. Additional Terms Applicable to Specific Services Provided Through the Website and Apps

Additional terms of use may apply to your use of particular services provided through the Website or Apps. Such terms may be set forth below, posted on areas of the Website or Apps where particular services are provided to you, or posted on pop-up windows which may appear in connection with your use of specific services. Without limiting the provisions of Section 1, above, within the Website and Apps, the phrase "I Agree," "Agree" or words of like import are intended to be an additional way in which you confirm your binding assent to such additional terms, and by clicking on an "I Agree," "Agree" or similar button you enter into a binding contract.

In the case of a conflict between the Terms of Use and any additional terms you may encounter on the Website or Apps, the Terms of Use shall govern, except to the extent as may be explicitly set forth in those additional terms.

23. ORNITHOPTER GAMES Social Media Channels and Linking

ORNITHOPTER GAMES engages or may choose to engage in a number of social media activities to connect with members and spread its message. These may include maintaining Twitter feeds, Facebook and YouTube profiles for ORNITHOPTER GAMES, as well as social channels connected to major initiatives (e.g., Facebook, Google+ and YouTube). In addition, ORNITHOPTER GAMES may maintain a LinkedIn group, whose membership is limited to current ORNITHOPTER GAMES members. All of the foregoing are referred to in these Terms of Use as the "ORNITHOPTER GAMES Social Media Channels." The ORNITHOPTER GAMES Social Media Channels are not considered part of the Website and are subject to both the third-party and ORNITHOPTER GAMES terms of use, policies, and disclosures applicable to each ORNITHOPTER GAMES Social Media Channel.

This Website, Apps, and ORNITHOPTER GAMES Social Media Channels may provide certain social media features that:

• Enable you to link from your own or certain third-party websites to certain Website or App Content or to content on the ORNITHOPTER GAMES Social Media Channels.
• Enable you to send emails or other communications with certain Content, or links to certain Content.
• May cause limited portions of Content to be displayed or appear to be displayed on your own or certain third party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Cause the Website or Apps or portions of the Website or Apps to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site or application.
• Otherwise take any action with respect to the materials on the Website or Apps that is inconsistent with any other provisions of the Terms of Use.

You may link to the Website using social media accounts that you are authorized to use, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and otherwise complies with these Terms of Use, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

24. Glossary

ORNITHOPTER GAMES Parties is defined in Section 8.

ORNITHOPTER GAMES Social Media Channels is defined in Section 23.

App. Any mobile or web-based applications owned and offered for download by ORNITHOPTER GAMES.

Claim. Any dispute or controversy arising out of or relating to these Terms of Use, your use of or inability to use the Website, App(s), and/or the Content, except the following types of disputes and controversies: (a) any claim seeking to enforce or protect, or concerning the validity of, any of ORNITHOPTER GAMES's intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, or unauthorized use; (c) any claim for injunctive relief; and (d) any claim within the jurisdictional limits of the small claims courts.

Content. Any and all information or materials made available on the Website or Apps by ORNITHOPTER GAMES, including, without limitation, any data, text, software, sound, photographs, graphics, video, messages, and other materials, but excluding User Contributions as defined below.

Damages is defined in Section 8.

Interactive Features is defined in Section 13.

Password. A secret series of characters, typically alphanumeric (meaning it consists of both letters and numbers), that enables a user to access a file, computer, or program. The user must enter its, his, or her password before the computer or system will respond to commands. The password helps ensure that unauthorized users do not access the system. In addition, data files and programs may require a password. A password should be something that nobody but the user could guess.

Personally Identifiable Information ("PII"). Information that identifies or is uniquely associated with an individual, such as a name, tax payer identification number, home address, telephone number, email address, Social Security number, or credit card number.

User Contributions. Information provided by Website or App users to be published or displayed on public areas of the Website or Apps, or transmitted to other users of the Website or Apps or to third parties.

Username. A name used to gain access to a computer system or program. Usernames, and often, Passwords, are required in shared systems, such as the Internet. In most such systems, users can choose their own usernames and passwords.

Website. Collectively, the ORNITHOPTER GAMES website and any other online functionalities or services included in the websites owned or operated by ORNITHOPTER GAMES, but excluding our mobile applications, or "apps."

****

In the event you have any questions concerning these Terms of Use, please contact us at privacy@ornithoptergames.com.

back to main page