ZETANGOLE TERMS OF USE
1. ACCEPTANCE OF TERMS
HashThySelf, LLC ("HashThySelf") welcomes you. HashThySelf provides
its Zetangole ("Zetangole") software ("Software") and web-based
service ("Service") to you, subject to the following Terms of Service
("TERMS"), which may be updated by us at any time without notice to
you. You can review the most current version of the TERMS at any time
at: http://www.zetangole.com/terms/. In addition, when using
Zetangole operated services, you and Zetangole shall be subject to any
posted guidelines or rules applicable to such services which may be
posted from from time to time. All such guidelines or rules (including
but not limited to our Privacy Policy) are hereby incorporated by
reference into the TERMS where applicable.
2. DESCRIPTION OF SERVICE
Zetangole provides users with the ability to play a number of games
that belong to a family collectively referred to as the Zetangole
family of games. The Zetangole web service, in addition to hosting a
distribution site for such game software, also provides a game archive
viewing service, whereby users may view the archive of a game either
in progress or a game that has been played. The Zetangole family of
games, in general, pertain to a game-play technique wherein players
submit information to the game server, and the game server
subsequently adjudicates a winner based upon the similarities of the
players' submissions to some preselected target presented to the players.
You understand and agree that the Service may include advertisements
and that these advertisements are necessary for HashThySelf to provide
the Service. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of
new Zetangole services, shall be subject to the TERMS. You
understand and agree that the Service is provided "AS-IS" and that
HashThySelf assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
user-submitted information. You are responsible for obtaining access
to the Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. YOUR OBLIGATIONS
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or
other applicable jurisdiction.
The Service and the Software are made available to you for your
personal, non-commercial use only. You may not use the Software in
any manner that could damage, disable, overburden, or impair
HashThySelf's services (e.g., you may not use the Software in an
automated manner), nor may you use Software in any manner that could
interfere with any other party's use and enjoyment of the Service or
Software, or the services and products of Third Parties. "Third
Parties" means the third party licensors of the Software.
HashThySelf is concerned about the safety and privacy of all its
users, particularly children. For this reason, you agree not to
submit images of children under the age of 13 to the Service. You
also agree not to submit images that you do not own. In particular,
you may only submit and modify images and annotations of your own or
of persons from whom you have written consent to do so. You may not
submit copyrighted material of any kind. In addition you may not
submit pornographic, lewd or other content that may be perceived as
offensive. Such content includes, but is not limited to sexually
explicit content, content with racial slurs, content spreading hatred
or content promoting or abetting unlawful actions. HashThySelf
reserves the right to label any content on its site as inappropriate
and thereby purge its Service of the content. HashThySelf also
reserves the right to attempt to identify and block access to the
Service for misusers of the Service, originators of hack attacks, or
persons who repeatedly use the Service in non-compliance with the TERMS.
4. HASHTHYSELF PRIVACY POLICY
You accept complete responsibility for all submitted content and
understand that such content may be displayed to the public through
the Service. In particular, any game that is played using an official
Zetangole client will be archived on the Zetangole server and will be
available for viewing by any person who has access to your Game
identifier, or the URL you receive for perusing the archive.
HashThySelf will maintain an Internet-accessible website where
Internet users may view the archives of a selection of the most recent
games played. However, you agree not to attempt to discover archives
not advertised therein, of games not hosted by you, for example
through trial-and-error or automated means. But you understand that
it is possible for others to discover your game-archive's URL through
means non-compliant with the TERMS and that HashThySelf is not
accountable for such user actions.
HashThySelf automatically receives and records information on our
server logs from your browser, including your IP address, Zetangole
cookie information, and the page you request. HashThySelf may use the
information for the following general purposes: to customize the
advertising and content you see, to train our algorithms to improve
their performance, provide anonymous reporting for internal and
external clients, and to demonstrate consumer uptake of the service to
HashThySelf's potential partners and clients.
HashThySelf does not rent, sell, or share personal information about
you with other people or nonaffiliated companies except to provide
services you have requested, when we have your permission, or under
the following circumstances:
Information Sharing and Disclosure:
i) We provide the information to trusted partners who work on behalf of
or with HashThySelf under confidentiality agreements. However, these
companies do not have any independent right to share this information.
ii) We respond to subpoenas, court orders, or legal process, or to
establish or exercise our legal rights or defend against legal claims;
We believe it is necessary to share information in order to
investigate, prevent, or take action regarding illegal activities,
suspected fraud, situations involving potential threats to the
physical safety of any person, violations of HashThySelf's terms of
use, or as otherwise required by law.
iii) We transfer information about you if HashThySelf is acquired by or
merged with another company. In this event, HashThySelf will notify
you before information about you is transferred and becomes subject to
a different privacy policy.
iv) HashThySelf may display targeted advertisements based on personal
information. Advertisers (including ad serving companies) may assume
that people who interact with, view, or click on targeted ads meet the
targeting criteria. HashThySelf does not provide any personal information to
the advertiser when you interact with or view a targeted ad. However,
by interacting with or viewing an ad you are consenting to the
possibility that the advertiser will make the assumption that you meet
the targeting criteria used to display the ad.
Use of Cookies:
HashThySelf may set and access cookies on your computer. HashThySelf
lets other companies that show advertisements on some of our pages set
and access their cookies on your computer. Other companies' use of
their cookies is subject to their own privacy policies, not this one.
Advertisers or other companies do not have access to HashThySelf's
cookies. HashThySelf may use web beacons to access HashThySelf
cookies inside and outside our network and in connection
with other HashThySelf services.
Your ability to edit and delete information you submit:
You have a means to request that the archive of a game hosted by you,
be deleted. To do this you understand that you must contact the
Zetangole support staff via email providing your Game identifier and
that the Zetangole staff may action your request within a reasonable
time depending upon their other obligations and resource constraints.
5. USER CONDUCT
You understand that all information, data, text, photographs, graphics
or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such
Content originated. This means that you, and not HashThySelf, are
entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. HashThySelf does
not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, there is a chance that you may
be exposed to Content that may be offensive, indecent or
objectionable. Under no circumstances will HashThySelf be liable in
any way for any Content, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a
HashThySelf official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
h) upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"pyramid schemes," or any other form of solicitation;
i) upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
j) interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
k) intentionally or unintentionally violate any applicable local, state,
national or international law
l) provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
m) "stalk" or otherwise harass another; and/or
n) collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs (a)
through (m) above.
You acknowledge that HashThySelf may or may not pre-screen Content,
but that HashThySelf and its designees shall have the right (but not
the obligation) in their sole discretion to pre-screen, refuse, or
move any Content that is available via the Service. Without limiting
the foregoing, HashThySelf and its designees shall have the right to
remove any Content that violates the TERMS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by
HashThySelf or submitted to Zetangole.
You acknowledge, consent and agree that HashThySelf may access, preserve,
and disclose your information and Content if required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the TERMS; (c) respond to claims that any Content violates
the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of
Zetangole, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and use of these materials is subject to usage rules
set by HashThySelf and/or content providers who provide content to the
Service. You may not attempt to override or circumvent any of the
usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly
prohibited.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
HashThySelf does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant HashThySelf the following
world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on
publicly accessible areas of Zetangole, the license to reproduce,
distribute and publicly display such Content on the Service solely for
the purposes of providing and promoting the specific service to which
such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on
the Service and will terminate at the time you remove or HashThySelf
removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the
Service to be available to the general public. However, publicly
accessible areas of the Service would not include areas off of the
Zetangole web-site such as portions of World Wide Web sites that are
accessible through hypertext or other links but are not hosted or
served by Zetangole.
8. INDEMNITY
You agree to indemnify and hold HashThySelf, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TERMS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
including your Zetangole Game Identifier, Zetangole game archive URL,
use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HashThySelf may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that uploaded Content will be retained by the
Service, the maximum disk space that will be allotted on HashThySelf's
servers to store your Content, and the maximum number of times (and
the maximum duration for which) you may access the Service in a given
period of time. You agree that HashThySelf has no responsibility or
liability for the deletion or failure to store Content maintained or
transmitted by the Service. You acknowledge that HashThySelf reserves
the right to purge Content that has remained unaccessed for an
extended period of time. You further acknowledge that HashThySelf
reserves the right to modify these general practices and limits from
time to time.
11. MODIFICATIONS TO SERVICE
HashThySelf reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that HashThySelf shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, 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. You agree that
HashThySelf 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 Service.
13. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because HashThySelf has no control
over such sites and resources, you acknowledge and agree that
HashThySelf is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that HashThySelf shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
14. ZETANGOLE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. By way of example, Software
will include, but is not limited to HTML and/or JavaScript code
delivered to your web browser from the Service. You further
acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by
HashThySelf or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
All celebrity image Content used within the Zetangole game service is
believed by us to be in the public domain. If you believe any Content
used by us is proprietary in nature and violates your copyright, you
may notify us accordingly and we will undertake measures to either
license the Content or cease using such Content upon your furnishing
proof of ownership of the said Content.
HashThySelf grants you a personal, non-transferable and non-exclusive
right and license to use the Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other
than through the interface that is provided by HashThySelf for use in
accessing the Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZETANGOLE 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 AND NON-INFRINGEMENT.
b) ZETANGOLE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ZETANGOLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZETANGOLE SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZETANGOLE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these TERMS,
there shall be no third party beneficiaries to this Agreement.
19. NOTICE
HashThySelf may provide you with notices, including those regarding changes
to the TERMS, by postings on the Service.
20. TRADEMARK INFORMATION
The Zetangole logo, "Everybody Playeth Zetangole!" slogan, the notion
of HashSpace and its unique topology as defined within the Service,
the word Zetamated and its usage alluding to the automated of
calculation of similarities and other Zetangole logos and product and
service names are proprietary to HashThySelf, LLC.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
HashThySelf respects the intellectual property of others, and we ask
our users to do the same. HashThySelf may, in appropriate
circumstances and at its discretion, delete Content belonging to and
block access to the Service from users who may be repeat
infringers. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide HashThySelf
the following information:
i) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
ii) a description of the copyrighted work or other intellectual property
that you claim has been infringed;
iii) a description of where the material that you claim is infringing is
located on the site;
iv) your address, telephone number, and email address;
v) 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;
vi) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
vii) HashThySelf's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached via the Internet.
22. GENERAL INFORMATION
Entire Agreement. The TERMS constitutes the entire agreement between
you and HashThySelf and governs your use of the Service, superseding
any prior agreements between you and HashThySelf with respect to the
Service. You also may be subject to additional terms and conditions
that may apply when you use certain other HashThySelf services,
affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TERMS and the relationship between you
and HashThySelf shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and
HashThySelf agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of HashThySelf to
exercise or enforce any right or provision of the TERMS shall not
constitute a waiver of such right or provision. If any provision of
the TERMS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the TERMS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that any rights
to Content you transfer to HashThySelf terminate upon your death. Upon
receipt of a copy of a death certificate, your Content may be
permanently deleted.
Statute of Limitations. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TERMS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TERMS are for convenience only and have no
legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TERMS to our Customer Care group
and we will take the appropriate action as soon as possible.