User Terms
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the ugirlgames.com domain name, the "ugirlgames Website", or "Website"),
YOU SIGNIFY YOUR ASSENT TO TERMS OF USE, WHICH ARE PUBLISHED AT
https://sites.google.com/view/ugirlgames-user-terms AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, then please do not use the ugirlgames Website.
1. ugirlgames Website
These Terms of Use apply to all users of the ugirlgames
Website, including users who are also contributors of manga content,
information, and other materials or services on the Website. The ugirlgames
Website may contain links to third party websites that are not owned or
controlled by ugirlgames. ugirlgames has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, ugirlgames will not and cannot censor or edit
the content of any third-party site. By using the Website, you expressly
relieve ugirlgames from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave
the ugirlgames Website and to read the terms and conditions and privacy
policy of each other website that you visit.
2. Website Access
A. ugirlgames hereby grants you permission
to use the Website as set forth in this Terms of Use, provided that: (i) your
use of the Website as permitted is solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Website in any medium
without ugirlgames's prior written authorization; (iii) you will not alter
or modify any part of the Website other than as may be reasonably necessary to
use the Website for its intended purpose; and (iv) you will otherwise comply
with the terms and conditions of these Terms of Use.
B. In order to access some features of the
Website, you will have to create an account. You may never use another's
account without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password secure.
You must notify ugirlgames immediately of any breach of security or
unauthorized use of your account. Although ugirlgames will not be liable
for your losses caused by any unauthorized use of your account, you may be
liable for the losses of ugirlgames or others due to such unauthorized use.
C. You agree not to use or launch any
automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the ugirlgames
servers in a given period of time than a human can reasonably produce in the
same period by using a convention on-line web browser. Notwithstanding the
foregoing, ugirlgames grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. ugirlgames reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their User
Submissions.
3. Intellectual Property Rights
The content on the ugirlgames Website,
except all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or
licensed to ugirlgames, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners. ugirlgames reserves all rights not expressly
granted in and to the Website and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security related
features of the ugirlgames Website or features that prevent or restrict use
or copying of any Content or enforce limitations on use of the ugirlgames
Website or the Content therein.
5. User Submissions
A. The ugirlgames Website may now or in
the future permit the submission of manga or other communications submitted by
you and other users ("User Submissions") and the hosting, sharing,
and/or publishing of such User Submissions. You understand that whether or not
such User Submissions are published, ugirlgames does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your
own User Submissions and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions
to use and authorize ugirlgames to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Use; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of Use.
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to ugirlgames, you hereby grant
ugirlgames a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in connection with the ugirlgames
Website and ugirlgames's (and its successor's) business, including without
limitation for promoting and redistributing part or all of the ugirlgames
Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the ugirlgames Website a
non-exclusive license to access your User Submissions through the Website, and
to use, reproduce, distribute, prepare derivative works of, display and perform
such User Submissions as permitted through the functionality of the Website and
under these Terms of Use. The foregoing license granted by you terminates once
you remove or delete a User Submission from the ugirlgames Website.
C. In connection with User Submissions, you
further agree that you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of
such rights or have permission from their rightful owner to post the material and
to grant ugirlgames all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage ugirlgames or any third
party; (iii) submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate another
person. ugirlgames does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and ugirlgames expressly
disclaims any and all liability in connection with User Submissions. ugirlgames
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and ugirlgames will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. ugirlgames
reserves the right to remove Content and User Submissions without prior notice.
ugirlgames will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had a User
Submission removed from the Website more than twice. ugirlgames also
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or excessive
length. ugirlgames may remove such User Submissions and/or terminate a
User's access for uploading such material in violation of these Terms of Use at
any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner
or an agent thereof and believe that any User Submission or other content
infringes upon your copyrights, you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3) for
further detail):
(i) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(ii) Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site;
(iii) Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to
permit the service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
(v) A statement that you have a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
ugirlgames's designated Copyright Agent to
receive notifications of claimed infringement is: ylnrsyb.dev@gmail.com. For
clarity, only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other communications
should be directed to ugirlgames customer service. You acknowledge that if
you fail to comply with all of the requirements of this Section 5(D), your DMCA
notice may not be valid.
E. You understand that when using the ugirlgames
Website, you will be exposed to User Submissions from a variety of sources, and
that ugirlgames is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against ugirlgames with respect thereto, and agree to indemnify and hold ugirlgames,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of the site.
F. ugirlgames permits you to link to
materials on the Website for personal, non-commercial purposes only. ugirlgames
reserves the right to discontinue any aspect of the ugirlgames Website at
any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE UGIRLGAMES
WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UGIRLGAMES
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 UGIRLGAMES
WEBSITE. UGIRLGAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE UGIRLGAMES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND UGIRLGAMES WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL UGIRLGAMES, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE UGIRLGAMES WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT UGIRLGAMES
SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
8. Indemnity
You agree to defend, indemnify and hold
harmless ugirlgames, its parent corporation, officers, directors, employees
and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees) arising from: (i) your use of and access to the ugirlgames
Website; (ii) your violation of any term of these Terms of Use; (iii) your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the ugirlgames Website.
9. Ability to Accept Terms of Use
You affirm that you are either more than 18
years of age, or an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these
Terms of Service, and to abide by and comply with these Terms of Service. In
any case, you affirm that you are over the age of 13, as the ugirlgames
Website is not intended for children under 13. If you are under 13 years of
age, then please do not use the ugirlgames Website-there are lots of other
great web sites for you. Talk to your parents about what sites are appropriate
for you.
10. Assignment
These Terms of Use, and any rights and
licenses granted hereunder, may not be transferred or assigned by you, but may
be assigned by ugirlgames without restriction.