Terms of Service

Welcome to to9game.com. This website, referred to as the "Site" encompasses all web platforms associated with the Company and its affiliates, including those where these terms and conditions are posted. The Site provides access to virtual environments, games, downloadable software, and applications for various devices such as personal computers, tablets, and mobile phones. All users of the Site must adhere to the following terms and conditions of use (the "Terms of Use").

Please review these Terms of Use carefully before accessing or using any part of this Site. By accessing or using this Site, you confirm that you have read, understood, and agree to be bound by these Terms of Use, which may be amended periodically, along with the Company’s Privacy Policy incorporated herein. If you do not agree to these Terms of Use, please do not use the Site.

The Company reserves the right to revise and update these Terms of Use at any time without prior notice by posting the updated terms on this Site. Continued use of the Site indicates your acceptance of any modifications to the Terms of Use. It is your responsibility to periodically check the Site for changes.

Use of the Site

By accessing this Site, you agree to use it solely for lawful purposes and to adhere to the following guidelines:

(a) Prohibited Activities: You agree not to engage in any of the following actions:

1. Upload or transmit any defamatory, obscene, harassing, violent, or otherwise inappropriate material, including content protected by copyright without proper authorization.

2. Use the Site to infringe on the legal rights of others, including their privacy or publicity rights, or violate any laws.

3. Intercept or attempt to intercept emails not intended for you.

4. Falsely represent your affiliation with any person or entity.

5. Upload or transmit advertisements or solicitations for business on the Site.

6. Restrict or inhibit other users from utilizing the Site.

7. Upload files containing viruses or corrupt data.

8. Collect personal information about others without their consent.

9. Download or share files or software that you know, or have reason to believe, cannot be legally distributed or must remain confidential.

10. Engage in spam, chain letters, or similar disruptive activities.

11. Solicit or share personal information, such as usernames or passwords.

12. Stalk, phish, harass, or abuse other users.

13. Participate in any activity that, in the Company’s opinion, may harm other users or the Company, or expose them to liability.

Additionally, you agree to comply with any relevant code of conduct and policies governing the Site and its services.

(b) Content Responsibility: Any content uploaded, expressed, or submitted to public areas of the Site (including forums, blogs, or password-protected areas) reflects solely the opinions and responsibility of the individual submitting it, not the Company. You are solely responsible for the content you post, including its legality and appropriateness. By submitting content, you confirm it is either your original work, public domain, or free from restrictions. You grant the Company an irrevocable, royalty-free, perpetual, transferable worldwide license to use the content in any format, including copying, displaying, publishing, modifying, or creating derivative works.

(c) Commercial Use Restrictions:Unless specifically authorized by the Company, you may not reproduce, sublicense, distribute, sell, or commercially exploit any part of the Site, its content, or services. This includes, but is not limited to, selling virtual items, codes, or currency obtained through the Site or leasing access to the Site.

(d) Company Rights and Responsibilities:

1. The Company reserves the right to remove any content it deems inappropriate, including content believed to infringe on copyrights.

2. The Company may monitor and record communications between users.

3. The Company may terminate access to the Site for users violating these terms. 

While the Company strives to manage content, it cannot review all submissions before posting and does not guarantee the immediate removal of inappropriate material. Therefore, the Company is not liable for the actions or inactions related to third-party communications or content. However, the Company reserves the right to take action as necessary to protect the safety of users and the public.

(e) Consequences of Violations: Failure to follow these guidelines may result in the termination of your access to the Site and could subject you to civil or criminal penalties.

Privacy: Protection of Personal Information

The handling and protection of your personal information by the Company, as well as your responsibilities in maintaining your privacy, are outlined in the Company's Privacy Policy. This policy is incorporated into these Terms of Use by reference.

Uploads to Your Devices

If you are using any downloadable applications provided by the Company, please be aware that updates to your device's operating system or firmware may cause compatibility issues with the applications. The Company does not guarantee that its applications or the Site will remain compatible with any updated or previous versions of your devices. While the Company may provide updates to improve compatibility with newer device versions, it is under no obligation to do so.

Data Charges

If accessing the Site or using any Company application involves or allows the use of wireless, cellular data, or internet services, you are responsible for securing the necessary data services independently. For instance, if you use the Site or any Company applications on mobile devices, your data provider may charge you fees. You are solely liable for all charges associated with data services provided by third parties.

Copyright Restrictions/Use of Content

All content on this Site, including text, images, audio, software, and its arrangement, is proprietary to the Company, its affiliates, or licensors. This content is protected by U.S. and international laws on copyrights, trademarks, and other proprietary rights. You are allowed to use the content for personal purposes, related to your use of the Site as a current or potential user. Without prior written consent from the Company, you are not permitted to copy, modify, create derivative works, publicly display or distribute any material from the Site. Exceptions include:

(a) Temporary storage of materials in RAM,

(b) Caching by your web browser for display optimization,

(c) Printing a reasonable number of pages for personal use, provided that you do not alter or remove copyright or proprietary notices.

Ownership of any material or content remains with the Company or the original rights holders.

Software and Downloads

When the Company offers downloadable software through this Site, your download or access to the software is provided under a license. You do not receive ownership of the software, and it may only be used in accordance with the Company’s services or features available on the Site. You are not allowed to modify, adapt, reverse-engineer, decompile, or attempt to discover the source code of the software. Additionally, you may not create derivative works unless explicitly authorized. This license is revocable at any time without notice. Upon license revocation or termination of Site access, you agree to return or destroy all copies of the software. The software use is subject to restrictions outlined in these Terms of Use, as well as any additional end-user license agreements where applicable.

Access and Interference

You agree not to:

(a) Use any automated system such as robots or spiders to access the Site,

(b) Use manual processes to monitor or copy content on the Site without prior written consent,

(c) Use any device or software that interferes with the proper functioning of the Site,

(d) Attempt to interfere with the Site’s operations,

(e) Take actions that place unreasonable load on the Company’s infrastructure, or

(f) Access or refresh transactional pages more than once every three (3) seconds.

Trademarks

The Company name, logo, and related names, product names, and designs are trademarks of the Company, its affiliates, licensors, and contractors, unless stated otherwise. You are not permitted to use these marks without written permission from the Company. Other names and brands on the Site are used solely for identification purposes and may belong to their respective owners.

Liability of the Company and Its Licensors

The Company name, logo, and related names, product names, and designs are trademarks of the Company, its affiliates, licensors, and contractors, unless stated otherwise. You are not permitted to use these marks without written permission from the Company. Other names and brands on the Site are used solely for identification purposes and may belong to their respective owners.

The Site is provided on an "as is" and "as available" basis without any warranty of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company, along with its affiliates and service providers, is not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with the use of the Site.

Interaction with Other Users

By accessing the Site, you agree to release the Company (including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third-party information providers, licensors, licensees, distributors, and contractors) from any claims, demands, and damages (whether actual or consequential) related to disputes you may have with other users. While the Company has the right to mediate user disputes regarding Site use, it is under no obligation to do so. If the Company chooses to mediate, it will act in good faith, adhering to the general rules and policies of the Site. In such cases, you further release the Company and all associated parties from any liability resulting from its dispute resolution efforts.

Indemnification

You agree to indemnify, defend, and hold the Company harmless, along with its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third-party information providers, licensors, licensees, distributors, contractors, and others associated with the Site or involved in the delivery of products and services. This indemnification covers any liabilities, expenses, damages, and legal costs (including reasonable attorney’s fees) arising from your violation of these Terms of Use or your use of the Site, its products, services, or any information obtained through it.

Comments and Submissions

The Company encourages feedback and welcomes your comments. Any comments, suggestions, or other feedback you provide in response to requests from the Company, its advertisers, or business partners will become the Company's property. You agree that all intellectual property rights associated with these submissions will transfer to the Company. If any intellectual property rights are not transferred, you grant the Company a non-exclusive, royalty-free license to use, create derivative works of, distribute, and sublicense such materials for any purpose related to the Company's websites, products, or services. You acknowledge that you are not entitled to any compensation, consideration, or review for your submissions.

Links to External Websites

The Site may feature links to various external websites across the internet. The Company is not responsible for, nor does it endorse, the content, products, services, or practices of any third-party websites, including those embedded in the Site or associated with third-party advertisements. The Company makes no guarantees regarding the quality, accuracy, or appropriateness of these external websites for your use. If you choose to engage with these third-party websites, you do so at your own risk and are subject to their terms and conditions. Should you decide to purchase any products or services from a third-party site, the Company is not liable for those transactions and holds no responsibility for any direct or indirect damages or costs arising from disputes between you and the third party. Neither the Company, its licensors, nor its contractors provide any express or implied warranties concerning the goods or services provided by such third-party merchants, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or compatibility.

Copyright and Intellectual Property Infringement

In compliance with the Digital Millennium Copyright Act (DMCA) and other relevant laws, the Company reserves the right to terminate access to the Site for users identified as repeat infringers of copyright or other intellectual property rights. This determination is made at the Company's sole discretion. Furthermore, the Company may, at its discretion, restrict or terminate your access if it finds that you have violated the intellectual property rights of others, regardless of whether the infringement is repeated.

Choice Of Law

These Terms of Use are governed by and will be interpreted in accordance with the laws of the State of Illinois, USA, without consideration of any conflict of law principles.

Miscellaneous Provisions

These Terms of Use, including any amendments made periodically, represent the complete and exclusive agreement between you and the Company regarding the Site. No additional terms communicated to you, whether verbally or through other means, will hold any weight or effect. Any legal action related to the Site must be initiated within one (1) year from when the claim arises; otherwise, the claim will be considered void.

You acknowledge that any breach of the restrictions outlined in these Terms of Use regarding the Site, its content, or the software and services offered on or through the Site could result in irreparable harm to the Company, for which traditional legal remedies may not be sufficient. You agree that, in the case of unauthorized use of the Site, its content, or any software and services, as well as any improper disclosure of confidential information, the Company will have the right to seek injunctive relief in addition to any other legal or equitable remedies available. The Company’s licensors and contractors are intended third-party beneficiaries of any relevant terms within these Terms of Use that pertain to their products or services, including warranty disclaimers and liability limitations, and they will have the right to enforce all applicable representations, warranties, covenants, indemnifications, and obligations against you.

If any portion of these Terms of Use is found to be unenforceable (including, but not limited to, any aspect of the binding arbitration provision), that part will be interpreted to reflect the original intentions of the parties as closely as possible. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

Terms regarding the protection of the Company’s intellectual property rights, disclaimers of warranties, limitations of liability, governing law, binding arbitration, indemnification obligations, and any licenses granted to the Company will survive the termination of these Terms of Use.

The Company’s failure to insist on or enforce strict adherence to any part of these Terms of Use does not constitute a waiver of that provision. Furthermore, no course of conduct or dealing between you and the Company, nor any customary business practices, will be considered to modify these Terms of Use.

Last updated: September 30, 2024.