Terms and Conditions
Please read these Terms and Conditions carefully before using this site

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using the FreshGames "site", a World Wide Web site owned and operated by FreshGames, you agree to this FreshGames "Terms of Use". If you do not agree to this policy, please do not use the FreshGames site. We reserve the right to make changes in this policy at any time. Please check the terms each time you use our web site to ensure you are aware of any changes in our policies regarding site usage terms and conditions.

Copyrights and Trademarks: Proprietary Rights

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by FreshGames and/or its subsidiaries for your personal, non-commercial, home use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You may not post any content from the site to news groups, mail lists, or electronic bulletin boards without our prior written consent. Copying and/or electronic transmission of any content of the Service is a violation of copyright law. All trademarks and logos are owned by Media Axcess, Inc. or its licensors, and you may not copy or use them in any manner. This site is controlled and operated by FreshGames from its offices within the State of Ohio, United States of America. FreshGames makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations within the United States or Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

FreshGames' Software

FreshGames grants to you a non-exclusive, limited license to use FreshGames' Software to play games on the Internet or to download games to your local hard drive. You may not sub-license, or charge others to use or access FreshGames' Software. You may not use FreshGames' Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from FreshGames' Software. You may not modify FreshGames' Software or use it in any way not expressly authorized in writing by FreshGames.

Software downloaded from this site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the United States Treasury Department's list of Specially Designated National or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, or on any such list.

FRESHGAMES HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE FRESHGAMES SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

Disclaimers and Limitation of Liability

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FRESHGAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRESHGAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FRESHGAMES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THIS SITE. FRESHGAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU (AND NOT FRESHGAMES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FRESHGAMES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FRESHGAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT FRESHGAMES, ITS PARENT, SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF FRESHGAMES SOFTWARE. IN NO CASE SHALL FRESHGAMES, OR FRESHGAMES' AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS (COLLECTIVELY, "FRESHGAMES AFFILIATES") BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF FRESHGAMES SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR FRESHGAMES.COM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FRESHGAMES AND FRESHGAMES' AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. FRESHGAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH FRESHGAMES.COM AND 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.

Third-Party Links

FreshGames makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-FreshGames web site, please understand that it is independent from FreshGames and that FreshGames has no control over the content on that web site. A link to a non-FreshGames web site does not mean that FreshGames endorses or accepts any responsibility for the content or use of such web site.

Submissions

Should any viewer of a document on this web site respond to FreshGames with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and FreshGames shall have no obligation of any kind with respect to such information. In addition, FreshGames shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, FreshGames shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever. In addition, when submitting ANY content to FreshGames.com, you automatically grant, or warrant that the owner of such content has expressly granted, FreshGames the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide in any form, media, or technology now known or later developed.

Illegal Behavior

The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on FreshGames.com. We terminate use of the Service and cooperate with law enforcement on such matters.

Copyright © 2002-2014 FreshGames, LLC
All Rights Reserved Worldwide.