The following terms and conditions, which include and hereby incorporate the Privacy Policy at http://flyingorange.club/pp.html (collectively, these “Terms of Use”) are a binding legal agreement between you and Tower Hero, LLC, its subsidiaries and affiliated companies (“Tower Hero”) that govern your use of (i) the website located at flyingorange.club (the“Site”), including any services, features and content accessible or downloadable from the Site, and (ii) any other Tower Hero application, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources ((i) and (ii) collectively, the “Service”). The Service is not intended for use by children under 13 years of age.
A. Your Acceptance of the Terms of Use:
Please carefully read these Terms of Use, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
B. Changes to the Terms of Use and the Service:
Tower Hero reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT Tower Hero SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.
Except as may be expressly specified otherwise by Tower Hero with respect to paid portions of the Service, Tower Hero reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.
C. Relationship to Other Agreements:
Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to Tower Hero or any aspect of the Service, these Terms of Use will control.
D. Registration, User Data and Accounts:
You may register for a user account that enables you to post content to a blog, message board, chat room or other forum (an “Account”). You also may be required to otherwise provide information about yourself in order to use the Service. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, Tower Hero has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
Each user of the Service is allowed a maximum of one Account per Device. A “Device” must embed a mobile operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided in Section E of these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Tower Hero of any unauthorized use of your password or Account or any other breach of security.
E. Rights to Use the Service:
Subject to your compliance with these Terms of Use, Tower Hero grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer to access the Site and solely on a Device to access Tower Hero’s applications, the following: (a) such portions of the Service as are freely accessible from the Tower Hero Site or that are, with Tower Hero’s authorization, made freely accessible from third party websites or sources, and (b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis. You may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Tower Hero through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred. After you transfer the Service to a new Device, it will be automatically removed from the old Device. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tower Hero or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of Section B above, Tower Hero reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with the terms and conditions of these Terms of Use, including without limitation by charging fees for such license.
F. Service Materials, Ownership, Trademarks and Feedback:
Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, as between you and Tower Hero, Tower Hero and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. “Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).
You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Tower Hero and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Tower Hero and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
The term Tower Hero, the Tower Hero logo and other Tower Hero, LLC logos and product and service names are trademarks and service marks of, and are owned by, Tower Hero. Except as expressly set forth herein, you may not use or display such trademarks in any manner without Tower Hero’s prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Tower Hero trademarks or service marks as “metatags” on other websites is prohibited.
If you provide Tower Hero with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of Tower Hero, and you hereby assign all rights, title and interest in and to such Feedback to Tower Hero. You agree that unless otherwise prohibited by law, Tower Hero may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
G. User Content:
The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Tower Hero and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). Tower Hero has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Tower Hero has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Tower Hero makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Tower Hero be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Tower Hero reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Use, or other inappropriate user behavior, to Tower Hero’s attention by contacting us through support.Tower Hero.com.
H. Your Content:
User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.
You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Tower Hero incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Tower Hero does not claim any ownership rights in Your Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.
You hereby grant to Tower Hero a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Tower Hero the right to sublicense and authorize others to exercise any of the rights granted to Tower Hero under these Terms of Use. You further perpetually and irrevocably grant Tower Hero the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
Tower Hero has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
I. Restrictions and Rules of Use:
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.
The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You agree to not use the Service to transmit, make available or otherwise promote or support:
(a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any User Content that promotes illegal activity, such as drug use;
(c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
(e) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.
You further agree not to:
(i) 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;
(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;
(iv) use the Service to harm minors in any way;
(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;
(vi) defraud or mislead Tower Hero or other users or otherwise engage in any suspicious activity;
(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;
(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
(x) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Tower Hero experience to the detriment of fair play; or
(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.
You also agree not to access the Service: (x) by any means other than through the interface that is provided by Tower Hero for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and 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.
In addition, you agree not to use the Service or any portion of the Service that enables communications, (for example, email, online forums, message boards, messaging services or blogs), to: (1) excessively communicate the same phrase, similar phrases, or gibberish; (2) create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums or insulting other users of the Service; (3) post or transmit non-constructive comments; (4) abuse any functionality enabling reporting to Tower Hero by sending false alarms or nonsensical messages; (5) bump forum threads; (6) number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts; (6) post off-topic comments; (7) commit other actions that Tower Hero considers, in its sole discretion, to be “flaming,” “trolling” or “spamming”; (8) create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or (9) links to threads from other forums unless previously approved by a moderator.
These rules of use are not meant to be exhaustive, and Tower Hero reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action-up to and including termination of your Account and exclusion from further participation in the Services.
J. Virtual Currency and Goods:
The Service may include virtual currency, such as cash, coins, points or similar that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, “Virtual Currency”). The Service may also include virtual digital items, such as assets, commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods”). Tower Hero reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods as it sees fit, and Tower Hero shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Tower Hero. You have no other right, tile or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.
You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Tower Hero, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by Tower Hero in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Tower Hero’s discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and Tower Hero will have no liability to you in connection therewith.
K. Posting On Other Websites and Linking to the Service:
Subject to these Terms of Use, Tower Hero agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Tower Hero may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website (i) is not a commercial competitor of Tower Hero, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, Tower Hero, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and does not associate products, services or advertising with such content, and (v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an “Authorized Website”). The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to flyingorange.club and (ii) the statement “Copyright Tower Hero, LLC. All Rights Reserved. Used With Permission.” on every page on which the posting appears.
Tower Hero agrees to grant you a non-exclusive, limited license, revocable at Tower Hero’s discretion, for you to link to Tower Hero’s home page from any Authorized Website. You may not display the Service or any portion thereof in frames or “in-line links” without express written permission from Tower Hero.
L. Termination:
These Terms of Use will remain effective until terminated by either party.
You may terminate these Terms of Use at any time and for any reason by (a) contacting Tower Hero through support.Tower Hero.com notifying us of your termination, (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.
Tower Hero may terminate these Terms of Use, your Account and your access to the Service (or, at Tower Hero’s sole option, applicable portions of the Service) at any time and for any reason. Tower Hero may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Tower Hero is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, Tower Hero may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Tower Hero suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Tower Hero; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Tower Hero, any third parties or the Service itself.
You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency and Virtual Goods, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Tower Hero, you will not be entitled to and Tower Hero will not be liable to you or any third party for any refund, reimbursement or other liability. If Tower Hero terminates your Account, you may not participate in the Service or any other Tower Hero service without Tower Hero’s express written permission. To request permission for post-termination participation in a Tower Hero service, submit a request through support.Tower Hero.com. Tower Hero reserves the right to refuse to keep Accounts for, and provide Tower Hero services to, any individual. You shall not allow individuals whose Accounts have been terminated by Tower Hero to use your Account.
M. Disputes With Others:
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Tower Hero hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Tower Hero to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Tower Hero access to any password-protected portions of your Account. Tower Hero reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
N. Disclaimers of Warranties and Damages, Limitations of Liability:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE Tower Hero PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Tower Hero PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “Tower Hero PARTIES” ARE COMPRISED OF Tower Hero AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.
UNDER NO CIRCUMSTANCES SHALL THE Tower Hero PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Tower Hero PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Tower Hero or any other Tower Hero Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Tower Hero’s and such Tower Hero Party’s liability shall be the minimum permitted under such applicable law.
O. Links to External Locations and Third Party Websites:
The Service may contain links to third-party websites or resources. You acknowledge and agree that Tower Hero is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tower Hero of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Tower Hero may remove any links at any time for any reason or for no reason.
P. Indemnification:
You agree to indemnify, defend and hold the Tower Hero Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.
Q. Governing Law and Remedies:
These Terms of Use and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in the Northern District of California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Tower Hero under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Tower Hero for which remedies at law are inadequate. Tower Hero shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
R. Miscellaneous:
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
Tower Hero operates and controls the Service from its offices in the United States. Tower Hero makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Tower Hero to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Portions of the Service may be subject to United States export controls. You agree to comply with such export controls, as well as similar such controls in any applicable jurisdiction. Without limiting the foregoing, you agree that no software from the Service may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software or applicable portion of the Service, 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.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Tower Hero as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and Tower Hero with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Tower Hero. The failure of Tower Hero to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use 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 these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without Tower Hero’s prior written consent, but are freely assignable by Tower Hero. The section headings used herein are for convenience only and shall not be given any legal import. Upon Tower Hero’s request, you will furnish Tower Hero any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Tower Hero by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section F (Service Materials, Ownership, Trademarks and Feedback), Section H (Your Content), Section L (Termination), Section M (Disputes with Others), Section N (Disclaimers of Warranties and Damages, Limitations of Liability), Section P (Indemnification), Section Q (Governing Law and Remedies and Section R (Miscellaneous).
Contact Us:
For all correspondence, please contact us through support@flyingorange.club.
© 2009-2017 Flying Orange Tech Limited
Last modified: March 2, 2024.