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MOONDO TERMS OF USE

Welcome to www.moondo.com (the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to Funtactix Inc., its affiliates and subsidiaries (individually and collectively, “Funtactix” or “We”).

We reserve the right, at our discretion, to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.

1. Your Acceptance

By using or visiting this Site (together with all Content (as defined below)) You signify Your assent to (1) these Terms of Use and (2) the Site's privacy policy at www.moondo.com/privacy. If you download or use Funtactix’s software (including Moondo) or services, You agree to bound by the Funtactix software end-user license, available at www.moondo.com/license. If You do not agree with the Terms or Privacy Policy, do not access or otherwise use the Site or any information contained herein.

2. Ability to Accept Terms of Use

By consenting to these Terms, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein. You affirm that You are over the age of 13, as the Site is not intended for children under 13. If it comes to Funtactix's attention through reliable means that a registered user is a child under 13 years of age, Funtactix will cancel that user's account If You are under 13 years of age, then please do not use the Site—there are lots of other great web sites for You. Talk to Your parents about what sites are appropriate for You.

Children between the ages of 13 and 18

If you are between the ages of 13 and 18, please let your parent or guardian know about these Terms and get his or her permission before you give us your consent or give us any of your personally identifiable information.

For users in Holland: Door het accepteren van deze voorwaarden bevestig je tevens dat jouw kennis en begrip van het Engels voldoende is om de voorwaarden zoals hier beschreven te kunnen begrijpen. You represent and warrant that You are at least 16 years old. If it comes to Funtactix's attention through reliable means that a registered Dutch user is a child under 16 years of age, Funtactix will cancel that user's account.

In addition, to the extent that the country from which you access the Site imposes additional obligations or restrictions on the users who are minors, or otherwise, You are subject to those obligations or restrictions.

3. Software Use Restrictions

You acknowledge that any software and related documentation that may be available to download from the Site (the "Software") is the copyrighted work of Funtactix. You agree that use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software (the "License Agreement"). Any Software and other material downloaded or otherwise obtained through the use of Site is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such Software and material. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

4. Disclosure.

We reserve the right to access, read, preserve, and disclose any User Submission or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Funtactix, its users and the public.

5. Links

The Site may contain links to third party websites that are not owned or controlled by Funtactix. Funtactix is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Funtactix will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release Funtactix from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.

6. Website Access

A. Funtactix hereby grants You permission to use the Site, provided that: (i) Your use of the Site is solely for your personal, noncommercial use; (ii) You will not copy, distribute or modify any part of the Site, including the comments thereon, without Funtactix's prior written authorization; (iii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, or similar mass mailings; (iv) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) You will not disrupt servers or networks connected to the Site; and (vi) You comply with these Terms.

B. In order to obtain some services of the Site (including but not limited to (i) participating in chat rooms to enable you to talk to other visitors, (ii) submitting messages to message boards for publication, (iii) creating personal pages and a Blog with a unique direct URL, (iv) participating in forums, (v) sending and receiving private messages, (vi) playing games and inviting friends or other compatible players to join a game, (vii) answering surveys or receiving bounties from the Site for different activities, (viii) purchasing game items for the Site (“Services”)), You will have to create an account and include certain personal information. You may never use another person's account without their 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 must notify Funtactix immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of Funtactix or others due to such unauthorized use. Funtactix will not be liable for Your losses caused by any unauthorized use of Your account.

C. You agree not to use or launch any automated system, including without limitation, "robots" or "spiders," that accesses the Site in a manner that sends more request messages to the Funtactix servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below).

D. Funtactix has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause. Upon such termination, licenses granted under the License Agreement will terminate and you: (i) will cease any and all use of Software, and (ii) will remove such Software from all hard drives, networks and other storage media and destroy all copies of the Software in Your possession or under Your control.�

7. Intellectual Property Rights

The content on the Site, including without limitation, all User Submissions, the text, documents, products, software, scripts, graphics, photos, sounds, interactive features, services, video games provided on this Site and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Funtactix. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Funtactix’s prior written consent. Funtactix reserves all rights not expressly granted in and to the Site. 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 Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.

Funtactix, the Funtactix logo, Moondo, the Moondo logo, and other marks are Marks of Funtactix or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.

This section shall survive any termination of these Terms.

8. User Submissions

A. Subject to registration and creation of an account on the Site, the Site permits the submission of Content by You and other users, as well as submission of suggestions, comments or other feedback ("User Submissions") and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Funtactix does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for Your own User Submissions and the consequences of submitting, posting or publishing them. You represent and warrant that: You own or have the necessary rights and permissions to use and authorize Funtactix to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions. However, by submitting the User Submissions to Funtactix, You hereby grant Funtactix a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Funtactix's (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and to exploit the User Submissions as Funtactix sees fit, entirely without obligation or restriction of any kind. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

C. You agree that You will not display, post, submit, publish or transmit a User Submission that: (i) constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant; (ii) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory or violates a person’s privacy; (v) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; (vi) improperly exposes trade secrets or other confidential or proprietary information of another person; (vii) is intended to assist others in defeating technical copyright protections; (viii) infringes another person’s trade or service mark, patent, or other property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is discriminatory in any way, including by way of sex, race, or age discrimination; (xi) facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing; (xii) involves theft, fraud, drug-trafficking, money laundering or terrorism; (xiii) is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to us; (xiv) is otherwise malicious, fraudulent, or may to result in retaliation against us by offended viewers; (xv) constitutes falsehoods or misrepresentations that could damage Funtactix or any third party; (xvi) constitutes advertisements or solicitations of business; or (xvii) impersonates another person. Funtactix does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Funtactix expressly disclaims any and all liability in connection with User Submissions.

D. You understand that when using the Site, You will be exposed to User Submissions from a variety of sources, and that Funtactix is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions. 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 may have against Funtactix with respect thereto, and agree to indemnify and hold Funtactix, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.

9. Copyright and Content Policy

Funtactix respects the intellectual property rights of others, and requests You to do the same. Funtactix does not permit copyright infringing activities and infringement of Intellectual Property Rights on its Site, and Funtactix will remove all Content if properly notified that such Content infringes another's Intellectual Property Rights. Funtactix reserves the right to remove Content without prior notice. Funtactix will also terminate a User's access to the Site, if they are determined to be a repeat infringer. Funtactix may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms at any time, without prior notice and at its sole discretion.

If You believe that Your Content has been used in a way that constitutes copyright infringement, please provide Funtactix’s Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

2. a description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. a description of where the material that You claim is infringing is located on the Site, including the URL;

4. Your address, telephone number, and email address;

5. 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; and

6. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Funtactix's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Doron Nir

Funtactix Ltd.

Kaufman 4, Tel Aviv, Israel 68012

By phone: +972 35102123 �

By fax: +972 35100992 �

By email: copyright@funtactix.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.

3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail: Doron Nir

Funtactix Ltd.

Kaufman 4, Tel Aviv, Israel 68012

By phone: +972 35102123 �

By fax: +972 35100992 �

By email: copyright@funtactix.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Funtactix permits You to link to materials on the Site for personal, non-commercial purposes only. Funtactix reserves the right to discontinue or modify any aspect of the Site at any time.

10. Limitation of Liability and Warranty

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY SHALL APPLY WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND FUNTACTIX, THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT THE SITE, SERVICE AND THE CONTENT WILL FUNCTION AS CLAIMED, FUNTACTIX DOES NOT GUARANTEE THAT THE SITE, SERVICE OR THE CONTENT WILL PROVIDE UNINTERRUPTED SERVICE, BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT THEY WILL ALWAYS BE AVAILABLE. THE SITE INCLUDING THE SERVICES WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT FUNTACTIX WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, FUNTACTIX DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT FUNTACTIX 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.

FUNTACTIX DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.

YOU ARE SOLELY RESPONSIVE FOR YOUR INTERACTION WITH OTHER FUNTACTIX USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT FUNTACTIX IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. FUNTACTIX RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.

UNDER NO CIRCUMSTANCES SHALL FUNTACTIX, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, SERVICE OR THE SITE EVEN IF FUNTACTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE FUNTACTIX TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, IF ANY, FOR ACCESSING AND USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnity

You agree to defend, indemnify and hold harmless Funtactix, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any Intellectual Property 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 and Your use of the Site.

12. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Funtactix without restriction.

13. General

These Terms, the Privacy Policy, the License Agreement and the relationship between You and Funtactix are governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You and Funtactix agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in New York, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and License Agreements and any other legal notices published by Funtactix on the Site, shall constitute the entire agreement between you and Funtactix concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Funtactix reserves the right to amend these Terms at any time and without notice, and it is Your responsibility to review these Terms for any changes. Your use of the Site following any amendment of these Terms will signify Your assent to and acceptance of its revised terms. YOU AND FUNTACTIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: October 15, 2008.