Terms of Use

AGREEMENT AND SERVICES

Totaljerkface.com ("Totaljerkface") is owned and operated by Fancy Force, LLC. (together with its Affiliates (as defined below), "Fancy Force"). These Terms of Use govern your use of Totaljerkface, and by using and participating in Totaljerkface, you agree to be bound by these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to Fancy Force, any person or entity which controls, is controlled by, or is under common control with, Fancy Force.

Without limiting the foregoing, your Totaljerkface customer account(s) and participation in Totaljerkface are governed by these Terms of Use. Our Web sites and service offerings are always evolving, so it is important that you periodically check here, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted on Totaljerkface. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in Totaljerkface.

ACCOUNT REGISTRATION

When you create a Totaljerkface account, you will be required to provide a username and password. You must provide truthful and accurate information to us in creating your Totaljerkface Account. Totaljerkface requires all users to be over the age of thirteen (13).

We reserve the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.

You are solely responsible for all activity on your Totaljerkface Account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Fancy Force will not ask you to reveal your password. If you forget your password , you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Fancy Force harmless for any improper or illegal use of any of your Totaljerkface Account(s). This includes illegal or improper use by someone to whom you have given permission to use your Totaljerkface Account(s) or whom you have negligently allowed to access your Totaljerkface Account(s).

ONLINE CONTENT AND CONDUCT

The content on Totaljerkface includes the software, communications, images, text, sounds, and all the material and information you encounter through Totaljerkface. Fancy Force and our independent content providers provide most of the content on Totaljerkface. You bear the risk of the completeness, accuracy or usefulness of any content found on Totaljerkface.

Inappropriate language, images, crude or explicit sexual references, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted on Totaljerkface. Content standards may vary depending on where you are on Totaljerkface and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, or posting to any forums or message boards, on Totaljerkface.

We expressly reserve the right to: (a) monitor any communications on Totaljerkface, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Fancy Force does not endorse, approve, or prescreen any content that you or other users post or communicate on or through Totaljerkface. Fancy Force does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through Totaljerkface. You agree to indemnify Fancy Force from any liability or damages arising out of or resulting from any content you post or communicate on or through Totaljerkface.

Without limiting the generality of these policies and standards, you understand that the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Totaljerkface Account(s) being immediately terminated:

• Posting, transmitting, promoting, or distributing any content that is illegal
• Harassing or threatening any other user of Totaljerkface or employee or contractor of Fancy Force
• Posting personally identifiable information, including full names or email addresses, of any employee or contractor of Fancy Force, without their prior consent
• Impersonating another person, indicating that you are a Fancy Force employee or a representative of Fancy Force (if you are not), or attempting to mislead users by indicating that you represent Fancy Force in any way
• Attempting to obtain a password, other account information, or other private information from any other user of Totaljerkface
• Uploading any software, files or content to Totaljerkface that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data
• Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of content found on Totaljerkface.
• Improperly use any game support functions or complaint buttons, or make false complaint or other reports to Fancy Force staff members.
• Sending data to the Totaljerkface servers from outside of the Totaljerkface site, or by any technique or method other than the graphical user interfaces on the Totaljerkface site
• Posting or communicating any player's real-world personal information within Totaljerkface or by or through Totaljerkface.

Public Nature of Communications

You acknowledge and agree that your communications with other users via online messaging, forums or bulletin boards, or any other similar types of communication on or through Totaljerkface, are public and not private communications, and you have no expectation of privacy concerning your use of or participation in Totaljerkface (other than with respect to the information you provide to us in establishing your Totaljerkface Account(s)). You acknowledge that personal information that you communicate on Totaljerkface may be seen and used by others and may result in unsolicited communications. Fancy Force is not liable for any information that you choose to communicate to other users on or through Totaljerkface, or for the actions of any other users of Totaljerkface.

You represent and warrant that you have all necessary rights in and to any materials that you post on Totaljerkface, and that such materials do not infringe any proprietary or other rights of third parties. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Fancy Force permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through Totaljerkface, you expressly grant Fancy Force the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, and broadcast such content or materials in any form, with or without attribution to you, and without any notice or compensation to you of any kind.

Commercial Activity and Unsolicited E-mail

You may not advertise any goods or services on Totaljerkface, or otherwise exploit your participation on or through Totaljerkface for any commercial purpose.

Fancy Force Software

We may require that you download software from Fancy Force or its licensors onto your computer ("Fancy Force Software"). Fancy Force grants to you a non-exclusive, non-transferable, revocable, limited license to use any of the Fancy Force Software to participate on Totaljerkface. The Fancy Force Software is for your personal use, and may not be resold, sublicensed, or otherwise used by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from any of the Fancy Force Software.

NEITHER FANCY FORCE NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY FANCY FORCE 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, RESULTING FROM ANY USE OF THE FANCY FORCE SOFTWARE, RESIDES WITH YOU.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in Totaljerkface, including any and all customer or other accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.

TERMINATION OF ANY TOTALJERKFACE ACCOUNT

Fancy Force and you each have the right to terminate or cancel any of your Totaljerkface Account(s) at any time for any reason. You understand and agree that cancellation of your Totaljerkface Account(s) is your sole right and remedy with respect to any dispute with Fancy Force. This includes, but is not limited to, any dispute related to, or arising out of or directly or indirectly relating to: (a) any provision contained in these Terms of Use or any other agreement between you and Fancy Force, including, without limitation, the Totaljerkface Privacy Policy, or Fancy Force's enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Totaljerkface Privacy Policy, (b) the content available on or through Totaljerkface, or any change in or to such content, or (c) your ability to access and/or use Totaljerkface.

INTELLECTUAL PROPERTY RIGHTS

The Totaljerkface name and logo, and other graphics, logos, icons, and service names are trademarks, registered trademarks or trade dress of Fancy Force in the United States and/or other countries. Fancy Force's trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Fancy Force, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Fancy Force.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF TOTALJERKFACE, ANY TOTALJERKFACE SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ANY TOTALJERKFACE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TOTALJERKFACE AND FANCY FORCE PROVIDES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS, OR THAT TOTALJERKFACE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TOTALJERKFACE OR FANCY FORCE IS TO STOP USING TOTALJERKFACE, AND TO CANCEL ANY AND ALL OF YOUR TOTALJERKFACE ACCOUNT(S). YOU ACKNOWLEDGE AND AGREE THAT FANCY FORCE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED ON TOTALJERKFACE BY, ANY TOTALJERKFACE USER. IN NO EVENT SHALL FANCY FORCE OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO FANCY FORCE FOR YOUR PARTICIPATION IN TOTALJERKFACE. IN NO CASE SHALL FANCY FORCE OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF TOTALJERKFACE. 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, FANCY FORCE' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Fancy Force and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers (collectively, the "Interested Parties") from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through Totaljerkface. Without limiting your indemnification obligations described herein, Fancy Force reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect.

PRIVACY

Please review our Privacy Policy, which also governs your visit to Totaljerkface, to understand our policies and practices with respect your personal information.

JURISDICTION

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Washington, U.S.A.