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Sponsored Game Terms and Conditions


This agreement ("License Agreement") between You and Big Fun Town consists of these Terms and Conditions. "Game" refers to the game accompanying this license. "You" or "Your" means any individual or entity using the game, and/or any individual or entity acting on its (or their) behalf, which shall also be bound by the terms of this License Agreement.

By downloading or using the Game You agree to be bound by the terms and conditions in this License Agreement. If You do not accept the terms and conditions of this License Agreement You must delete all copies You have of the Game and delete all copies You have of all other files that came with the Game.

Big Fun Town hereby grants You the rights to use the Game on Your website. The Game and all links and copyright notices within the Game must remain intact and un-altered. The Game must appear on Your site in such a way that all links back to the author's site, the sponsor's site, and the high score system work properly. You may not reverse engineer, decompile, modify, translate, or disassemble the Game in whole or in part or create derivative works from the Game in whole or in part. You may not alter, modify, hide, obscure, or change the Game, any parts of the Game, or any content within the boundary of the Game in any way, for any purpose, including but not limited to adding your own text, logos, or links, or removing or obscuring the text, logos, or links in the Game, regardless of whether the .swf file containing the Game is modified, this includes but is not limited to modifying the original .swf file, embedding, accessing, or in any way using the original .swf file in another .swf file, flash file, or any other kind of file, or by layering anything on top of the Game by any means, including but not limited to html, css, javascript, or flash. The Game cannot be used on sites that contain adult, gambling, warez, defamatory or otherwise abusive content, illegal content, or sites that link to any of the aforementioned content. The Game must be provided for free. You may not charge any fees for use of the Game. You may not resell the Game in any fashion or any form. You may not claim or imply ownership or authorship of the Game.

Violation of these terms and conditions shall result in immediate termination of Your rights to use the Game upon which You must immediately cease any use of the Game. Big Fun Town also reserves the right to terminate Your rights to use the Game at any time for any reason they deem fit upon which You must immediately cease any use of the Game.

You agree to indemnify, defend and hold Big Fun Town, its owners, officers, employees, directors, shareholders, agents, affiliates, subsidiaries, partners, and applicable third parties including but not limited to advertisers, consultants, and contractors (collectively "Indemnified Person(s)") harmless from and against any and all claims, liability, actions, loss, demands, judgements, settlements, damages, expenses, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Game, and/or Your breach of any term of this License Agreement.

Any use of the Game is at Your own risk. Big Fun Town and the Indemnified Person(s) makes no warranty, express or implied, including but not limited to the warranties or conditions of non-infringement, merchantability, or fitness for any particular purpose.

Under no circumstances, including without limitation, negligence, shall Big Fun Town or any of the Indemnified Person(s) be liable for any exemplary, indirect, incidental, special, punitive or consequential damages or lost profits whatsoever arising from this License Agreement, the Game, the documentation, or any promotional images, even if such parties have been advised of the possibility of those damages.

The entire liability of Big Fun Town and the Indemnified Person(s) and Your exclusive remedy under this License Agreement shall not exceed the original purchase price of the Game, which was free.

The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this License Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

This License Agreement embodies the entire agreement between the parties and there have been and are no agreements, representations, or warranties between the parties other than those provided expressly herein. This License Agreement shall not be changed or modified in whole or in part, except by a written agreement signed by the parties hereto.

This License Agreement shall be governed by the rules of New Zealand. Any dispute, claim, or controversy shall be brought exclusively in the courts of Wellington, New Zealand.