The following rules govern the use by you of TheBeamer games. BY PLAYING THE GAMES, OR ALLOWING YOUR CHILD TO PLAY THE GAMES, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES, AS MAY BE MODIFIED. These rules may be modified by TheBeamer from time to time.
You may not use a username or password that TheBeamer, in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify TheBeamer of any known or suspected unauthorized use of your user name or password, or any known or suspected breach of security. If you allow others to use your user name and/or password, TheBeamer may pursue any and all claims against any user of your account.
You shall not post, transmit or make available in any way through the games any software or other materials which contain a computer virus or other damaging programming. TheBeamer has no obligation to detect the presence of any such programming that may infect or damage your computer. You should always take adequate precautions to minimize any loss to your system, including use of anti-virus programs and proper backup of files.
TheBeamer games allow users to communicate directly with other players, but players must be personally known to each other prior to game communication. In connection with playing the games, and communicating with other players, you are cautioned that any online communications may not be fully confidential. When playing and communicating with other players, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, disparagement, harassment, invasion of privacy, tort, obscenity, indecency, patent, copyright or trademark infringement. The games include intellectual property that is protected under patent, copyright, trademark and other intellectual property laws. These laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text and images, music, sound samplings and other protected materials. The violation of these laws may give rise to civil and/or criminal penalties.
ALL GAMES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THEBEAMER LLC DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE GAMES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THEBEAMER LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO PLAY GAMES INCLUDING WITHOUT LIMITATION INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION,NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS OR ANY OTHER FAILURE OF PERFORMANCE.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST THEBEAMER ARISING FROM OR IN CONNECTION WITH YOUR USE OF GAMES OR OTHER SERVICES OF THEBEAMER LLC. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, THEBEAMER LLC, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE GAMES OR OTHER SERVICES PROVIDED BY THEBEAMER LLC OR FAILURE TO ABIDE BY APPLICABLE LAW.