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ACCEPTANCE OF TERMS, REVISIONS |
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By using this Web site you are indicating your agreement to these Terms of Use ("Terms").
If you do not agree to these Terms, please do not use the site and exit now.
We may revise these Terms at any time without prior notice by updating this page
and such revisions will be effective upon posting to this page. Please check this
page periodically for any changes. Your continued use of this Web site following
the posting of any revisions to these Terms will mean you accept those changes.
We reserve the right to alter, suspend or discontinue any aspect of www.wildnoodle.com,
including your access to it. Unless explicitly stated, any new features will be
subject to these terms and conditions.
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PRIVACY |
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Wild Noodle will use reasonable commercial efforts to ensure that the information
you submit to us remains private. However, you should understand that "perfect security"
does not exist on the Internet. The information that you submit to us is used only
for the purposes as set forth herein, as required by law, or when we believe in
good faith that disclosure is legally required to protect our rights. We will not
use your personal information for any other purpose other than as set out here without
first obtaining your permission.
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Information About All Wild Noodle Visitors |
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We gather information about all of our users collectively, including (a) what area
users visit most frequently, (b) their Internet domain and their computer's IP address,
(c) the type of browser and operating system they use and (d) if the user linked
to our Web site from another Web site, the address of that other Web site. This
information does not in any way personally identify a user; we only use this data
anonymously and in the aggregate. We use this information to analyze trends and
statistics to help us improve our services, plan site enhancements and measure overall
site effectiveness. From time to time we may reveal general, anonymous, aggregated
statistical information about our site, services and users, such as the number of
visits and users and what site features they use.
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Information About You Specifically |
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If you choose to register as a member in order to participate in Wild Noodle contests,
you may provide us with additional information about yourself, including name and
address. If you are a winner, we will also request your date of birth. In addition,
if you are a U.S. person (including U.S resident aliens), we will request your social
security number (or taxpayer identification number) on IRS form W-9. If you are
a winner, and you are not a U.S person, we will request a Certificate of Foreign
Status of Beneficial Owner for United States Tax Withholding on IRS form W-8BEN.
We use this information to verify your eligibility to participate in specific contests,
and to contact you and properly notify the IRS should you be a winner. From time
to time, we may use the contact information to alert members of new competitions
and communicate news, events and reminders. If you do not want to be alerted of
any of these items, do not check the "Contest Notification" box on the registration
form or at any time thereafter you can send us an
email asking to be removed from this notification listing. During competition,
users participating will be shown and identified only by their screen names.
Only Wild Noodle sponsors and subscribing employers will have access to view your
demographic information, educational and work experience, and contact information.
Wild Noodle sponsors may contact you proactively based upon your skills, experience
and Wild Noodle success. Wild Noodle may decide to utilize a process through which
Wild Noodle members may choose to review online inquiries from interested Wild Noodle
sponsors or subscribing companies before being contacted by those companies.
The personal information you provide must be accurate and complete and all registration
details (where applicable) must contain your real name, address and other requested
details. You are solely responsible for your personal information and we may take
any action with respect to your personal information we deem necessary or appropriate
if we believe it may cause us to suffer any loss, liability or commercial damage.
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Cookies |
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To enhance your experience at Wild Noodle, we may use a feature on your Internet
browser called a "cookie". As you may already know, cookies are small files that
your Web browser places on your computer's hard drive. We use cookies for remembering
user names and passwords and preferences, tracking click streams, and for load balancing.
Because of our use of cookies, we can deliver faster service, consistent, updated
results, and a more personalized site experience. You have the option of setting
your browser to reject cookies. However, doing this may hinder performance and negatively
impact your experience on our site.
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Feedback |
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Wild Noodle may ask you for feedback and comments about the site or the contests
and we encourage your participation. Any feedback that is submitted becomes the
property of Wild Noodle. We may use this feedback, such as success stories, for
marketing purposes, or to contact you for further feedback on the site.
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Links to Other Sites
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We may provide links to other Web sites that we believe can offer you useful information.
However, we are not responsible for the privacy policies of other Web sites, including
those sites on which our logo or other information supplied by us appears. We suggest
that you access these sites' online policies regarding their data collection.
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Privacy Commitment Changes
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If we decide to change our privacy commitment for Wild Noodle, we will post those
changes here so that you will always know what information we gather, how we might
use that information, and whether we will disclose it to anyone. In the event that
we make any significant changes to our Privacy Statement, we will also provide you
with the opportunity to consent to different uses of your personal information.
If, at any time, you have questions or concerns about Wild Noodle's privacy commitment,
please feel free to
email us.
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PROVISIONS APPLICABLE TO CHINESE CITIZENS AND EXPATRIATES RESIDING IN CHINA
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Wild Noodle hereby incorporates into these Terms of Use and Privacy Policy the provisions
of China's Decision on Safeguarding the Security of the Internet.
According to Section 1 of Decision on Safeguarding the Security of the Internet,
"to ensure operational security of the Internet, the person or organization perpetrating
any of the following acts in violation of the criminal law shall be penalized according
to the criminal code:
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- Unauthorized penetration into the computer and information system of the state affair,
national defense or high-tech departments of the state;
- Intentional composition or dissemination of computer virus or other destructive
programs, or attacking the computer system or telecommunication network and resulting
in damage or destruction of such computer systems or telecommunication network;
- Unauthorized disruption of operation of the computer network or telecommunication
service and resulting in malfunction of such network or telecommunication systems
in violation of the laws or regulations of the state."
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According to Section 2 of Decision on Safeguarding the Security of the Internet
(the "Decision"), "to protect national security and social stability, the person
or organization perpetrating any of the following acts in violation of the criminal
law shall be penalized according to the criminal code:
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- Disseminating rumor or slander on the Internet, or publishing or diffusing maleficent
information to instigate subversion of the state power or socialist system, advocate
abruption of the country or harm unity of the country;
- Stealing or disclosing the national or military secrets on the Internet;
- Instigating inter-ethnic enmity or prejudice, or disrupting ethnic unity on the
Internet; and
- Establishing or organizing heresies on the Internet and impeding the implementation
of laws and regulations of the state."
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Section 3 of the Decision also stipulates that "to safeguard the order of the socialist
market economy and social stability, the person or organization perpetrating any
of the following acts in violation of the criminal law shall be penalized according
to the criminal code:
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- Selling fake or shoddy goods on the Internet or making false or misleading propaganda
of commodities on the Internet;
- Hurting others' commercial fame or reputation of products on the Internet;
- Infringing upon others' intellectual property rights on the Internet;
- Compiling and distributing false information on the Internet to affect securities
or futures transactions or disrupt order of the financial markets; and
- Establishing pornographic web sites or web pages, providing links to pornographic
web sites, or disseminating pornographic magazines, films, audio and videos materials
or graphics on the Internet."
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Section 4 of the Decision stipulates that "to protect the legal rights of personal
safety and property of individuals, legal persons and other organizations, the person
or organization perpetrating any of the following acts in violation of the criminal
law shall be penalized according to the criminal code:
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- Insulting others or drawing up slanders against others on the Internet;
- Illegally intercepting, modifying or deleting others' emails or other database materials
and infringing rights of the citizen of freedom and secrets in communicating and
letter transmitting; and
- Perpetrating theft, fraud, or blackmailing on the Internet."
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COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY |
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Protection |
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Except as otherwise indicated, this Web site and its entire contents (including,
but not limited to, the text, information, software, graphics, images, sound, and
animation are owned by us and are protected by domestic and international copyright,
trademark, patent, and other intellectual property laws. All copyrightable text
and graphics, the selection, arrangement, and presentation of all materials (including
information in the public domain), and the overall design of this Web site are ©2007
Wild Noodle. All rights reserved. Permission is granted to download and print materials
from this Web site for the sole purposes of viewing, reading, and retaining for
reference. Any other copying, distribution, retransmission, or modification of information
or materials on this Web site, whether in electronic or other form, without our
express prior written permission is strictly prohibited.
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Notice |
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All trademarks, service marks, and trade names are proprietary to us or other respective
owners that have granted us the right and license to use their marks.
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Copyright Complaints |
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We respect the intellectual property of others, and we ask you to do the same. We
may, in appropriate circumstances and at our sole discretion, terminate the access
of users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible at our Web site
in a way that constitutes copyright infringement, or that our Web site contains
links or other references to another online location that contains material or activity
that infringes your copyright rights, you may notify us by providing our copyright
agent the information required by the U.S. Online Copyright Infringement Liability
Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 Our
agent for notice of claims of copyright infringement on or regarding this Web site
can be reached as follows:
BY EMAIL: Click here
contact us.
BY MAIL: Brian Conte c/o Wild Noodle, Inc. 1615 Sunset Ave SW, Seattle, WA 98116
BY PHONE: 206.935.1100
Repeat infringers will be blocked from accessing the Wild Noodle web site.
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INDEMNIFICATION AND RELEASE |
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By accessing our Web site, you agree to indemnify us and any parent, subsidiary
or affiliated entities, our officers and employees, and officers and employees of
any parent, subsidiary or affiliated entities and hold them harmless from any and
all claims and expenses, including attorney's fees, arising from your use of our
Web site including any material (including third party material) that you post on
our Web site and any services or products available through our Web site. In addition,
you hereby release us and any parent, subsidiary or affiliated entities, our officers
and employees, and officers and employees of any parent, subsidiary or affiliated
entities from any and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever, whether known
or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have
against them arising out of or in any way related to such disputes and/or to any
services or products available at our Web site. You hereby agree to waive all laws
that may limit the efficacy of such releases.
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DISCLAIMER |
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THE MATERIALS AND SERVICES ON OUR WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE
OR THE SERVER(S) THAT MAKES OUR WEB SITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED
SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S),
ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT
THAT SUCH ERRORS, DEFECTS OR INTERRUPTIONS IN SERVICE WILL NOT AFFECT THE RESULTS
OF OUR COMPETITIONS, AND WE DISCLAIM ANY RESPONSIBILITY FOR REDUCED PERFORMANCE
IN COMPETITIONS DUE TO SUCH PROBLEMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF OUR WEB SITE WITH RESPECT TO CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Documents, graphics and other materials appearing at our Web site may include technical
inaccuracies, typographical errors, and out-of-date information and use of such
documents, graphics or other materials is at your own risk.
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LIMITATION OF LIABILITY |
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TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Wild Noodle SHALL
NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF WINNINGS, DATA OR OTHER DAMAGE TO ANY OTHER INTANGIBLE PROPERTY, EVEN
IF Wild Noodle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM
(i) THE USE OR INABILITY TO USE THIS WEB SITE, (ii) THE DISCLOSURE OF, UNAUTHORIZED
ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, (iii) THE STATEMENTS OR CONDUCT
OF ANY THIRD PARTY OR (iv) ANY OTHER MATTER RELATING TO Wild Noodle.
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LINKS TO OTHER WEB SITES AND SERVICES |
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To the extent that our Web site contains links to other Web sites and outside services
and resources, we do not control the availability and content of those Web sites,
services or resources, nor do we necessarily review or endorse materials available
at or through such other Web sites. Viewing other Web sites or utilizing outside
services and resources is done at your own risk. We shall not be liable for any
loss or damage caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such
site or resource.
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MATERIALS POSTED BY VISITORS |
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You hereby assign all rights to ownership in any materials posted, uploaded or otherwise
sent to our Web site by you to Wild Noodle, including any level designs you create
and submit n the site. By posting, uploading or otherwise sending any material to
us or our Web site, you grant (or warrant that the owner of such rights has expressly
granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license
to use, reproduce and publish such code into any form, medium or technology. You
waive any and all moral rights, including, without limitation, any rights arising
under Chapter 7 of the Copyright and Related Rights Act 2000 applicable to European
Union residents, and all rights of a similar nature in any jurisdiction in any material,
including source code, which you post, upload or otherwise send to Wild Noodle or
its website, such waivers being in favor of Wild Noodle.
You are allowed to register only once and you must provide true and accurate registration
information. You are prohibited from misrepresenting your registration information
or tampering with the registration process.
You are also prohibited from posting or otherwise uploading to our Web site: any
material that infringes on any copyright, trademark or other proprietary rights
of another (including publicity and privacy rights); material that is obscene, offensive,
libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise
objectionable, that would constitute or encourage a criminal offense, or that would
otherwise give rise to liability or violates any law. You also represent that you
have all necessary rights to use any material that you post or otherwise upload
to our Web site.
You are further forbidden from distributing or otherwise publishing any material
on our Web site that contains any solicitation of funds, promotion, employment,
advertising, or solicitation for goods or services; sending unsolicited commercial
email and other advertising, promotional materials or other forms of solicitation
to other users of this site; harvesting names and email addresses from other users
of this site without their permission; soliciting passwords from other users; impersonating
other users; or sending viruses or other destructive or expropriating content.
While we do not routinely review the contents of material posted or uploaded to
our Web site, we nevertheless reserve the right to remove any postings or other
uploaded materials in response to complaints of infringement, obscenity or defamation
or to otherwise review or edit such materials as appropriate, in our sole discretion
and without notice.
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OTHER RESTRICTIONS ON CONDUCT |
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You agree not to disrupt, modify or interfere with the functioning of our Web site
or any services provided on or through our Web site or with any associated software,
hardware or servers in any way and you agree not to impede or interfere with others'
use of our Web site. This includes your agreement that you will not cheat; that
the idea for the code and/or challenge(s) submitted by you is yours alone. This
also includes your agreement that you will not provide your Wild Noodle information
including, but not limited to, your Wild Noodle handle and rating, to any third
party for the purpose of pursuing employment opportunities without the written consent
of Wild Noodle. If you are contacted by a third-party regarding employment opportunities
and/or media interest as a result in your participation in Wild Noodle competitions,
you agree to promptly notify Wild Noodle of such contact. You also agree not to
alter or tamper with any information or materials on, or associated with our Web
site or services provided on or through our Web site.
We do not necessarily endorse, support, sanction, encourage, verify or agree with
the comments, opinions, or other statements made public at our Web site by users
through our competition or Round Tables or other interactive services available
at our Web site. Any information or material sent by users to such forums, including
advice and opinions, represents the views and is the responsibility of those users
and does not necessarily represent our views.
You agree that no impediment exists to you joining the Wild Noodle website, and
your participation in Wild Noodle's website and the competitions it offers will
not interfere with your performance of any other agreement or obligation which has
been or will be made with any third party.
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CHOICE OF LAW AND FORUM |
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This agreement is governed by the laws of the state of Washington. You hereby agree
to submit to the exclusive jurisdiction of the courts of the state of Washington.
To the extent that applicable laws have mandatory application to this agreement
or give you the right to bring action in any other courts, the above limitations
may not apply to you. Use of this Web site is unauthorized in any jurisdiction that
does not give full effect to all provisions of these Terms.
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SEVERABILITY AND ENFORCEABILITY |
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If any provision or portion of these Terms is held illegal, invalid, or unenforceable,
in whole or in part, it shall be modified to the minimum extent necessary to correct
any deficiencies or replaced with a provision which is as close as is legally permissible
to the provision found invalid or unenforceable and shall not affect the legality,
validity or enforceability of any other provisions or portions of these Terms.
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TERMINATION/EXCLUSION |
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We reserve the right, in our sole discretion, to revoke any and all privileges associated
with accessing and/or competing on our web site, and to take any other action we
deem appropriate including but not limited to terminating or suspending your use
of www.wildnoodle.com, for no reason or any reason whatsoever, including improper
use of this site or failure to comply with these Terms.
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GENERAL |
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We may assign, novate or subcontract any or all of our rights and obligations under
these terms and conditions at any time.
If you have any questions regarding these Terms,
contact us.
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