TERMS OF USE

Access to and use of this Site is provided subject to these Terms of Use.

Please read this Terms of Use agreement before accessing our website as use of this site constitutes acceptance of these terms and conditions.

This Site is owned by Koodos LLC, and being run in conjunction with WSPA.

We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on this Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service
We are an entertainment site that provides online games, ecards and other forms of creative content. Registered users that meet our eligibility requirements will have the opportunity to participate in our games and other content and accrue points which are called Koodos. Koodos have absolutely no cash or monetary value and are non-transferable. Koodos may be used as a form of entry into daily, weekly, monthly and/or grand prize sweepstakes. Sweepstakes rules are available on our contest page or by emailing rules@koodosgames.com. Occasionally, Koodos may be used for other offers such as a free download of a game or offers from participating third party sponsors. We reserve the right to make changes to the Site or discontinue the Site at any time.

Registration
If you elect to register to use our Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration, provided that in connection with the registration, you do not need to, and should not, use your full or true name for your username. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. We may deny you access to the Site or terminate your account in the event that your information is untrue, inaccurate or incomplete.

Eligibility
There is no financial cost to enjoy the games and other content on our Site. To participate in our point accrual, sweepstakes and giveaways, you certify that you are an individual, that you are 13 years of age or older. Employees or agents of Koodos, WSPA , and each of their immediate family members are not eligible to win prizes or participate in Sweepstakes.

Koodos Sweepstakes
During your experience on our Site, you will be given numerous opportunities to accrue Koodos. Koodos are a fictional currency that possesses no cash or monetary value. Koodos are non-transferable and may not be purchased under any circumstances. You may earn your Koodos by simply playing games, reaching different scores on games, sending games to friends, clicking on sponsors links, printing coupons, sending ecards and other methods that will be added and subtracted. After accruing Koodos, you may use them to enter various sweepstakes and giveaways that will be offered and changed on a continuous basis. Giveaways may be grouped on a national, regional or local basis. Please be sure to read the applicable contest rules before entering any giveaway. We reserve the right to substitute a prize of equal or greater value based upon availability. If any taxes are due on a giveaway that you have won, you are solely responsible for their payment. Prizes are specified within individual contest rules. Prizes are non-transferable and non-exchangeable. No substitution or cash equivalent will be made. Please refer to individual contest rules for the means of delivery or pick-up process for prizes.

Privacy Policy
Your privacy is extremely important to us. Please read our Privacy Policy for details.

No Warranty
Your use of this Site is at your own sole risk. In providing this Site, we agree to exercise reasonable skill and care. However, as with any other web pages and services provided over the internet, there may be times when the Service is interrupted and/or contains errors.

Account Security
You may become a member of our service without paying any money, giving us any debit, credit or charge card information. After successfully completing the registration process, you will receive a password and account. It is your responsibility to maintain the confidentiality of your password and account. You agree that all content or instructions transmitted by or received by anyone presenting your password on the site will be deemed binding on you. If you suspect that someone may have obtained access to your password that is not intended to have authority to act on your behalf, you must contact us immediately. We are not responsible for any damage, loss or liability from failure to comply with any of these conditions. All points accrued will be forfeited upon termination of your account by either party.

Reservation of Rights
We reserve the right to change and/or temporarily or permanently discontinue our Site at our sole discretion for any reason. The value of the Koodos required in any of our sweepstakes and giveaways, as well as the actual sweepstake or giveaway, may be changed or cancelled at any time and under any condition at our sole discretion.

Fraud
Accruing Koodos in any way not directly listed on the site will be considered fraud and you may be subjected to the removal of Koodos from your account or the total termination of your account. The use of botnets or the sharing of account passwords to multiple persons is not permitted. This Site is intended for natural persons only.

Intellectual Property
You acknowledge that all content and materials available at the Site are owned or controlled by us and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws.  You may only use the Site and the Content as expressly permitted herein and for no other purpose.  You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, without limitation, any copyright or trademark notices.  Except as authorized by us in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content.  The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.  Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without permission.

Violation of the Terms
Your right to access and use the Site immediately terminates without further notice upon your breach of the Terms and Use. We may terminate this Agreement and your right to access and use the Site at any time, with or without cause. You may terminate this Agreement at any time by providing Koodos with written notice of your termination and ceasing to use or access the Site.

Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Koodos, LLC with all rights reserved or third parties protected by intellectual property rights.  Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Koodos is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Koodos.

All other trademarks displayed on our Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with WSPA or Koodos.

Indemnity
You agree to defend, indemnify and hold harmless us, our parent corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right;, or (iv) any claim that you have caused damages to any third parties. This defense and indemnification obligation will survive these Terms of Use and your use of this website.

Exclusion of Damages
UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE SITE, WSPA, OR KOODOS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE SITE, WSPA, KOODOS OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER THE SITE, WSPA OR KOODOS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction. Under no circumstances shall WSPA or Koodos be responsible for your attorney’s fees.

General Information
These Terms of Use and the relationship between you and us shall be governed by and construed in accordance with the laws of the state of Indiana without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any term or other provision of these Terms of Use is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions will nevertheless remain in full force and effect. We are not responsible for delay or failure to perform due to causes beyond our reasonable control.