Agreements and Terms

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Strategic Design Network, Inc., referred to herein as SDN (”SDN”), is composed of the Strategic Design Network, Inc. Website, www.DrivingGameToyz.com, and any other Website, product, or service owned or operated by Strategic Design Network, Inc. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers games, activities, and services including, but not limited to, game downloads, online games, tournaments or contests, affiliate programs, game review writing, newsletter tools, other assorted affiliate and social networking services, and general game content browsing.

Strategic Design Network, Inc. and its subsidiaries and affiliates own these sites and services. Your use of SDN is subject at all times to our Terms of Service, Privacy Policy and where applicable, an End User License Agreement. Your account(s) with the company and all of the company’s games, activities, and other services, regardless of when they are added to DrivingGameToyz.com, are governed by these Terms of Service. Our Website 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 the Terms of Service, you are hereby on notice that such revision will take effect immediately upon being posted on the Website. Each time you use or take part in any offering from the company, you agree to review the Terms of Service to become aware of such revisions. As with our Privacy Policy, if you do not agree to any of the Terms stated herein, you should discontinue using or participating in any of the company’s Websites, products, and services.

VIOLATION

If you violate our Terms of Service, SDN may issue you a warning regarding the violation, or, in SDN’s sole discretion, immediately terminate any and all Accounts that you have established with the company. You acknowledge that SDN is not required to provide you notice before terminating your account. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.

THESE TERMS IN CONJUNCTION WITH OTHER OFFERS

The Terms of Service and any posted rules or instructions regarding a particular game, activity, affiliation service, tournament or contest constitutes the entire agreement between you and SDN regarding your rights and obligations in your use of any SDN property. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a SDN property, the company will resolve the conflict within its sole discretion.

ACCOUNT REGISTRATION

Accounts (”Account” or “Accounts”) as used herein is defined as the account that results from registering for any service with SDN. When you complete a registration process, you create an Account and you become a Member (”Member”). Your Account allows you to participate in specific services on SDN. To create an account, you must enter an email, username and password. Your email and/or username is your SDN identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts. SDN requires all users to be over the age of 13.

SDN reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company’s discretion.

You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. SDN 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 email address. You agree to indemnify and hold SDN harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join SDN again without our express permission.

Fees Charged By Third-Party Sites And Vendors

We may provide links to other Websites. Some of these Websites may charge separate fees. SDN may also provide access to third-party vendors, who provide content, goods and or services on SDN or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your sole responsibility.

ONLINE CONTENT

“Content” is defined herein as the software, communications, images, sounds, and all the material and information you encounter through SDN. SDN, our Members, our affiliates, and our independent content providers provide most of the Content on SDN. SDN does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on SDN.

Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for SDN. Content standards may vary depending on where you are on SDN, the type of game you are playing and the expectations of the community. Some game play may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct.

SDN representatives may monitor your communications on SDN. But we cannot monitor all of the Content on SDN, and we do not attempt to do so. If you encounter something you don’t want to see, you can report it to the game support or complaint email address for the area in which the incident occurred. SDN does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. SDN does not assume any responsibility or liability for Content that is generated by Members or other guests on SDN. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. SDN does not assume any liability for any failure to remove, or any delay in removing Content.

ONLINE CONDUCT

Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on SDN. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of SDN and cooperate with law enforcement for illegal behavior.

You agree that you will be personally responsible for your use of SDN and for all of your communication and activity in using the Service, including any Content you contribute, and that you will indemnify and hold harmless SDN, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on SDN, including any Content that you contribute.

You will violate the Terms of Service if you (or others using your account) do any of the following:

• Post, transmit, promote, or distribute Content that is illegal.
• Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: do not say bad things about them, do not send them unwanted messages, do not attack their race, gender, sexual orientation, religion, heritage, disability, etc. If you disagree with someone, respond to the subject, not the person.
• Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
• Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
• Impersonate another person (including celebrities); indicate that you are a SDN employee or a representative of SDN, or attempt to mislead users by indicating that you represent SDN or any of SDN’S partners or affiliates.
• Attempt to get a password, other account information, or other private information from a Member or any other user on SDN. Remember: SDN employees will NEVER ask for your password. Do not give your password, reminder words, or billing information out to anyone.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
• Upload files 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 our Service.
• Improperly use in game support or complaint buttons or make false reports to SDN staff members.
• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
• You may not modify any part of the Service or any Service Website that SDN does not specifically authorize you to modify.
• You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on the Service. We will cooperate with law enforcement in such matters.
• You may not post or communicate any player’s real-world personal information within the Service or through any Service Website or any Service bulletin board.
• You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
• You will not exploit any bug in the Service or in any SDN product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.
• You will not do anything that interferes with the ability of other Service users to enjoy playing a SDN game and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of SDN in maintaining the Service for the enjoyment of all its users.

If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them.

SDN does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your SDN game. This includes the exchange of points or virtual items on services including eBay^TM or Yahoo!^TM Auctions. We don’t assume any responsibility for, and do not support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES!

THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, SDN MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT SDN MAY HAVE MADE.

Public Nature of Communications

You acknowledge and agree that your communications with other users on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. SDN is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users.

By communicating within the Service, i.e. by submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant SDN permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Once you post or send any Content to SDN, you expressly grant SDN the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in SDN’S discretion, and without any notice or compensation to you of any kind.

By submitting a Posting, you agree to defend, indemnify and hold SDN, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.

Use of Machines, Computers, Scripts

The use of machines, computers, scripts or any automated system on SDN is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play SDN games with one type, version or copy of browsing software application at any one time. SDN may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by SDN are final.

Proprietary Rights; Copyrights and Trademarks

Much of the Content available on SDN is owned by SDN or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from SDN unless we have expressly authorized you to do so in writing.

You must have the legal right to upload any Content to SDN before you do so in writing. You will not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on SDN, unless SDN expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on SDN can lead to the termination of your SDN account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on SDN, you agree to indemnify and hold harmless SDN and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

User’s Computer Information

When you connect to SDN, we may retrieve information from the computer used to log onto the Service about the computer’s hardware system and any data related to the computer’s operation of SDN Software. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.

Links to Third-Party Sites

SDN may include hyperlinks to Websites operated by parties other than SDN including advertisers and other content providers. Those sites may collect data or solicit personal information from you. SDN does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

Additional Terms and Conditions for Specific Games

When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, SDN will be the final and sole arbiter of any such inconsistencies.

TERMINATION OF ANY SDN ACCOUNT

SDN and you both have the right to terminate or cancel any Account at any time for any reason. You understand and agree that the cancellation of your account or a particular Account is your sole right and remedy with respect to any dispute with SDN. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or SDN’S enforcement or application of this Agreement; (2) the Content available through SDN or any change in Content provided through SDN; (3) your ability to access and/or use SDN.

You are responsible for any charges incurred to third-party vendors before your cancellation. In the event that your account or a particular subscription is terminated or cancelled no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything within SDN associated with it (such as points, tokens or in-game items). Active SDN account holders may not allow former account holders whose account has been terminated by SDN to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with SDN must be settled before SDN may allow you to register again.

NEWSLETTERS

When you create a customer account with SDN, you will automatically be registered to receive one or more of our newsletters, even if you previously opted out of receiving newsletters at the time you downloaded any game for free trial play. At any time, you may opt-out of receiving these newsletters by selecting the “unsubscribe” link at the bottom of any newsletter or by contacting us at the address indicated in the newsletter

LIMITATIONS ON WARRANTY AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF SDN, SDN SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. SDN, SDN SOFTWARE, SDN’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS 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. SDN PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SDN WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SDN OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT SDN, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF SDN SOFTWARE. IN NO CASE SHALL SDN OR ITS SUBSIDIARIES’, LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “SDN AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SDN FOR THE SERVICE. IN NO CASE SHALL SDN OR SDN AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SDN, SDN SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH SDN. 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, SDN’S AND SDN AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. SDN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH SDN AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION

Upon request by SDN, you agree to defend, indemnify and hold harmless SDN and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on SDN. SDN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to SDN in that matter. This Section shall survive termination of this Agreement.

OTHER LEGAL TERMS

You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the SDN Terms of Service and the SDN Privacy Policy and the End User License Agreement(s) and subsequent SDN’S enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is 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. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

JURISDICTION

The laws of the State of Texas, excluding its conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and Memberships. You expressly agree that exclusive jurisdiction for any claim or dispute with SDN or relating in any way to your Accounts, the Services and Memberships or your use of SDN resides in the courts of Texas, county of Williamson and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Texas in connection with any such dispute including any claim involving SDN or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

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