Warp World, LLC - Terms of Service (Modified 6/7/2016)

Introduction and Your Agreement to these Terms of Service

YOU SHOULD READ THESE TERMS OF SERVICE CAREFULLY, ESPECIALLY THE MANDATORY ARBITRATION PROVISION (APPLICABLE TO EVERYONE EXCEPT THOSE RESIDENT IN THE EUROPEAN UNION), AS THIS REQUIRES THAT ALL DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

The following Terms of Service is a legal contract between you, an individual user of at least 13 years of age (see section about minors using Makers of Mario) or a single entity (“you”), and Warp World, LLC (“Warp World”) regarding your use of the “Makers of Mario Service”, defined as the race management platform and all related services available at http://www.makersofmario.com.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE MAKERS OF MARIO SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE MAKERS OF MARIO SERVICE OR, IF YOU ARE A CONSUMER RESIDENT IN THE EUROPEAN UNION, CONTACT US AT legal@warp.world TO DISCUSS ANY CONCERNS YOU MAY HAVE REGARDING THESE TERMS OF SERVICE.

IF YOU ARE USING OR OPENING AN ACCOUNT WITH WARP WORLD ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

Use by Minors and Blocked Persons

The Makers of Mario Service is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Makers of Mario Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE MAKERS OF MARIO SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE MAKERS OF MARIO SERVICE.

The Makers of Mario Service is also not available to any users previously suspended or removed from the Makers of Mario Service by Warp World (see the section titled Termination below for more about suspension or removal).

Privacy Policy

Your privacy is important to Warp World. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information.

License

The Makers of Mario Service is owned and operated by Warp World. Unless otherwise indicated, all Content and other materials on the Makers of Mario Services, including, without limitation, Warp World's logos, the Makers of Mario logo, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the Makers of Mario Service are the proprietary property of Warp World or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Warp World or its affiliates and/or third-party licensors. Warp World reserves all rights not expressly granted in these Terms of Service.

Unless otherwise expressly stated in writing by Warp World, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Makers of Mario Service for your personal or internal business use only.

This license is subject to these Terms of Service and does not include any of the following: (a) any resale or commercial use of the Makers of Mario Service or the Materials; (b) the distribution, public performance or public display of any Materials (except for Broadcaster Content by the Broadcaster posting the Broadcaster Content – this is all explained further below); (c) modifying or otherwise making any derivative uses of the Makers of Mario Service or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Makers of Mario Service, the Materials or any information contained in them, except as expressly permitted on the Makers of Mario Service; or (f) any use of the Makers of Mario Service or the Materials except for their intended purposes. Any use of the Makers of Mario Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Warp World, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. This license can be terminated (see the section titled Termination).

Individual Features and Services

When using the Makers of Mario Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the " Guidelines "). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e. they are made part of these Terms of Service).

Modification of these Terms of Service

Warp World reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time (for example to reflect updates to the Makers of Mario Service or to reflect changes in the law). If Warp World changes these Terms of Service, we will provide you notice of these changes, such as by sending an email, posting a notice on the Makers of Mario Service or updating the "Last Updated" date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the Makers of Mario Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Service, the amended terms will automatically be effective thirty days after they are initially posted on the Makers of Mario Service unless you contact us to discuss any questions or comments during that time period. We will always make a reasonable effort to notify you if we do change these Terms of Service.

Compliance with the U.S. Digital Millennium Copyright Act

We respect intellectual property owner rights and will promptly respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If you believe that anything in the Makers of Mario Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designed Agent as set forth below.

Name of Designated Agent: WARP WORLD, LLC.

Address of Designated Agent:

c/o LegalZoom.com, Inc.

101 N. Brand Blvd, 11th Floor

Glendale, CA 91203

E-mail Address of Designated Agent: dmca@warp.world

You must follow the requirements of a proper notification as provided for by 17 U.S.C. §512(c)(3).

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in researching, removing, or disabling access to the material or activity claimed to be infringing.

Compliance with Other Intellectual Property Laws in the EU and the Rest of the World

If you believe that your copyright or other intellectual property rights have been infringed and they are not subject to US law and jurisdiction (for example, if you consider the infringement is subject to the E-Commerce Directive of the European Union), then we invite you to contact us using the procedure discussed in the previous section regarding Compliance with the U.S. Digital Millennium Copyright Act to the extent relevant to the situation. Please understand that if the user that you allege has violated your intellectual property rights is a citizen of the United States or otherwise subject to the laws of the United States, you must follow the entire U.S. Digital Millennium Copyright Act procedure. You can contact dmca@warp.world if you wish to discuss this further with us.

Repeat Infringer Policy

In accordance with the DMCA and other applicable laws around the world, Warp World has adopted a policy that it will promptly terminate without notice any user's access to the Makers of Mario Service if that user is determined by Warp World to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Warp World of infringing activity violations more than twice and/or who has had their user-submitted content removed from the Makers of Mario Service more than twice. Warp World may also at our sole discretion limit access to the Makers of Mario Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, Warp World accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Trademarks

Warp World, Makers of Mario, the Warp World logos, the Makers of Mario logos, and any other product or service name or slogan contained in the Makers of Mario Service are trademarks of Warp World or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Warp World or the applicable trademark holder. Any authorized use of Warp World’s trademarks must be in accordance with any guidelines that Warp World may provide you from time to time.

You may not use any metatags or any other hidden text utilizing "Warp World" or any other name, trademark or product or service name of Warp World without our prior written permission. In addition, the look and feel of the Makers of Mario Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Warp World and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Makers of Mario Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

Warp World provides an independent service and is not endorsed, nor endorses any third party trademarks that may be used as part of providing the Makers of Mario Service for the sole purpose of aiding users to connect with the Super Mario Maker game. For example, Super Mario Bros., Super Mario Bros. 3, Super Mario World, New Super Mario Bros. U, are trademarks of Nintendo and there is no relationship between Nintendo and Warp World.

Third Party Content

Warp World provides other third party content on the Makers of Mario Services (for example, user supplied content on Mario Maker levels) and may provide links to Web pages and content of third parties (collectively the "Third-Party Content") as a service to those interested in this information. Warp World does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, nor we do not update or monitor it, therefore we are not responsible for any Third Party Content on the Makers of Mario Service. Users use such Third-Party Content at their own risk.

The Makers of Mario Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Warp World does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Makers of Mario Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

Prohibited Conduct

The Makers of Mario Services may include interactive areas or services ("Interactive Areas"), such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Makers of Mario Services ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE MAKERS OF MARIO SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Makers of Mario Service.

You agree that you will comply with these Terms of Service and Rules of Conduct and will not:

  • use the Makers of Mario Service for any purposes except to disseminate or receive original or appropriately licensed content and/or to access the Makers of Mario Service;
  • rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service or any Materials (as defined in the section titled License);
  • post, upload, or distribute any defamatory, libelous, or inaccurate Content;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Makers of Mario Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Makers of Mario Service, or perform any other similar fraudulent activity;
  • delete the copyright or other proprietary rights notices on the Makers of Mario Service or Content;
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Makers of Mario Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
  • harvest or collect the email addresses or other contact information of other users from the Makers of Mario Service for the purpose of sending spam or other commercial messages;
  • use the Makers of Mario Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • defame, harass, abuse, threaten or defraud Users of the Makers of Mario Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Makers of Mario Service or Content, features that prevent or restrict use or copying of any content accessible through the Makers of Mario Service, or features that enforce limitations on the use of the Makers of Mario Service or Content;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Makers of Mario Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
  • modify, adapt, translate or create derivative works based upon the Makers of Mario Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • intentionally interfere with or damage operation of the Makers of Mario Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • relay email from a third party's mail servers without the permission of that third party;
  • use any robot, spider, scraper, crawler or other automated means to access the Makers of Mario Service for any purpose or bypass any measures Warp World may use to prevent or restrict access to the Makers of Mario Service;
  • manipulate identifiers in order to disguise the origin of any Content transmitted through the Makers of Mario Service;
  • interfere with or disrupt the Makers of Mario Service or servers or networks connected to the Makers of Mario Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Makers of Mario Service; use the Makers of Mario Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Makers of Mario Service, or that could damage, disable, overburden or impair the functioning of the Makers of Mario Service in any manner;
  • use or attempt to use another user's account without authorization from that user and Warp World;
  • attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Makers of Mario Service that you are not authorized to access;
  • attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose.
  • Further, BY USING THE MAKERS OF MARIO SERVICE, INCLUDING THE INTERACTIVE AREAS YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the Makers of Mario Service any of the following:
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • viruses, corrupted data or other harmful, disruptive or destructive files; and
  • Content that, in the judgment of Warp World, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Makers of Mario Service, or which may expose Warp World or our users to any harm or liability.

Warp World takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Warp World liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Makers of Mario Service is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Warp World's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Makers of Mario Service will not contain any content that is prohibited by such rules. As a provider of interactive services, Warp World is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. Warp World does not endorse any Content or any opinion, recommendation or advice expressed therein, and Warp World expressly disclaims any and all liability in connection with Content. Although Warp World has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Warp World reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Makers of Mario Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Makers of Mario Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the Makers of Mario Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Makers of Mario Service.

Rights in User Content

If you submit or post User Content to the Makers of Mario Service you grant Warp World a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Warp World and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose.

By submitting or posting User Content to the Makers of Mario Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Makers of Mario Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the Makers of Mario Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere.

Account

Account and Password

You may wish to open a Warp World account with us for a number of reasons, including a more personalized Makers of Mario experience or to upload and/or download or purchase content or any products, services, or information from Makers of Mario.

In order to open an account, you will asked to provide us with certain information like an account name and password (all of which will be protected by our Privacy Policy).

Once you have a Warp World account you can purchase products and services (if offered) via Warp World. The Warp World Terms of Sale explain how this works – please read carefully this important document, which is incorporated by reference into these Terms of Service (this means they legally form part of this document).

While Warp World uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Warp World on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.

If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Warp World at legal@warp.world.

Third Party Accounts

Warp World may permit you to register for and log onto the Makers of Mario Service via certain third party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the Makers of Mario Service, including your name, may be used by Warp World in order to provide and support your account. You also acknowledge and agree that Warp World may publish information regarding your use of the Makers of Mario Service to and in connection with any such third party social network with which you use the Makers of Mario Service (unless you tell us otherwise).

Termination

Warp World reserves the right, without notice and in our sole discretion, to terminate your license to use the Makers of Mario Service (including to post User Content), and to block or prevent your future access to and use of the Makers of Mario Service. This includes Warp World having the ability to terminate or to suspend your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (i) the Makers of Mario Service, (ii) any term of these Terms of Service, (iii) any policy or practice of Warp World in operating the Makers of Mario Service, or (iv) any content or information transmitted through the Makers of Mario Service, is to terminate your account and discontinuing use of any and all parts of the Makers of Mario Service. In serious cases of breach of these Terms of Service (for example, infringement of Warp World's intellectual property rights or actions causing it financial loss), Warp World may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible).

Indemnification

The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

You agree to indemnify, defend, and hold harmless Warp World, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Makers of Mario Service, any Content you post, store or otherwise transmit in or through the Makers of Mario Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Warp World reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Warp World, and you agree to cooperate with Warp World's defense of these claims. Warp World will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Disclaimers; No Warranties

The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE MAKERS OF MARIO SERVICE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WARP WORLD; (B) WARP WORLD, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (" WARP WORLD PARTIES ") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE MAKERS OF MARIO SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) WARP WORLD DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE MAKERS OF MARIO SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WARP WORLD IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WARP WORLD ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE MAKERS OF MARIO SERVICE SAFE, WARP WORLD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE MAKERS OF MARIO SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WARP WORLD OR THROUGH THE MAKERS OF MARIO SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT THE TERM "WARP WORLD" INCLUDES WARP WORLD'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

Limitation of Liability and Damages

Users in the USA and rest of the world (non-EU):

The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL WARP WORLD OR THE WARP WORLD PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE MAKERS OF MARIO SERVICE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WARP WORLD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WARP WORLD'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WARP WORLD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE MAKERS OF MARIO SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MAKERS OF MARIO SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN WARP WORLD AND RECEIVED THROUGH OR ADVERTISED ON THE MAKERS OF MARIO SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.

Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT WARP WORLD HAS OFFERED THE MAKERS OF MARIO SERVICES, BROADCASTER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WARP WORLD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WARP WORLD. WARP WORLD WOULD NOT BE ABLE TO PROVIDE THE MAKERS OF MARIO SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

European Union Users

The following section only applies to you if you are a consumer resident in the European Union: Neither Warp World and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Service were agreed or updated as applicable. If you are a Subscribing Organization (as defined in the beginning of these Terms of Service) then you are not granted any rights under this section.

Applicable Law and Venue

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH WARP WORLD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WARP WORLD.

You and Warp World agree to arbitrate any dispute arising from these Terms of Service or your use of the Makers of Mario Service, except that you and Warp World are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Warp World agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Warp World shall be sent to:

Warp World, LLC.

c/o LegalZoom.com, Inc.

101 N. Brand Blvd, 11th Floor

Glendale, CA 91203

You and Warp World further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in El Dorado County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in El Dorado County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Warp World will not commence against the other a class action, class arbitration or other representative action or proceeding.

Miscellaneous Terms

Notices

Warp World may provide you with notices, including those regarding changes to Warp World's terms and conditions, by email, regular mail or postings on the Makers of Mario Service. Notice will be deemed given twenty-four hours after email is sent, unless Warp World is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Makers of Mario Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Makers of Mario Service is deemed given 30 days following the initial posting.

Waiver of Rights

The failure of either you or us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

Severability

If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Assignment of Rights

These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Warp World without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

Survival

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the sections titled Compliance with the U.S. Digital Millennium Copyright Act, Compliance with Other Intellectual Property Laws in the EU and the Rest of the World, Third Party Content, Account, Termination, Indemnification, Disclaimers; No Warranties, Limitation of Liability and Damages, Applicable Law and Venue, Miscellaneous Terms, etc.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it.

Entire Agreement

The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidance, is the entire agreement between you and Warp World relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Warp World as set forth in the section titled Modification of these Terms of Service above.

European Union Consumer Resident Claims

If you are a consumer resident in the European Union and you disagree with the above, we encourage you contact us as soon as possible after you start using the Makers of Mario Service at legal@warp.world since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).

Non-European Union Claims

The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

YOU AND WARP WORLD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MAKERS OF MARIO SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

California Disclosures

The Makers of Mario Service is offered by Warp World, LLC, email: general@warp.world. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Requests for Information

All requests for information or documents must be made using the appropriate level of legal process, and must be properly served on Warp World via the LegalZoom.com, Inc. Registered Agent Service, Warp World's national registered agent. Please find below the California address for LegalZoom.com (the LegalZoom.com office serving your jurisdiction may be located through the Secretary of State's website of your state of residence):

Warp World, LLC.

c/o LegalZoom.com, Inc.

101 N. Brand Blvd, 11th Floor

Glendale, CA 91203

Please note that Warp World does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (e.g. the Warp World username: http://www.makersofmario.com/users/username), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.

If compliance with your request is deemed unreasonable (such as being unreasonably vague, unreasonably large, infeasible, etc.), we reserve the right to charge you for our costs of research and producing the records requested or deny your request under the legal grounds identified above.