Xpressed™

Welcome to the Xpressed™ website.

The services offered by JAVAGROUND USA, INC (“Xpressed”, “us”, or “we”) include the Xpressed™ website (“the Website”), which is currently located at www.Xpressed.com, and the Xpressed™ WAPsite (“the WAPsite”), which is currently located at wap.xpressed.com, and any other features, content, or, applications offered from time to time by Xpressed in connection with the Website and the WAPsite (collectively, the “Services”). 

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services.  By using the Services, you agree to be bound by the Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with the Xpressed™ Website or WAPsite and set up an Xpressed™ account).  The term “user” refers to a Visitor or a Member.

Additional Terms. In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms of service prior to download and/or prior to execution.  Unless otherwise provided by the additional terms of use applicable to the Services in which you choose to hereby participate, any additional terms are hereby incorporated into this Agreement.

Amendments. Xpressed may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by Xpressed on the Website, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by Xpressed on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.

1.  Description of Services. These Services, the Website and the WAPsite website are not intended for children younger than 13 years. Xpressed provides users, 13 and older at time of registration, access to registration for Xpressed™ membership, the ability for members to invite friends to register for Xpressed™ membership, and the ability of members to receive certain promotional benefits ("Rewards") for registering, inviting, and the registration of invitees. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for Xpressed to provide the Services. You also understand and agree that the Services may include certain communications from Xpressed, such as service announcements, administrative messages, and updates, and that these communications are considered part of Xpressed™ membership and that the only way you may opt out of receiving them is to terminate your membership. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider charges or mobile phone carrier airtime, text messaging, and/or data charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

2. Eligibility. By using the Services, you represent and warrant that:
 (a) all required registration information you submit is truthful and accurate;
 (b) you will maintain the accuracy of such information;
 (c) you are 13 years old or older at the time of registration; and
 (d) your use of the Services does not violate any applicable law or regulation.

Your profile will be deleted without warning if we believe, for any reason, that you are younger than 13, and you will have to appeal such deletion by providing credible evidence of your age, or, if you are a minor, permission by a parent to reinstate your account.

You also agree to:
 (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (the "Registration Data");
 (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Xpressed has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Xpressed has the right to suspend or terminate your account and refuse any and all current or future use of any of the Services; and
 (c) authorize Xpressed to store and use the Registration Data that you provide (including any credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

3. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Xpressed™ account and end your membership at any time, for any reason by emailing deleteaccount@Xpressed.com. Someone will be in contact with you to confirm your information and help you delete your account. Xpressed may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your account profile. Even after any termination, Sections 5-40 of this Agreement will remain in effect. You understand that termination of this Agreement and your Xpressed™ account involves deletion of your Xpressed™ profile information from our live databases. Xpressed will not have any liability whatsoever to you for any termination of your account or related deletion of your information.

4. Fees. You acknowledge that Xpressed reserves the right to charge for the Services and to change its fees from time to time in its discretion, upon notice to you at the then-current e-mail address in your Xpressed™ account. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Xpressed. The Mobile Games Unlimited Plan™ fee will be billed in full on the first day of your paid membership and on each monthly anniversary thereafter, unless and until you cancel your Plan. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on August 31st, your next billing date would be September 30th.

XPRESSED's current rates:
• Xpressed Community Membership - Free
• Mobile Games Unlimited Plan™:  $9.99/1 month membership, Purchasing this subscription entitles you to unlimited game downloads and unlimited play on the phone and on the web. It will be valid for 1 month.

• Single Purchase Standard:  $2.99 per content item

• Single Purchase Premium:  $4.99 per content item

• Single Purchase Premium+:  $5.99  per content item

• Single Purchase Premium ++: $6.99 per content item

You can cancel your subscription anytime by logging into your profile online and clicking on “My Transactions”, then clicking on the “Cancel Subscription” button. You may also contact Xpressed support: 1-866-310-5869


5. Your Profile. Any Content used for or photographs posted by you in your Member profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.

6. Duplicate Profiles. Members can create additional personal or group profiles.  Users agree to not create additional profiles as a method of participating and/or enacting any restricted behavior as defined within the terms of this Agreement or behavior that Xpressed deemed inappropriate at any time. Xpressed reserves the right to determine what constitutes "inappropriate" User and/or profile activity (including creating false accounts for the purpose of engaging in restricted behavior) and reserves the right to take any action necessary to correct the activity. Any User found creating one or more additional profiles and engaging in restricted and/or inappropriate behavior may have their additional accounts and/or all of their accounts deleted from the Xpressed™ Website or WAPsite. Additionally, Xpressed reserves the right to permanently ban offenders from the use of the Services.

7. Password. When you sign up to become a Member, you will also be asked to choose a password to accompany your unique user identifiers (which are your email address and username). You are entirely responsible for maintaining the confidentiality of your password; you agree not to share it with any other person. You agree not to use the account, username, or password of another Member at any time in any way unless you have express written consent from the Member and this is verified by Xpressed.  You agree to notify Xpressed immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. If you have revealed your password to any third party, with or without your consent, Xpressed reserves the right to terminate your account and you shall be liable for all charges incurred using your account.

8. Your Content and Activity. The Services may contain email services, bulletin boards, chat and blog areas, product review areas, and other services that allow you to communicate with other users and/or submit your own text, images, voice, sound, graphics, photographs, software, or other content ("User Content") via the Services. User Content is the sole responsibility of the person who submits it. Xpressed may, but has no responsibility, review or monitor User Content. Therefore, Xpressed does not guarantee the accuracy, quality, or appropriateness of such User Content.

9. Prohibited Content and Activity. The following are examples of the kind of User Content and Activity that is illegal or prohibited to post on or through the Services:

(i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(ii) bullies, harasses or advocates stalking, bullying, or harassment of another person;

(iii) exploits people in a sexual or violent manner;

(iv) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

(v) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming";

(vi) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(vii) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files;

(viii) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

(ix) provides instructional information about or promotes illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code;

(x) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;

(xi) except as expressly approved by Xpressed, involves commercial activities and/or promotions such as campaign, sweepstakes, barter, advertising, or pyramid schemes;

(xii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software;

(xiii) includes a photograph or video of another person that you have posted without the person’s consent;

(xiv) any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;

(xv) using the account, username, or password of another User;

(xvi) attempting to impersonate another User or person, including any employee of Xpressed; or

(xvii) otherwise violates the terms of this Agreement or creates liability for Xpressed.

In addition, you represent and warrant that:
  (i) you own the User Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and
  (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.

Furthermore, by posting User Content using the Services you agree to grant Xpressed and third parties a worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display and perform, reproduce, edit, translate, and reformat such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.

10. Consequences of Prohibited Content or Activity. Xpressed has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Xpressed violates this Agreement or which may be offensive, illegal, violate the rights, harm, or threaten the safety of any User or any other person, or create liability for Xpressed or any User.  Xpressed reserves the right (but has no obligation) to remove the Prohibited Content from the Services, terminate your privileges and/or membership, reporting you to law enforcement authorities, and take legal action against you. In any circumstance where Xpressed receives credible information relating to the disappearance of a user under the age of 18, Xpressed will release any records relating to the investigation to law enforcement.

11. Non-Commercial Use. Except for Licensors, as identified in this Agreement, the Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by the management of Xpressed or in connection with Services expressly designated for commercial use. You will not engage in advertising to, or solicitation of, any User to buy or sell any products or services through any Service. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your account.  In addition, the delivery of a Product via the Services does not transfer to you any commercial or promotional use rights in the Product.

12. Content Uploaded by Independent Developers and Studios.  It is understood that the terms and considerations herein relating to User Content only apply to users of the Services uploading content for non-commercial purposes. Independent developers and studios that wish to upload content for commercial purposes must become a Licensor by entering into a Independent Publisher Agreement with Xpressed.

13. Exposure to Objectionable Material. By using the Services you acknowledge that you understand that the Services can expose you to content that you deem objectionable and, nevertheless, you have agreed to use the Services at your sole risk and that Xpressed shall have no liability to you for content that you find objectionable.

14. Purchase or Rental of Products.
The Services can be used to obtain products, including sound files, mobile games, applications, ring tones, and related artwork ("Products"). Once a Product is purchased or rented (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Xpressed shall be without liability to you in the event of any loss, destruction, or damage of the Product. By purchasing a Product using the Services you agree to use the Product in compliance with usage rules established by Xpressed (“Usage Rules”), as further outlined below.

15. Purchase or Rental of Content offered by Third Parties via the Services.
Parties other than Xpressed may offer downloadable content for mobile devices, games and other products and services (collectively, "Third Party Products") for sale on or through the Services. Your purchase and/or use of Third Party Products are governed by terms established by such third parties, and you should carefully review any such third party terms.

16. Agreement to Pay.

 a. Payment for Products. You agree to pay for all Products you purchase or rent (as applicable) through the Services, and that Xpressed may charge your credit card, PayPal, mobile premium SMS account (through your mobile carrier), and additional payment processing methods added to our system for any Products purchased or rented (as applicable), and for any additional amounts (including any taxes and other fees as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING XPRESSED WITH VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, the PayPal account, or the premium SMS account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Xpressed can verify the validity of the new credit card or PayPal account information).  Also if you change mobile devices and/or mobile plans it is your responsibility to change the premium SMS billing information and ensure your device is compatible with the Mobile Games Unlimited™ plan. ensure the new download of the plan to your device .  You can also change from a Premium SMS payment plan to a credit card or PayPal plan at anytime.

 b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

 c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE AND THROUGH YOUR MOBILE DEVICE CARRIER, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

 d. Access to Electronic Records.  In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

17. Delivery of Products.

 a. Interrupted Delivery to your mobile device. If delivery of a Product you purchased or rented is interrupted, your transaction will be included in your “My Mobile Download” section. You may resume delivery to your Xpressed-authorized mobile device by selecting the product again under “My Mobile Download” or selecting the download link from the SMS message sent to your device.

 b. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product or Plan. Your exclusive and sole remedy with respect to a Product or Plan that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Xpressed.
 
18. Security. The Services and Products obtained via the Services include a security framework using technology that protects digital information.  By using the Services to obtain Products you agree not to circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components, or assist another person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components.  By using the Services, you acknowledge that tampering with the security framework of the Services and/or a Product obtained via the Services may result in civil or criminal liability.


19. Product Usage Rules.  By downloading a Product using the Services, you agree to be bound by the following Usage Rules:

(i) Your right to use the Products is conditioned upon your prior acceptance of the terms of this Agreement.

(ii) You are authorized to use the Products only for personal, noncommercial use.

(iii) You are authorized to use the Products on one mobile device at a time and you can transfer the Product to a new mobile device as required.

(iv) You are not authorized to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service.

(v) You are not authorized to attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.

(vi) You are not entitled to copy video Products or ring tone Products to fixed media capable of being read by another device.

(vii) You are only authorized to use ring tone Products as a musical “ringer” on a mobile phone handset that is activated in response to receipt of an incoming call.

(viii) The delivery of any of the Products to you does not transfer to you any commercial or promotional rights in the Products.

(ix) Usage rules for software Products are governed by the terms of any end-user agreements or other terms of use required for use of such Products.

(x) You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any Product.

(xiii)  You acknowledge that Products available via the Services may be subject to United States export controls and that by downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

 (xiv) Additional usage rules may be imposed by separate terms and conditions required for use of specific Products.

Usage Rules may be controlled and monitored by Xpressed for compliance purposes, and Xpressed reserves the right to enforce the Usage Rules with or without notice to you.

20. Accuracy of Product Descriptions Provided via the Services. Product types (including genres, sub-genres and game and application categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Xpressed does not guarantee their accuracy.

21. Simulation of Mobile Games.  Mobile games can be played online for free via the Services which simulates the mobile game playing experience. Xpressed does not represent that mobile games played online are exactly the same when played on a mobile device. In addition, performance of games played on a mobile device will vary depending on the capability of the mobile device. In some cases the game played may not work. The Xpressed™ commitment is to ensure that as many mobile devices as possible can successfully play the full range of mobile games and applications.

22. System Requirements.  Use of the Services requires one or more compatible mobile devices and Internet access (fees may apply). Due to the fact that use of the Services involves Internet access and/or the access of a compatible mobile device, your ability to use the Services may be affected by the performance of these factors. High speed Internet access and the most up-to-date mobile device are strongly recommended. You acknowledge and agree that meeting the system requirements necessary to use the Services, which may be changed from time to time, is your responsibility.

23. General Practices Regarding Use and Storage.  You acknowledge that Xpressed may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Xpressed's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Xpressed has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Xpressed reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Xpressed reserves the right to modify these general practices and limits from time to time.

24. Third Parties and other Users. Content from other Users, advertisers, licensors and other third parties is made available to you through the Services. Because Xpressed does not control such Content, you agree that Xpressed is not responsible for any such Content, including advertising and information about third party products or services. Because Xpressed does not have control over such Content, Xpressed makes no guarantees about the accuracy, currency, suitability, or quality of the Content, and Xpressed assumes no responsibility for unintended, objectionable, inaccurate, misleading, faulty, low quality or unlawful Content made available by other Users, advertisers, licensors and third parties.

25. No Responsibility for Third-Party Materials or Web sites.  Certain content, Products, and services available via the Service may include materials from third parties. In addition, Xpressed may provide links to certain third party Web sites. You acknowledge and agree that Xpressed is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Xpressed does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Xpressed is not in any way responsible for any such use by you.

26. Third Party Links.  Except to the limited extent expressly provided in this Agreement, Xpressed makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from this Site, or third-party Web sites linking to this Site. Such linked Web sites are not under the control of Xpressed and Xpressed is not responsible for the content of any such linked Web site. Xpressed is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Xpressed of the Web site or any information contained therein. Xpressed is not responsible or liable, directly or indirectly, for any damage or loss caused to you by or in connection with such third-party Web sites. When leaving an Xpressed Site, you should be aware that Xpressed terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site.

27. No Responsibility Regarding Interactions with Third Parties.  Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that Xpressed will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), Xpressed is under no obligation to become involved; however, Xpressed reserves the right, but has no obligation, to monitor disputes between you and other Users.

28. Interstate/International Nature of Communications on/from the Xpressed Services.  You acknowledge that in using the Services to send/receive communications to/from Xpressed, you will be causing communications to be sent through Xpressed's computer networks, which are currently located in Irvine, California in the United States. As a result, and also as a result of Xpressed’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate and/or extraterritorial communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate and/or international data transmissions.


29. IMPORTANT SAFETY INFORMATION.

(1) To avoid muscle, joint or eye strain during video game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists or arms become tired or sore or you feel any other discomfort.

(2) A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children's video game play for signs of symptoms.

(3) Xpressed recommends that you not use the Site, Services or any of the Products during automobile driving or other activities that pose a significant risk of accident or injury if conducted while using a mobile device or computer. You acknowledge that any such use is at your sole risk, and Xpressed will not be responsible for any direct, incidental, consequential, special or punitive damages resulting from such use.

30. Policies and Rules.

 a. Xpressed Sales Policy.  Your use of the Service and transactions made through it are subject to Xpressed Terms of Use at http://www.xpressed.com/terms-of-use,  and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. Your purchase of products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.


 b. Xpressed Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Xpressed’s Privacy Policy at http://xpressed.com/page/privacy, which is expressly made a part of this Agreement. If you have not already read the Xpressed Privacy Policy, you should do so now.

31. Intellectual Property.

 a. Acknowledgment of Ownership.  You agree that the Services, including but not limited to Products, graphics, audio clips, and editorial content, contain proprietary information and material that is owned by Xpressed and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

 b. Removal of Xpressed Content or Other Materials.  Notwithstanding any other provision of this Agreement, Xpressed and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Services at any time without notice. In no event will Xpressed be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Xpressed may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

 c. Copyrights.  All copyrights in and to the Service, including but not limited to, the Services, Products downloaded to mobile devices (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Xpressed and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

 d. Copyright policy with respect to content posted on the Services by 3rd parties  It is the policy of Xpressed to terminate accounts of any User who repeatedly infringes copyrights. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact us as described in our Copyright/Publicity Rights Policy

 e. Trademarks. Xpressed™, the Xpressed™ logo, Xpress, the signature line Mobile Games Unlimited™, Mobile Game Xplorer™ and other Xpressed trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Xpressed in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

 f. Game and Application Art.  As an account holder of the Service in good standing, Xpressed may provide you with limited access to download certain game and application cover art for games stored in the Xpressed game Library on your mobile device, subject to availability. Such access is provided as an accommodation only, and Xpressed does not warrant or endorse and does not assume and will not have any liability or responsibility for such art or your use thereof. You may only access art (to the extent available) for games for which you are the lawful owner or renter of a legal copy. Art is provided for personal, noncommercial use only. You agree that you will not use art in any manner that would infringe or violate these Terms of Use or the rights of any other party, and that Xpressed™ is not in any way responsible for any such use by you.

32. Termination.

 a. Termination by Xpressed.  If you fail, or Xpressed  suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Xpressed  with a valid credit card or with accurate and complete Registration Data, failure to safeguard your account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Xpressed, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your account, and you will remain liable for all amounts incurred by you under this Agreement and any other agreement between you and Xpressed up to and including the date of termination; and/or (ii) terminate the license to the software the Xpress Suite; and/or (iii) preclude access to the Services (or any part thereof). .

In the event that your account is terminated, to the extent that you believe you have personal information or property on the account that you do not want destroyed, you must affirmatively contact Xpressed within 48 hours of that termination and specifically request your content, which release will not be unreasonably withheld.

 b. Termination of the Service.  Xpressed reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to you, and Xpressed will not be liable to you or to any third party should it exercise such rights.

33.  General Compliance with Laws. The Services are controlled and operated by Xpressed from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.

34. Enforcement of These Terms.  Xpressed reserves the right to take any steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Xpressed's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Xpressed  has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Xpressed  believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Xpressed's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

35.  Disclaimer of Warranties; Liability Limitations.

a. XPRESSED DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME XPRESSED MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY XPRESSED) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL XPRESSED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. 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, XPRESSED'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. XPRESSED  SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND XPRESSED HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. XPRESSED DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND XPRESSED  DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR RENTED FROM XPRESSED THAT ARE MADE AVAILABLE ON YOUR MOBILE DEVICE OR ANY CONTENT ON THE SERVICES.

f. EXCEPT FOR INFORMATION SPECIFICALLY IDENTIFIED AS BEING SUPPLIED BY XPRESSED, XPRESSED DOES NOT CONTROL OR ENDORSE ANY INFORMATION ON THE SITE ABOUT THIRD PARTY PRODUCTS THAT MAY BE PURCHASED ON OR THROUGH THE SITE. XPRESSED IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND XPRESSED DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR THE CONTENT OF ANY THIRD PARTY WEB SITES OR SERVICES. XPRESSED DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS, OR SERVICES OF ANY THIRD PARTIES. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY THIRD PARTY PRODUCTS. YOU SHOULD CAREFULLY REVIEW THEIR TERMS OF USE AND ALL OTHER THIRD PARTY TERMS PRIOR TO PURCHASE OR USE OF THIRD PARTY PRODUCTS.

36. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD XPRESSED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY XPRESSED AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM XPRESSED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF XPRESSED'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

37. Release.  You hereby release Xpressed and its sponsors and their respective affiliates, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any Xpressed event. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

38. Notices.  Xpressed may send you notice with respect to the Service by sending an email message to the email address listed in your Xpressed Account contact information, by sending a letter via postal mail to the contact address listed in your Xpressed Account contact information, or by a posting on the Xpressed website. Notices shall become effective immediately.

39. Governing Law.  The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Javaground USA, Inc. or relating in any way to your use of the Services resides in the courts of the State of California.

40. Miscellaneous.  These Terms of Use constitute the entire agreement between you and Xpressed and govern your use of the Services, superseding any prior agreements between you and Xpressed. You also may be subject to additional terms of service that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Use 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. Xpressed’s failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Xpressed will not be responsible for failures to fulfill any obligations due to causes beyond its control.