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TERMS OF SERVICE

Welcome to the Hollywood Tycoon ("Hollywood Tycoon") web site --www.HollywoodTycoon.com (the "Website"). The Website and any other web sites, features, content, applications or services owned or operated by Social Games Universe Inc. (“SGU”) and available through the Website, and SGU are referred to in these terms collectively as "Hollywood Tycoon". These Terms of Use ("Terms" or "Agreement") are for the users, members, customers, and others who visit and use Hollywood Tycoon (collectively or individually, "Members").

The products and services hereunder are offered by Social Games Universe Inc., located at 364 Richmond Street West, Toronto, Canada M5V 1X6. You can also contact us through our Contact Us webform.

PLEASE READ CAREFULLY THE FOLLOWING TERMS. YOUR USE OR PURCHASE OF DIGITAL DOWNLOADS (AND YOUR ELECTRONIC SUBMISSIONS IN CONNECTION WITH SUCH PURCHASES) CONSTITUTES YOUR ACCEPTANCE OF AND YOUR AGREEMENT (A) TO USE THE WEBSITE (AND ANY DIGITAL DOWNLOADS AVAILABLE THROUGH THE WEBSITE) SOLELY IN ACCORDANCE WITH THE USAGE RULES SET OUT IN THESE TERMS, (B) OF YOUR INTENT TO PAY, AND (C) THAT ANY OTHER USE OF THE DIGITAL DOWNLOADS MAY CONSTITUTE COPYRIGHT INFRINGEMENT. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON THE WEBSITE, INCLUDING NOTICES OF CANCELLATION, CONTRACTS, AND ANY CHANGES TO THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE HOLLYWOOD TYCOON.

1. Registration; Privacy Notice. Your privacy is important to Hollywood Tycoon. Hollywood Tycoon's Privacy Notice can be accessed from our web site and is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

2. Territory. Those who choose to access Hollywood Tycoon from locations outside of the United States or Canada do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside. Members visiting Hollywood Tycoon from countries outside of the United States and Canada must agree to abide by all local rules regarding online conduct and acceptable content.

3. Registration. In order to download Digital Downloads from the Website, you may be required to register and provide specified information. You represent that your registration information will be current, complete and accurate at the time you register and that you will update it as necessary. For registration and sign-in purposes, you will select a password. You agree that you will not allow others to use your Member name, password and/or account. Hollywood Tycoon may refuse or cancel your registration at any time in its sole discretion.

4. Changes to Terms. Hollywood Tycoon reserves the right, at its sole discretion, to change, add or remove portions of these Terms at any time. It is your responsibility to check these Terms each time before using the Website. Your continued use of the Website and any download or purchase you make from the Website following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms, which shall apply until we post a modified Terms and then in accordance with such modified Terms.

5. License to Use Website. As long as you comply with these Terms and any such modifications, Hollywood Tycoon grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Website.

6. License to Downloads. From time to time Hollywood Tycoon may offer for trial or purchase games or other multimedia entertainment. All downloaded games, images, video, artwork, text, software and other copyrightable materials ("Digital Downloads") are sublicensed to Members and not sold, notwithstanding use of the terms "sell," "purchase," or "order," on the Website, or these Terms. Upon payment of the license fee indicated for any Digital Download, SGU grants you a nonexclusive, non-transferable, and non-sublicensable license to use one copy of the Digital Download in accordance with the usage rules set forth in Section 7 below.

7. Purchases. Additional terms and conditions may apply to the purchase of Digital Downloads or other products or services available of this Website, all of which are made part of these terms and conditions by this reference. You agree to abide by these other terms and conditions including where applicable representing that you are of sufficient legal age to use of purchase such Digital Downloads, services or Materials. If there is a conflict between these Terms of Use and the terms posted s applicable to any purchase or use of a portion of this Website, the latter terms shall control with respect to your use or purchase of the Digital Downloads, or Materials.

8. Usage Rules for Digital Downloads. You may download Digital Downloads to a single personal computer. You may play Digital Downloads an unlimited number of times on your personal computer during the trial or “beta” period specified for that Digital Download or, if the Digital Download is being purchased, for the period of time specified in the purchase price therefore. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved.

9. Prohibited Use of Digital Downloads. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content. You may not exploit any Digital Download for any commercial purposes. You further agree to indemnify and hold harmless SGU for your failure to comply with this section. When retrieving information, Digital Downloads or services from the Website, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents or any extraction or navigation search except for a normal browser, (2) aggregating, copying, or duplicating any of the materials or information available from the site, or (3) accessing data not intended for You.

10. Prohibited Conduct -- BY USING HOLLYWOOD TYCOON YOU AGREE NOT TO:

  1. Use our network resources to impersonate another person. All messages transmitted through our Website should correctly identify the sender
  2. Alter the attribution of origin in electronic messages or postings;
  3. Take any action that imposes an unreasonable load on the Website’s infrastructure;
  4. Frame or link any materials available on the Website;
  5. fail to deliver payment for any purchases made on Hollywood Tycoon;
  6. share Hollywood Tycoon-issued passwords with a third party;
  7. misrepresent the source, identity, or content of information transmitted via Hollywood Tycoon, (such as claiming a created work as your own that is not actually yours) or otherwise infringing any trademark, copyright, right of publicity or other right of any other person or entity;
  8. use or encourage others to use Hollywood Tycoon for any illegal purpose;
  9. use site features for anything other than their intended purpose, including exploiting site glitches for personal gain;
  10. interfere with any security-related features of Hollywood Tycoon;
  11. intentionally interfere with the operation of Hollywood Tycoon; or
  12. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Hollywood Tycoon, except to the limited extent applicable laws specifically prohibit such restriction.


10. Ownership; Proprietary Rights. Hollywood Tycoon is owned and operated by SGU. The Digital Downloads, visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Hollywood Tycoon provided by SGU, including without limitation any artwork, Hollywood Tycoon virtual items, Hollywood Tycoon Member Accounts. Avastars created by Members(or any part thereof) or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on Hollywood Tycoon are the property of SGU or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SGU or its affiliates and/or third-party licensors. Except as expressly authorized by SGU, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials.

Your statement must be addressed as follows:
11. Violations; Termination. You agree that Hollywood Tycoon, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Hollywood Tycoon or your use of Hollywood Tycoon and remove and discard all or any part of your account including its inventory of any virtual items, Hollywood Tycoon Cash Member profile, or any Member submission, at any time. As all items and other aspects of your account are considered to be licensed to you for your use while your account is in good standing, all of the previous are considered to be forfeit when the account is banned or otherwise terminated. Any fees paid hereunder are non-refundable. Hollywood Tycoon may also in its sole discretion and at any time discontinue providing access to Hollywood Tycoon, or any part thereof, with or without notice. You agree that any termination of your access to Hollywood Tycoon or any account you may have or portion thereof may be effected without prior notice, and you agree that Hollywood Tycoon shall not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Hollywood Tycoon may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Hollywood Tycoon may have at law or in equity.

12. Disclaimers; No Warranties. You acknowledge that Hollywood Tycoon has no control over, and no duty to take any action regarding: which users gain access to Hollywood Tycoon; what Materials you access via Hollywood Tycoon; what effects such Materials may have on you; how you may interpret or use such Materials; or what actions you may take as a result of having been exposed to such Materials. Hollywood Tycoon may contain links to websites containing information that some people may find offensive or inappropriate. You release Hollywood Tycoon from all liability for you having acquired or not acquired Materials through the Website.

13. HOLLYWOOD TYCOON AND ANY THIRD-PARTY SOFTWARE, SERVICES, DIGITAL DOWNLOADS OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH HOLLYWOOD TYCOON ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLLYWOOD TYCOON, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BECAUSE OF THE VARIOUS ENVIRONMENTS INTO WHICH YOU MAY PUT THE DIGITAL DOWNLOADS< NOT WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS PROVIDED AND IS HEREBY EXPRESSLY DISCLAIMED BY HOLLYWOOD TYCOON. ANY LIABILITY OF HOLLYWOOD TYCOON WILL BE EXPRESSLY LIMITED TO PRODUCT REPLACEMETN OR REFUND OF THE PURCHASE PRICE.

HOLLYWOOD TYCOON, IT’S SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN HOLLYWOOD TYCOON WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HOLLYWOOD TYCOON ONLINE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HOLLYWOOD TYCOON, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF HOLLYWOOD TYCOON IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HOLLYWOOD TYCOON NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF HOLLYWOOD TYCOON AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Indemnification; Hold Harmless. You agree to indemnify, save, and hold Hollywood Tycoon, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of Hollywood Tycoon, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Hollywood Tycoon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hollywood Tycoon, and you agree to cooperate with Hollywood Tycoon's defense of these claims.

15. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HOLLYWOOD TYCOON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON HOLLYWOOD TYCOON, OR ANY OTHER INTERACTIONS WITH HOLLYWOOD TYCOON, EVEN IF HOLLYWOOD TYCOON OR A HOLLYWOOD TYCOON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOLLYWOOD TYCOON'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL HOLLYWOOD TYCOON OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF HOLLYWOOD TYCOON, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER HOLLYWOOD TYCOON MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING HOLLYWOOD TYCOON DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN HOLLYWOOD TYCOON AND RECEIVED THROUGH OR ADVERTISED ON HOLLYWOOD TYCOON OR RECEIVED THROUGH ANY LINKS PROVIDED ON HOLLYWOOD TYCOON.

16. Miscellaneous.

  1. Notice. Notice. Except as explicitly stated otherwise, legal notices will be served on Hollywood Tycoon's national registered agent or to the email address you provide to Hollywood Tycoon during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party 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 Hollywood Tycoon. In such case, notice will be deemed given three days after the date of mailing.
  2. Waiver. The failure of Hollywood Tycoon to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Hollywood Tycoon.
  3. Governing Law. These Terms will be governed by and construed in accordance with the laws of the Ontario, Canada, without giving effect to any principles of conflicts of law.
  4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Hollywood Tycoon will be filed only in Toronto, Canada and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
  5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  6. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hollywood Tycoon without restriction.
  7. Survival. Sections 10 and 13 through 17 will survive any termination of these Terms.
  8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
  9. Entire Agreement. This is the entire agreement between you and Hollywood Tycoon relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Hollywood Tycoon as set forth in Section 4 above.
  10. Claims. YOU AND HOLLYWOOD TYCOON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HOLLYWOOD TYCOON ONLINE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED