This document updated: 25/09/2012
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
The EmpireAvenue.com Web site (the "Web Site") is provided by Empire Avenue Inc. ("Empire Avenue") and/or its affiliates and subsidiaries for the use of registered Empire Avenue users subject to these terms and conditions of use as amended from time to time ("Terms and Conditions"), any rules that may be published from time to time by Empire Avenue ("Rules") and any policies and/or guidelines that may be published from time to time by Empire Avenue ("Policies"). There are 2 types of user roles to which these Terms and Conditions apply. These roles are
By using this site, you are deemed to have agreed to these Terms and Conditions and any Rules and Policies as they apply to you in any and all user categories to which you may belong. Any other access to or use of the Web Site shall constitute a trespass on Empire Avenue computer systems, shall constitute an infringement of Empire Avenue intellectual property and an unlawful use of Empire Avenue assets unless agreed to in writing by Empire Avenue. Empire Avenue may amend this Agreement and/or Rules and/or Policies at any time by posting a new or amended Agreement and/or Rules and/or Policy(ies) as the case may be as a replacement of the previous Agreement and/or Rules and/or Policy(ies) Empire Avenue will post notice that the Agreement and/or Rules and/or Policy(ies) as applicable has been amended on its main website located at www.empireavenue.com for a period of 30 days. The amended Agreement and/or Rules and /or Policy(ies), as the case may be, shall automatically be effective when posted. Your continued use of Empire Avenue websites following the posting of any amendment notice referred to herein shall mean that you accept the terms of this Agreement and/or the Rules and/or Policy(ies) as applicable as amended. If you do not agree with any of the terms of the amended Agreement and/or Rules and/or Policy(ies) then you must terminate all use of the Web Site. This Agreement may not otherwise be amended.
1) WEB SITE USE
This Web Site and all of its services, including but not limited to any trading service, communications service, chat room, message board, newsgroup, advertising, game content or other interactive service that may be available to you on or through this Web Site, (the "Services") are provided to you subject to the Terms and Conditions set out herein and any Rules and Policies. By using this Web Site and Services you acknowledge and agree that you are at least 13 years old and you agree:
Empire Avenue reserves the right to delete your account after such period of inactivity as is determined by Empire Avenue in its absolute discretion (presently no transactions on the Web site in the previous 6 months).
Empire Avenue is very concerned about the privacy and safety of all users, especially children.
You shall not:
- submit or post any content, information or link to any content, information, ware or service which is obscene, illegal, sexually explicit, violent, discriminatory or contains pornographic material of any kind;
- provide any false personal information on the Web Site, or create an account for anyone other than yourself without permission
- use the Web Site to commit any dishonest act, act of fraud or any act which infringes on the rights of any third party;
- submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
- submit or post any information or link to any material which is defamatory, libelous, harassing or threatening of or to any person or organization;
- submit or post any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
- submit or post any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
- undertake any activity which creates liability or damage or potentially creates liability or damage to Empire Avenue or its computer systems or its service providers;
- act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
- engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, registering multiple accounts under the same or different names on Empire Avenue or other social media networks; using computer program-assisted trading; intentionally manipulating virtual share price movements; creating or causing to be created accounts on other social media networks to manipulate one's share price or other scores; behaving in any manner that adversely affects any user of the Web Site.
- impersonate any person or entity, including, but not limited to, an Empire Avenue official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- use the Web Site if you are a convicted sex offender.
- share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account
- transfer your account to anyone without first getting our written permission
- not impersonate any other person, entity or brand in any manner that does or is intended to mislead
You agree not to use any spider, robot or other automatic means to search, monitor, copy or manipulate the content of Empire Avenue websites. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with Empire Avenue software or websites or their use by any other user. You agree not to knowingly cause any unreasonable burden or load on Empire Avenue software or its computer systems.
You also agree that you will not, other than by using the Empire Avenue Application Programming Interface (API) harvest, collect or store information about the users of this Web Site or the content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose or the Rules of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Empire Avenue may not pre-screen, monitor, review or edit the content posted by users of the Web Site. However, Empire Avenue and its designees have the right (but not the obligation) at their sole discretion to remove or to request the removal of any content or advertising, in whole or part, that, in Empire Avenue's judgment, does not comply with these Terms and Conditions and/or Rules and/or Policies or is otherwise undesirable, inappropriate or inaccurate. Empire Avenue is not responsible for any failure, non-failure or delay in removing such content or advertising.
You acknowledge and agree that Empire Avenue may disclose any content or data on the Web Site or gathered about its users if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Empire Avenue, its users and the public.
You understand that the technical processing and transmission of the Web site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Empire Avenue assumes no responsibility for the deletion, loss, or modification of postings or other information submitted by you or other users to Empire Avenue.
Any or all content on the Web Site may be purged periodically at Empire Avenue's sole discretion, as permitted by applicable laws. You acknowledge and agree that content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content and/or data created by Empire Avenue or submitted to or by Empire Avenue. You further acknowledge and agree that the views expressed on the site do not necessarily reflect the views of Empire Avenue, and Empire Avenue does not necessarily support or endorse any content posted by you or any user.
2) USE OF YOUR CONTENT AND INFORMATION
- For content that is covered by intellectual property rights, such as photos and videos ("IP content"), by posting your User Content subject to your Privacy Settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to display, distribute, transmit and analyze any IP content that you post on or in connection with the Web Site ("IP License") and its current and future functionality. This IP License ends when you delete your IP content and/or your account unless your content has been shared with others and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using any setting which implies "everyone", it means that everyone, including those not registered as users of the Web Site, will have access to that information and Empire Avenue will not be liable for the use of it by any party.
- We always appreciate your feedback or other suggestions about Empire Avenue, but you understand and agree that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- You grant Empire Avenue the right to display any content of yours available to other Registered Users in any Empire Avenue promotional and educational videos concerning the operation of the Web Site
3) SOFTWARE AND INTELLECTUAL PROPERTY
Empire Avenue has certain protectable proprietary rights in its software and websites, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the Empire Avenue websites other than for personal use unless agreed to in writing by Empire Avenue
Software and/or any digital products that are made available for download from any of the Empire Avenue websites, is the copyrighted work of Empire Avenue and/or its suppliers or partners. Use of any software downloaded will be governed by the terms of an end user license agreement, if any, which accompanies or is included with the downloaded software.
We give you all rights necessary to use the code, APIs (along with all data received), or tools we provide to you, but only in connection with your application. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone. If you are a developer or operator of an application or website, you are responsible for your application and its content and all uses you make of the data we provide and the service(s) you provide through our platform to users. . This includes ensuring your application or use of our API/services/application platform meets our Developer's Guidelines and our Advertising and Endorsement Guidelines.
4) ADVERTISEMENTS AND ENDORSEMENTS GENERALLY
5) THE EMPIRE AVENUE STOCK MARKET
As part of the Services, Empire Avenue provides users with the ability to participate in a fantasy stock market called the Empire Avenue Influence Stock Market (“the Market”) which allows users ("Participants") to buy and sell virtual shareholder interests. It is understood that all ownership interests in the Market are purely fictitious. The virtual shareholder interests in the particular Registered User are in no way related to the actual properties themselves and are purely phantom interests and should not be considered to be stocks, bonds, or any other form of equity or debt security of any person or legal entity. In addition, Participants have no rights of ownership over the trademarks, logos, or other intellectual property of any Participants in which they are a virtual shareholder. The exact nature of the Market is specified in the Rules. Empire Avenue may amend the Rules at any time. Empire Avenue will post notice that the Rules have been amended on its main website located at www.empireavenue.com for a period of 30 days. The amended Rules shall automatically be effective as the Rules when posted. Your continued use of Empire Avenue websites following the posting of the amendment to the Rules shall mean that you accept the Rules as amended. If you do not agree with the Rules as amended then you must terminate all use of the Web Site. The Rules may not otherwise be amended.
Participants understand and agree that all interests are based on virtual credits ("Credits") which have no actual corresponding dollar amount. The issuance and functioning of Credits is set out in the Rules. Certain contests conducted on the Web Site may offer prizes that only apply to credits and not real currency -- you must read the Rules for such contests carefully. Any accumulation of credits relates solely to a user's account and users are not entitled to receive any real currency, unless otherwise determined by Empire Avenue, in its sole discretion. Use of Credits on third party sites will be governed by these Terms and Conditions of Use.
As part of your participation in the Empire Avenue game you will be required to choose a username and password. You shall notify Empire Avenue of any known or suspected unauthorized use of your username or password, or any known or suspected breach of security. You shall be responsible for maintaining the confidentiality of your password. You are responsible for all usage or activity on the Web Site through your password, including use of your Empire Avenue password by any third party. Your account is unique to you and may not be transferred to any other party without first getting our written permission from Empire Avenue. You may terminate your account at any time by sending your request by selecting the "Delete My Account" option in your Account Settings.. Empire Avenue may, in its sole discretion, terminate or suspend your access to all or part of the Web Site for any reason, including, without limitation, breach of these Terms and Conditions.
The Market is provided to registered users. If these Terms and Conditions or any future amendments are unacceptable to you, or cause you to no longer be in compliance with these Terms and Conditions, you may cancel your account by selecting the "Delete My Account" option in the settings page.
Registered Users can create missions as permitted on the Web Site ("Missions")
Missions will be accessible to all Registered Users of the Web Site. In addition, any Mission created by a Registered User will be accessible by non Registered Users should the Registered User so creating the Mission have enabled the visibility of their Profile to the public in their Privacy Settings on the Web Site
All Mission requirements must be performed as set out in the conditions of a Mission to successfully complete a Mission
Empire Avenue does not guarantee that Registered Users will complete any Mission created on the Web Site.
Empire Avenue has no liability should any Mission not be completed by a Registered User(s)
Empire Avenue has the right to display any content published and displayed on the Web Site with regards to a Mission you have created to other Registered Users in any Empire Avenue promotional and educational videos concerning the operation of the Web Site
When Empire Avenue relies on an external site to provide information on the performance of Mission requirements Empire Avenue cannot guarantee that the required information can always be successfully obtained from the external site
Any non receipt of a Mission reward should be reported to https://empireavenue.zendesk.com/anonymous_requests/new
7) LINKED SITES
You may be able to link to third parties' Web sites ("Linked Sites") from the Web Site. Linked Sites are not, however; reviewed, controlled, or examined by Empire Avenue in any way and Empire Avenue is not responsible for the services, content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Empire Avenue's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Empire Avenue be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. Empire Avenue reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
We give express permission for the fair use of our logos, promotional materials and other materials but only for the purpose of creating links to the Web Site. However, we reserve the right to request any and all links to the Web Site to be removed at our discretion, at any time. Where fair-use laws may not apply or where the third party may feel the need, permission may be requested by writing to Empire Avenue. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Web site, at our discretion at any time.
8) PARENTAL PERMISSION
This Web site is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. Only persons ages 13 or over who comply with these Terms and Conditions are eligible to use this Web site. Empire Avenue may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and Empire Avenue may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
9) VALIDITY OF INFORMATION
Empire Avenue will make commercially reasonable efforts to ensure that all content or data provided by its users or any derivatives compiled therefrom (e.g. metrics, etc) is valid. However, Empire Avenue can make no assurance that content or data provided by its users or any derivatives compiled therefrom (e.g. metrics, etc) is valid. Empire Avenue shall not be liable for any special, indirect or consequential damages whatsoever resulting from Empire Avenue providing this data or any derivatives compiled to any user of the Web site
While impersonation is not allowed parody is allowed as long as you do not use copyrighted or trademarked material in anyway. If you create a parody account or parody community you must attach at least one parody external social media account (including but not limited to such social media accounts as a Twitter , Facebook or Flickr feed). You should also use the words "Not" or "Fake" or other term to indicate that you are not the person entity or brand you are parodying.
12) BETA TESTING
From time to time, Empire Avenue may conduct beta tests of new features or versions of the Web Site and/or Services (each a "Beta Test"). If you choose to register for a Beta Test (a) you understand that Empire Avenue may change, withdraw, or discontinue the Beta Test in its sole discretion; (b) you agree to record and report all problems, issues, ideas, feedback and suggestions for enhancements to the product or service the subject of the Beta Test ("Beta Test Results") to Empire Avenue on a timely basis; (c) during the testing period, you will not disclose to any third party the product or services the subject of the Beta Test, without Empire Avenue's prior written consent; and (d) you hereby assign all right, title and interest in and to any Beta Test Results to Empire Avenue, without compensation or any duty to account to you for such use;
13) WARRANTY DISCLAIMER
THE EMPIRE AVENUE WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. EMPIRE AVENUE MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE EMPIRE AVENUE WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. EMPIRE AVENUE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS. EMPIRE AVENUE IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. EMPIRE AVENUE IS UNDER NO OBLIGATION TO MAINTAIN OR SUSTAIN THE SITE AND MAY TERMINATE THE SITE OR ANY AND ALL SERVICES THEREIN AT ANY TIME AT ITS DISCRETION.
14) LIMITED LIABILITY
IN NO EVENT SHALL EMPIRE AVENUE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE EMPIRE AVENUE WEBSITES HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF EMPIRE AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "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."
EMPIRE AVENUE'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $10.00 (CDN).
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
17) NO AGENCY
The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.
18) NO WAIVER
Empire Avenue's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.
19) INFORMATION STORAGE
a) You consent to having your personal data transferred to and processed in a country other than your own, including the United States of America
b) If you are located in a country embargoed by the United States of America, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Empire Avenue (such as advertising or payments) or operate a application or website using our development tools and platform.
c) If your data must be stored in a country from which your country or you are embargoed other than the United States, you consent that the rights of that country may be enforced regarding your participation on Empire Avenue.
20) GOVERNING LAW
This Agreement, the relationship between you and Empire Avenue and your use of Empire Avenue's websites, and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Empire Avenue which in any way concerns this Agreement or the use of Empire Avenue's websites shall be brought exclusively in the courts of Alberta. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Empire Avenue is headquartered in Alberta.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can at our discretion institute such disciplinary action as we deem appropriate including ceasing to provide all or part of Empire Avenue to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 1,2(b), 2(c),2(d)and 3, 4, 5(i), 5(ii) 5(iii)(a)-5(iii)(h) and 5-22
Headings are for reference purposes only and shall not be used in interpreting this Agreement.
This document updated: 25/09/2012