If you are a player under the age of 18, please have your parent or guardian review these Terms of Use before you play Eccky. Be aware that your use of this site will be deemed to represent your parents’ agreement in these Terms of Use.

1) Eccky™ is for entertainment only
(NON-COMMERCIAL USE OF SITE BY USERS)
The Eccky game (which includes all activities, accounts, items within the game, credits, Ecckies themselves, items purchased for your Eccky within the Eccky game) are for your entertainment use on the Eccky website while you play Eccky, and for that purpose only. These items do not belong to you, which means that you may not sell them (for money or Eccky game credits), give them to anyone, trade them, or pretend that you made them. Further, you may not sell advertisement, offer any kind of service to other Eccky users, or otherwise use the Eccky site as a means to earn money. If you wish to do anything except play with the content of the Services, you must first obtain express written permission from Eccky.

If we find that any Eccky player is selling items in this way to other Eccky players, buying items on the Eccky from other players, or otherwise using the Eccky site as a means to make money, we will freeze/delete those users’ accounts and officially bar those users’ use of the Services.

2) Our game prices can change anytime
(RIGHT TO ADJUST FEES)
Currently, we offer Eccky Platinum Membership for 4 prices - $9.95, $24.95, $49.95, and $74.95. However, Eccky reserves the right to change those offerings (with respect to how much we charge for Eccky Platinum Memberships, or the credit prices for items that you can purchase for your Eccky within the game) at any time and without prior warning. We will, in most cases, alert our users of the change as a matter of courtesy.

3) Eccky Platinum memberships are non-refundable
(NO-REFUND POLICY)
Purchases of Eccky Platinum Memberships are non-refundable, except at our sole discretion. Further, Eccky credits, whether those that you receive as part of your daily allowance or that you earned separately. Purchases of Eccky Platinum Memberships made available via the Site are subject to Eccky’s Terms and Conditions of Sale, incorporated by this reference.

4) You are free to play or not play Eccky whenever you want
(TERM AND TERMINATION)
Use of the Eccky site and your registration at the Site does not obligate you in any way to play Eccky, or to purchase an Eccky Platinum membership. If you are registered at Eccky, you have the choice to play or to not play. Further, you may terminate your registration/account at anytime for any reason, and can click on “un-register” and follow the procedure on the User/Settings page. If you do choose to register and play, however, you are bound to follow the terms of this Agreement and if you purchase a Eccky Platinum Membership you are bound to follow Eccky’s Terms and Conditions of Sale. This Agreement will remain in full force while you are registered with Eccky.

5) Eccky content is the property of Eccky ONLY (OWNERSHIP AND RIGHTS OF INTELLECTUAL PROPERTY)
All content within the Eccky world and on the Eccky site belongs to Eccky, including Eccky-style personal avatars that you create for your profile page. This means that we retain all rights to the content and materials on the Site. You are not allowed to copy, reproduce, republish, upload, post, transmit, or distribute any of our materials in any way, except that Eccky will allow users to display personalized Eccky style avatars on their own personal web pages for non-commercial and personal use ONLY, and on the condition that the graphic be accompanied by "Copyright 2007 Eccky. All Rights Reserved. Used With Permission" or “© 2007 Eccky. All Rights Reserved. Used With Permission" on EVERY page that the Eccky graphics and/or text appear, and you link directly to us.

7) Play Safely and Respectfully to Protect Yourself and Other Players
(USAGE RULES)
Eccky is a site where all users should feel welcome and safe to have fun. We at Eccky believe that creating a welcoming and safe environment for users is the responsibility of all. We take our own measures to make sure that the Eccky site is a safe environment in which Eccky users can raise and play with their Ecckies. However, a large part of creating a safe and fun environment comes from respectful and safe behavior from every Eccky player.
We have therefore established the following set of rules that define appropriate and inappropriate Eccky user conduct: how an Eccky player should and should not behave in every part of the Site. Please familiarize yourself with and be certain to abide by all rules of conduct outlined here, the short version of which can be referred to as the Eccky House Rules.

Please note: despite out best efforts to define and enforce a user code of conduct by setting them forth here, we ultimately cannot control how players on our Site will behave, nor can we guarantee that they will follow the rules set forth here. Eccky moderates the Eccky Forum and monitors user profile pages and will edit out inappropriate content from the Forum and profile pages, as necessary. Such moderation and filtering is, however, not our responsibility. By playing Eccky, you waive any objection to any potentially offensive content, which means that you will not hold us liable for any content that you may find offensive. Most crucial, though, is that you as an Eccky player use common sense and exercise caution and respectful behavior when using the Site and interacting with other Eccky users.

1. Do not cheat: you may not use cheat-, hacking-, or scripting programs on the Eccky site.
2. Do not scam: you may not attempt to gain unauthorized access into another Eccky user’s account(s), or ask other users for their account information.
3. Do not endanger (or attempt to endanger) the Eccky site and Services: you may not place or transmit (or attempt to place or transmit) worms, viruses or other harmful software and/or components onto the Eccky site. You may not (and may not attempt to) circumvent any access or use restrictions, data encryption or content protection related to the Services. You may not data mine the Services or cause harm to or burden the Services in any way.
4. Do not behave abusively toward other players: you may not use the Eccky game to abuse (verbally or otherwise), stalk, defame, annoy, threaten, harass, discriminate against, make sexual or aggressive gestures towards another player, or violate any other player in any way.
5. Do not Spam: "Spamming” (numerous identical messages) of any kind. This includes abuse of the invite functionality by "spamming" (sending an invite repeatedly to the same person) or the profile messages function (posting the same message repeatedly on someone’s profile page)- this can result in your account being frozen!
6. You waive any objection to potentially offensive content: Please be advised that postings by Eccky users on the Eccky Forum and on profile pages do not necessarily reflect the views of Eccky. Although we periodically monitor exchanged and posted information, Eccky assumes no responsibility or liability for any Postings or for any claims, damages or losses relating to any postings. Users are entirely responsible for the content of their messages and postings. You hereby waive any objections you might have with respect to viewing such content which you may find offensive. Nonetheless, Eccky will make reasonable efforts to ensure that the Forum serves the best interests of all users and, therefore, Eccky reserves the right to edit, delete, or refuse to post any Posting that violates these Terms of Use, as well as revoke the privileges of any user who does not comply with these Terms of Use.
7. Do not use inappropriate language or make inappropriate references on the forum, profile pages, or anywhere else in the Eccky environment: you must engage in respectful and safe behavior in posting messages on your personal Eccky profile page, on the Eccky forum, or anywhere else in the Eccky environment. You will refrain from posting words, images, or links containing or relating to:
   a. Profanity or obscenities (“swear” or “curse” words)
   b. Sexual/pornographic content (express or implied, in relation to yourself, your Eccky/ies, or anyone else)
   c. Comments that slander, defame, threaten, insult, or harass another player or any other person (“flaming”), whether individually or as a group
   d. Comments that are violent and/or aggressive in nature, or that encourage other users to break or violate any applicable law
   e. Political, social, or religious views, opinions, or other commentary
   f. Gangs or gang promotion
   g. Dating requests or solicitations, for yourself, your Eccky/ies, or anyone else
   h. Chat rooms or links to sites that contain chat rooms
   i. Materials created by another person that you do not have permission to use
   j. Information that might identify another user
   k. Requests for passwords and/or other personal information that might identify another user
   l. Links to or advertisements for third-party commercial websites
   m. Promotions that offer prizes or any kind (including contests, raffles, lotteries, chain letters, or any other give-aways)
   n. Information on “cheats” or “hacks” or links to sites that claim to have or offer these
   o. Offers to sell your Eccky account, Eccky(ies), or any other Eccky asset to another person for money, Eccky credits, or any other means of payment
   p. Scams of any kind (including requests to users to change their e-mail address)
   q. "Spamming” (numerous identical messages) 
   r. “Party boards” (group postings often containing inappropriate content)
   s. Anything that suggests it's from a member of the Eccky staff or an Eccky character (i.e., impersonation of a member of Eccky staff or an Eccky character)
   t. Testing Eccky’s moderation feature (or encouraging others to do so)
   u. Encouraging other users to violate any of these House Rules
   v. Anything else that Eccky deems, in its sole discretion, to be inappropriate for this site
8. Do not use inappropriate language or make inappropriate references in your own username, your Eccky/ies name(s): Similar to the restriction on inappropriate language on your profile page and on the forum, you must refrain from creating a username or name(s) for your Eccky/ies that contain(s) or relate(s) to any of the restricted subject matter areas outlined above,
   
   If you engage in any of the above actions or behaviors, we may do any of the following without warning: temporarily freeze your Eccky account, delete your account permanently, ban you from using the Eccky site in the future. Note that the Eccky staff may respond differently to each infraction depending on a user’s account history and the type of infraction committed. Be aware that you will not necessarily be warned prior to your account being frozen or deleted.

8) Play Safely to Protect Your Personal Information (INTERNET SAFETY AND PERSONAL INFORMATION)
As outlined in the Privacy Policy, we encourage users to exercise caution and common sense at all times, especially when it comes to using the internet and providing your personal information online.

Do not give anyone your personally identifiable information such as your e-mail address, physical address, school name, last name, photographs of yourself, MSN or other instant messenger username or telephone number, nor should you ever ask this information from other players.
Also note that no one from Eccky will ever ask you for this information (except when they are submitting forms, in which case we ask for their name, contact info, and even account passwords, for Opting-Out). Please Eccky’s House Rules for further details on what you should do to play safely. Also make sure that you follow you family's rules for playing on the Internet. If you think anything is suspicious, make sure to report it using our Report Abuse form.

9) We have the right to not allow anyone to play
(DENIAL OF ACCESS)
Eccky may deny access to the Eccky site and/or Services to anyone, at anytime, at our sole discretion. Eccky will not, in most cases, deny access to the Site arbitrarily. If we deem that you may no longer use our Services, we will let you know by e-mail. At that point, you may not make any further attempts to access our Services, without the possibility of a legal injunction being entered against you, legally barring you from accessing or attempting to access our Services.

10) You must respect applicable law while playing, not just the rules we outline here
(LAWFUL USE)
Players must acknowledge and abide by all applicable laws when playing, in addition to the Terms of Use and House Rules set forth here by Eccky.

11) There are certain things we don’t guarantee, so you can’t hold us responsible
(DISCLAIMERS AND LIMITATIONS ON LIABILITY)
Thought we always strive to keep the Eccky game and Services running and in as good condition as possible, we don’t guarantee a perfectly working site at all times, which means that we will not be held responsible when/if the Services are not working, or not working properly. You assume the entire risk of any of the content on our Site not being entirely accurate, reliable, and correct, or of any part of the Service not being uninterrupted or error-free. Eccky will also not be held responsible for the content on third party sites not being entirely accurate, reliable, and correct, or of any part of a third party’s service not being uninterrupted or error-free. We don’t offer any guarantees or warrantees whatsoever, and do not assume responsibility or liability for any damages, injury, or claims that come as a result of a player’s use or non-use of our Services.

12) Be aware of the Eccky Privacy Policy and what it means for your personal information and privacy rights
(PRIVACY POLICY)
Eccky reserves the right (but does not assume the obligation) to monitor the content and use of our Services by our users to make sure that users are complying with our rules as described here in the Terms of Use. We may monitor use and use any information gathered in such monitoring as we deem appropriate and to the extent permitted by applicable law.

13) We are not responsible for anything contained in third-party websites
(EXTERNAL LOCATIONS/LINKS)
Eccky will at times provide links to other websites, especially those belonging to our sponsors, advertisers, and other affiliates. Though we may provide the link(s), what occurs after you click on a third-party’s link, that is, whatever happens on that outside website, whatever you see, and whatever you do, you do at your own risk. Eccky does not assume responsibility for anything contained on websites external to our own Eccky sites.

15) (GOVERNING LAW)

This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the Netherlands. In addition, we are subject to certain federal and state regulations and local clearing house rules governing the subject matter of the Agreement. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of the Agreement will prevail to the extent any such law, regulation, or rule may be modified by Agreement.

16) We may make changes to our rules at anytime, so make sure you know what those changes are
(ADDITIONS AND MODIFICATIONS)
Eccky has the right to change these Terms of Use at any time in whatever way we see fit. Any change to the Terms of Use take effect when they’re published on the Site. We expect all players to be aware of these Terms of Use at all times, and as these Terms of Use may change from time to time, it’s your responsibility (and that of your parents if you’re under the age of 18) to review this Agreement periodically, so that you’re always up-to-date. Your use of the Services means to us that you agree to the Terms of Use, so make sure you know what they are!

2) RIGHT TO ADJUST FEES
Eccky reserves the right to adjust the fees that we charge for use of and/or access to our Services at any time and without prior warning Currently, we offer Eccky Platinum Membership for 4 prices - $9.95, $24.95, $49.95, and $74.95 This price includes a Eccky Platinum Membership for the corresponding length of time, 300 birth credits for each Eccky they make to be used by the user to purchase clothing and food/drink items for their Eccky. Eccky will, in most cases, alert our users of any imminent price changes as a matter of courtesy.

3) NO-REFUND POLICY
You agree that all purchases of Eccky Platinum Memberships are non refundable. No refunds or exchanges will be given, except at our sole and absolute discretion. You agree that all Eccky credits will be forfeited if your account is terminated for any reason. Your further agree that Eccky credits cannot be used for any purpose other than to purchase food, clothing, and accessory items for your Eccky within the Eccky game.

4) TERM AND TERMINATION
You understand and agree that the act of creating an Eccky user registration profile does not imply any obligation to play the Eccky game. You may play (or not play) Eccky using your Eccky user account. You agree, however, that while you have an active Eccky account, the Eccky Terms of Use set forth here are in full effect and you are bound to the abide by and comply with the Terms of Use.

5) OWNERSHIP AND RIGHTS OF INTELLECTUAL PROPERTY
All site text, software, designs, images, photographs, illustrations, audio recordings or clips, video recordings and/or clips, artwork, graphic material, and/or other copyrightable elements, trademarks, service marks and trade names (the "Materials") on the Eccky site are the property of Eccky, and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to US and foreign copyright and trademark laws. Eccky owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, as well as in the content original to Eccky.

Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may display your personal Eccky-style customized avatar on your own personal web page(s) for your non-commercial and personal use ONLY, as long as you include the text, “Copyright 2007 Eccky All Rights Reserved.” on EVERY page with our pictures and/or text and you link directly to us. Modification of Materials or use of Materials for any other purpose is a violation of Eccky's copyright and other proprietary rights. For purposes of these Terms of Use, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's Eccky account. Further, and depending on the severity of the copyright violation, the offender may be subject to civil liability and criminal prosecution under applicable federal and state laws.
You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Eccky's express prior written consent.

6) USE OF USER SUBMITTED MATERIAL
Eccky does not solicit submissions, including those for creative materials, ideas or suggestions other than those Eccky specifically requests. By uploading or otherwise submitting any materials to us and/or the Site, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to Eccky (and its parent and its or their affiliates, subsidiaries, successors, assigns and licensees) a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used by Eccky, its parent and its and their affiliates, subsidiaries, successors, assigns and licensees, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit. (See Submission Agreement, which is incorporated herein by reference).

7) USAGE RULES
Though Eccky takes measures to keep the Eccky site as safe an internet environment as possible, specific measures must be taken and efforts made by the user community as a whole, and rules set forth that define acceptable and unacceptable user behavior.
Eccky may at times moderate user postings on the Eccky Forum and may filter out inappropriate content from the Forum and profile pages, as necessary. Such moderation and filtering is, however, not our responsibility. It is therefore very important that you as an Eccky player use common sense, and exercise caution and respectful behavior when using the Site and interacting with other Eccky users.

The following are principles that define the Eccky code of conduct: they explain how an Eccky player should and should not behave in every part of the Site. Please familiarize yourself with and be certain to abide by all rules of conduct outlined here. A shortened version of these usage rules can be referred as the Eccky House Rules. You hereby agree to read, understand, and strictly follow these rules in your activity in relation to the Site.

1. You agree not to use (or attempt to use) cheat-, hacking, or scripting programs on the Eccky site.
2. You agree not to attempt to gain unauthorized access into another Eccky user’s account(s), or to ask any other Eccky user for his/her account information.
3. You agree not to place or transmit (or attempt to place or transmit) worms, viruses or other harmful software and/or components onto the Eccky site. You agree not to (and to not attempt to) circumvent any access or use restrictions, data encryption or content protection related to the Services. You agree not to (and to not attempt to) data mine the Services or cause harm to or burden the Services in any way.
4. You agree not to use the Services in any way that abuses, defames, stalks, annoys, threatens or violates the rights of privacy, publicity, intellectual property or other legal rights of others (now or hereafter recognized).
5. You agree not to 'spam' (numerous identical messages) of any kind. This includes abuse of the invite functionality by "spamming" (sending an invite repeatedly to the same person) or the profile messages function (posting the same message repeatedly on someone’s profile page)- this can result in your account being frozen!
6. To the extent that users are able to post and/or exchange information, ideas, and opinions ("Postings") on the Forum and via profile pages, please be advised that Postings do not necessarily reflect the views of Eccky. Although we periodically monitor exchanged and posted information, in no way does Eccky assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Users remain solely responsible for the content of their messages and postings. You hereby waive any objections you might have with respect to viewing such content which you may find offensive. Nonetheless, Eccky will make reasonable efforts to ensure that the Forum serves the best interests of all users and, therefore, Eccky reserves the right to edit, delete, or refuse to post any Posting that violates these Terms of Use, as well as revoke the privileges of any user who does not comply with these Terms of Use.
7. You hereby understand and agree that Eccky does not allow Postings or content on a users’ profile pages that contain and or/constitute:
a. Profanity or obscenities (express or implied)
b. Sexual/pornographic content (express or implied)
c. Comments that slander, defame, threaten, insult, or harass another player (“flaming”), whether individually or as a group
d. Comments that are violent and/or aggressive in nature, or that encourage other users to break or violate any applicable law
e. Political, social, or religious views, opinions, or other commentary
f. Gangs or gang promotion
g. Dating requests or solicitations, for yourself, your Eccky/ies, or anyone else materials created by someone else without their express written permission to be displayed on the Site
h. Chat rooms or links to sites that contain chat rooms
i. Materials created by another person that you do not have permission to use
j. Information that might identify another user
k. requests for passwords and/or other personal information that might identify another user
l. links to or advertisements for third-party commercial web sites
m. promotions anywhere on the Eccky site offering prizes of any kind (including, without limitation, contests, raffles, lotteries or giveaways)
n. Information on “cheats” or “hacks” or links to sites that claim to have or offer these
o. Offers to sell your Eccky account, Eccky(ies), or any other Eccky asset to another person for money, Eccky credits, or any other means of payment
p. Scams of any kind (including requests to users to change their e-mail address)
q. “spamming” (numerous identical messages)
r. “party boards” (group postings often containing inappropriate content)
s. Anything that suggests it's from a member of the Eccky staff or an Eccky character (i.e., impersonation of a member of Eccky staff or an Eccky character)
t. Testing Eccky’s moderation feature (or encouraging others to do so)
u. Encouraging other users to violate any of these House Rules
v. any other information that Eccky deems, in its sole discretion, to be inappropriate for the Site.

8. The same restriction on inappropriate language on your profile page and on the forum, applies for any username you create for your use on your profile page or name(s) that you create for your Eccky/ies. Any user-created username or Eccky name may not contain or otherwise make reference to any of the restricted subject matter areas outlined above.
Eccky also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement or other governmental agency) regarding the content of any post and supplying identifying information regarding such poster to such third party. (Please see the Privacy Policy for further details.)

8) INTERNET SAFETY AND PERSONAL INFORMATION
Eccky encourages you the user to use caution and common sense always when using the Internet, especially when giving out any personally identifying information about yourself or with respect to financial information or transactions. In particular, Eccky expressly discourages users from sharing their own personal information (including but not limited to: one’s e-mail address, physical address, school name, last name, photographs of one’s self, MSN or other instant messenger username or telephone number) with others on the internet without using extreme caution. Eccky also expressly discourages Eccky users from asking other Eccky players for such information.

Please review the Eccky House Rules for further details on how to play safely. Parents of players under the age of 18 are particularly encouraged to develop and enforce guidelines for safe navigation of the internet for their children.

Players may report what they perceive as inappropriate player conduct, as described in these Terms of Use, using our Report Abuse form.

9) DENIAL OF ACCESS
Eccky may decide that any person shall be denied access to any part of the Eccky site and/or Services, for any reason and at its sole discretion. The sending of an e-mail notice by Eccky to the person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Eccky site.

10) LAWFUL USE
Eccky™ is intended for US residents located in the fifty states and the District of Columbia who are 13 years of age or older. You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services. You agree to abide by the Terms and Conditions of this Agreement, the Eccky House Rules, and any additional terms, conditions, rules or procedures imposed by Eccky or by any third-party content providers in connection with third-party content, software or services available on or through the Services.

11) DISCLAIMERS AND LIMITATIONS OF LIABILITY, AND EXCLUSION OF WARRANTY
YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE ECCKY SITE AND SERVICES THEREON ARE PROVIDED ON AN “AS-IS” AND AS-AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ECCKY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, NEITHER ECCKY NOR ITS PARENT OR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT THE FUNCTIONS OF, SERVICES CONTAINED WITHIN, OR MATERIALS ON THIS SITE WILL BE AVAILABLE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECCKY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, ADEQUACY, COMPLETENESS, VALIDITY, OR OTHERWISE. YOU AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, ADEQUACY, COMPLETENESS, AND VALIDITY OF ANY MATERIAL CONTAINED IN THE SERVICES.
ECCKY MAY DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES, AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION MADE AVAILABLE BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S). NEITHER ECCKY NOR ITS PARENT OR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS GUARANTEE THE CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, ADEQUACY, COMPLETENESS, OR VALIDITY THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT, OR WARRANTY WITH RESPECT THERETO. TO THE FULLEST EXTENT PERMITTED BY LAW, ECCKY, ITS PARENT OR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES AND LICENSORS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ECCKY OR ANY THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO USE CAUTION AND YOUR BEST JUDGMENT WITH RESPECT TO ALL THIRD-PARTY COMMUNICATIONS AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER ECCKY NOR ITS PARENT OR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER ECCKY  NOR ITS PARENT OR ITS OR THEIR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ECCKY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL ECCKY HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES.

13) EXTERNAL LOCATIONS/LINKS
The Services may contain links to external locations (other websites). You agree that Eccky is not responsible for the availability of these external locations or for any of the content of these sites. You acknowledge that some external locations may contain materials or communications, which are unedited, untrue, illegal in some jurisdictions, and possibly offensive to you. The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Eccky, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Eccky explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness, quality, or validity of the content contained at these sites. You agree to access external locations at your own risk and not to permit minors (if you are over the age of 18) to have access to material that may be inappropriate for young viewers. Further, Eccky is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Eccky nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. You agree that Eccky shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Eccky.

15) INDEMINIFICATION
You agree to indemnify, defend, and hold harmless Eccky, its parent, its or their affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. Eccky  reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Eccky in asserting any available defenses. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.

17) MISCELLANEOUS
Eccky operates and controls the Site from its offices in the Netherlands, on a server located in the United Kingdom, but the Services are intended for users located in the United States. Eccky makes no representation that the Site is appropriate for or available to users in locations other than the United States. Accordingly, those persons who choose to access the Site from locations other than the United States do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms and Conditions are effective until terminated by either party.
These Terms of Use contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Eccky if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain Eccky credits or Items from the Eccky game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Eccky. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Eccky, you will pay Eccky. You agree that if you use such a program on the eccky.com website, you will pay Eccky liquidated damages for each time you use a program.

18) ADDITIONS AND MODIFICATIONS
You agree to review this Agreement on a regular basis to be aware of Changes (as defined herein). Our employees cannot change the terms of this Agreement except as posted on these Services. Eccky has the right, at any time, to:
- add, change or discontinue any aspect or feature of the Services, including, but not limited to, content, financial terms, availability and equipment needed for access or use;
- impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or;
- impose, change or modify the terms and conditions of this Agreement ("Changes").
Such Changes shall be effective immediately upon notice by posting the Changes on Eccky’s Services or by any other method of notice that Eccky deems appropriate. Any use of the Services by you after notice of the Changes, constitutes acceptance by you of such Changes.