Terms of Service

BY SIGNING UP ON THE FUZZ ACADEMY, YOU AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE. NO USERS UNDER 13 YEARS OLD ARE PERMITTED TO SEE OR SUBMIT CONTENT TO THE FUZZ ACADEMY.

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

The services hereunder are offered by the Fuzz Academy.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. By accessing, browsing, using and/or REGISTERING FOR the Fuzz Academy, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the "TERMS"). If you do not agree to these Terms, THEN please do not use the Fuzz Academy.

Never display any personal information that could be used to find you in the real, off-line, world -- for example, your full real name, mailing or home address, or phone numbers. The only identifiable information we store from you is your email address (your username for logging onto the Fuzz Academy).

1. Privacy Notice. Your privacy is very important to us. The Fuzz Academy encourages users to put privacy locks on their Profile against people they do not know. We do not tolerate abuse or harassment of any player within our social network, and will act accordingly to remove disruptive individuals from the Fuzz Academy's system.

2. Individual Features and Services. When using the Fuzz Academy, you will be subject to any additional posted guidelines or rules including but not limited to the ones described and outlined here (collectively referred to herein as the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

3. Modification of these Terms. The Fuzz Academy reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Fuzz Academy after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Fuzz Academy.

4. Prohibited Conduct -- BY USING THE FUZZ ACADEMY YOU AGREE not TO:

1. "stalk", harass, threaten, or defraud other Fuzz Academy members/cadets
2. send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other Fuzz Academy members/cadets
3. make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Fuzz Academy members/cadets
4. impersonate another person or access another Fuzz Academy member/cadet's account without permission
5. share Fuzz Academy-issued passwords or inside information with a third party or encourage another Fuzz Academy member/cadet to do so
6. misrepresent the source, identity, or content of information transmitted via the Fuzz Academy, for example, claiming a created work as your own that is not yours
8. use the Fuzz Academy for any illegal purpose
9. interfere with any security-related features of the Fuzz Academy
10. intentionally interfere with the operation of the Fuzz Academy or any Fuzz Academy member/cadet's enjoyment of it, or intentionally post inflammatory statements to get responses ("Trolling")

5. Eligibility; Account Information. The Fuzz Academy is designed for persons over the age of 13--persons under the age of 13 are not permitted to use this site. You agree that the information you provide to the Fuzz Academy on registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date as frequently as possible.

6. Password. When you register as a Fuzz Academy member/cadet you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify the Fuzz Academy. You may be liable for the losses incurred by the Fuzz Academy or others due to any unauthorized use of your account.

7. Ownership; Proprietary Rights. The Fuzz Academy is owned and operated by Fuzz Academy. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Fuzz Academy, including without limitation any Artwork, Fuzz Academy virtual items, Fuzz Academy cadet User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any member/cadet Submissions, which are owned by and provided by our Fuzz Academy members/cadets, all Materials contained on the Fuzz Academy are the property of the Fuzz Academy. All trademarks, service marks, and trade names are proprietary to the Fuzz Academy or its affiliates and/or third-party licensors. Except as expressly authorized by the Fuzz Academy, 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.

8. Member/Cadet Submissions.

1. Definition of member/cadet Submissions. The Fuzz Academy may now or in the future permit submissions in blogs, the photo albums, personal ads, chat, messages, etc. by you and other Members/Cadets ("Member Submissions"), and the hosting, sharing and/or publishing of such Member/Cadet Submissions. You understand that whether or not such Member/Cadet Submissions are published, the Fuzz Academy does not guarantee any confidentiality with respect to any Member Submissions.

2. Ownership, Limited License Grants. Members/Cadets retain all ownership rights in their Member/Cadet Submissions.

1. Limited License Grant to the Fuzz Academy. By submitting Member/Cadet Submissions to the Fuzz Academy, you hereby grant to the Fuzz Academy, solely as necessary to provide the features and functionality of the part(s) of the Fuzz Academy within which you choose to make your Member/Cadet Submissions available, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your Member/Cadet Submissions within the Fuzz Academy in any media formats and through any media channels. This license does not grant the Fuzz Academy the right, except in providing the Fuzz Academy online service, to use your Member/Cadet Submissions for any other commercial purposes.

2. Limited License Grant to other Fuzz Academy Members/Cadets. By submitting Member/Cadet Submissions to the Fuzz Academy, in cases where you display your Member/Cadet Submissions for other Members/Cadets to view, or when you directly exchange or otherwise provide your Member/Cadet Submissions to other Members/Cadets as permitted by certain Fuzz Academy functionality and these Terms, you hereby grant to such Members/Cadets of the Fuzz Academy a non-exclusive license to display, reproduce, and perform (if applicable) such Member/Cadet Submissions solely as necessary for such Members/Cadets to participate in the relevant Fuzz Academy functionality or activity.

3. License Termination. The foregoing license granted by you terminates as to a specific Member/Cadet Submission once you remove or delete such Member/Cadet Submission from the Fuzz Academy.

4. Required Rights in Member/Cadet Submissions. You shall be solely responsible for your own Member/Cadet Submissions and the consequences of posting or publishing them. In connection with Member/Cadet Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize the Fuzz Academy and Fuzz Academy's Members/Cadets to use your Member/Cadet Submissions as necessary to exercise the license granted by you in Section 8.2 above and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member/Cadet Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member/Cadet Submissions in the manner contemplated by the Fuzz Academy and these Terms.

5. Member/Cadet Submissions Representations. In connection with Member/Cadet Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Fuzz Academy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Fuzz Academy or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

6. Member/Cadet Submissions Disclaimer. You understand that when using the Fuzz Academy you will be exposed to Member/Cadet Submissions from a variety of sources, and that the Fuzz Academy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member/Cadet Submissions. You further understand and acknowledge that you may be exposed to Member/Cadet Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Fuzz Academy with respect thereto, and agree to indemnify and hold the Fuzz Academy, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Fuzz Academy. The Fuzz Academy does not endorse any Member/Cadet Submission or any opinion, recommendation or advice expressed therein, and the Fuzz Academy expressly disclaims any and all liability in connection with Member/Cadet Submissions. If notified by a Member/Cadet or a content owner of a Member/Cadet Submission that allegedly does not conform to these Terms, the Fuzz Academy may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member/Cadet Submission, which it reserves the right to do at any time. For clarity, the Fuzz Academy does not permit copyright infringing activities on the Fuzz Academy.

9. Messaging and Chat

1. You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, the Fuzz Academy. The Fuzz Academy accepts no responsibility whatsoever in connection with or arising from such Messages. The Fuzz Academy does not endorse and has no control over the content of Messages submitted by others to the Fuzz Academy Chat stream or groups/blogs. Messages submitted to the Chat or Groups/Blogs sections are not reviewed by the Fuzz Academy prior to posting and do not necessarily reflect the opinions or policies of the Fuzz Academy. The Fuzz Academy makes no warranties, express or implied, as to the content of the Messages in the Chat/Groups/Blogs or the accuracy and reliability of any Messages and other user-generated materials in the web site. Nonetheless, the Fuzz Academy reserves the right to prevent Members/Cadets from submitting content to the web site and to edit, restrict or remove such Messages for any reason at any time.

2. The Fuzz Academy assumes no responsibility for actively monitoring user-generated Messages for inappropriate content. If at any time the Fuzz Academy chooses, in its sole discretion, to monitor the web site's user-generated Messages, the Fuzz Academy nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member/Cadet submitting any Message. In submitting Messages to the Chat/Groups/Blogs and Profile Comments, you agree to strictly limit yourself to discussions about the subject matter for which that respective area is intended. You agree that the Fuzz Academy accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.

10. Prohibited Uses.

1. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access the Fuzz Academy from locations outside of the United States 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 or the country in which you reside. Members visiting the Fuzz Academy from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.

2. Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of the Fuzz Academy, you will not use the Fuzz Academy for any purpose that is unlawful or prohibited by these Terms. You may not use the Fuzz Academy in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Fuzz Academy. You may not attempt to gain unauthorized access to the Fuzz Academy, or any part of them, other accounts, computer systems or networks connected to the Fuzz Academy, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Fuzz Academy or any activities conducted on the Fuzz Academy. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Fuzz Academy. You agree neither to modify the Fuzz Academy in any manner or form not intentionally made available through the Fuzz Academy, nor to use modified versions of the Fuzz Academy, including (without limitation) for the purpose of obtaining unauthorized access to the Fuzz Academy.

11. DMCA Notifications. It is the Fuzz Academy's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Fuzz Academy will promptly terminate without notice any Member/Cadet's access to the Fuzz Academy, if that Member/Cadet is determined to be a "repeat infringer." A repeat infringer is a Member/Cadet who has been notified by the Fuzz Academy of infringing activity violations more than twice and/or who has had a Member/Cadet Submission removed from the Fuzz Academy more than twice.

12. Virtual Currency. Throughout your Fuzz Academy experience, you may accumulate "Hairballs," which constitutes a limited license right to use a feature of the Fuzz Academy when, as, and if allowed by Fuzz Academy. Hairballs are the fictional currency used in the Fuzz Academy world and it may be used to purchase virtual goods or virtual services which are stored in the Member/Cadet's inventory and can be used to enhance the look of the Member/Cadet's on-line persona or player, also known as a "cadet." Regardless of terminology used, Hairballs represent a limited license right governed solely under these Terms, has no real value, and is not transferrable or redeemable for any sum of money or monetary value from the Fuzz Academy at any time. You agree that the Fuzz Academy has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Hairballs as it sees fit in its sole discretion, and that the Fuzz Academy will have no liability to you based on its exercise of such rights. The Fuzz Academy may halt, suspend, discontinue, or reverse any Hairball transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with the Fuzz Academy.

15. Violations; Termination. You agree that the Fuzz Academy, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Fuzz Academy or your use of the Fuzz Academy and remove and discard all or any part of your account, Member/Cadet profile, or any Member/Cadet Submission, at any time. The Fuzz Academy may also in its sole discretion and at any time discontinue providing access to the Fuzz Academy, or any part thereof, with or without notice. You agree that any termination of your access to the Fuzz Academy or any account you may have or portion thereof may be effected without prior notice, and you agree that the Fuzz Academy shall not be liable to you or any third party for any such termination. As discussed herein, the Fuzz Academy does not permit copyright infringing activities on the Fuzz Academy, and reserves the right to terminate access to the Fuzz Academy, and remove all content submitted, by any Members/Cadets who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Fuzz Academy may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Fuzz Academy may have at law or in equity.

16. Disclaimers; No Warranties. The Fuzz Academy AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH the Fuzz Academy 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, FUZZ ACADEMY, 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.

THE FUZZ ACADEMY, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN the Fuzz Academy WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT the Fuzz Academy OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FUZZ ACADEMY, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF the Fuzz Academy IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FUZZ ACADEMY 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 the Fuzz Academy 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.

17. Indemnification; Hold Harmless. You agree to indemnify, save, and hold the Fuzz Academy, 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 the Fuzz Academy, 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. The Fuzz Academy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Fuzz Academy, and you agree to cooperate with the Fuzz Academy's defense of these claims.

18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE FUZZ ACADEMY 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 THE FUZZ ACADEMY, OR ANY OTHER INTERACTIONS WITH FUZZ ACADEMY, EVEN IF FUZZ ACADEMY OR A FUZZ ACADEMY 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, THE FUZZ ACADEMY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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 FUZZ ACADEMY AND RECEIVED THROUGH OR ADVERTISED ON FUZZ ACADEMY OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE FUZZ ACADEMY. Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or the Fuzz Academy will be filed only in the state or federal courts in and for Pasadena County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

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.

Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Fuzz Academy without restriction.

The Fuzz Academy will not be held responsible for (1) any content generated by the Fuzz Academy users/members or (2) content that exists through any links posted on the Fuzz Academy website.

The Fuzz Academy and all images associated with the Fuzz Academy are © Copyright 2008 The Fuzz Academy. All Rights Reserved.