Terms of Use

At the Telestrations™ website, which is accessed at www.playtelestrations.com (the “Site”), you have the ability to learn about the Telestrations™ board game, engage in online game play with friends and enter contests. It is very important that you review the following rules so that you know what you can and cannot do on the Site. By using this Site, you agree to abide by the terms and conditions set forth in these Terms of Use.

The Site is fully controlled and operated by USAopoly, Inc. (referred to as "USAopoly" "we," "us," and "our"). We reserve the right to change these Terms of Use and any other rules applicable to the Site from time to time. It is your responsibility to check these Terms of Use and all other rules regularly for changes. If you disagree with any changes, you should stop using the Site. If you continue to use the Site after we make any changes, you will be agreeing to the changes and the revised Terms of Use or rules. The date on which these Terms of Use were last updated is at the bottom of this page.

Our Privacy Policy is a part of and is incorporated into these Terms of Use.

CODE OF CONDUCT

Because we have online game activities that allow you to create sketches and send them to other people, we have adopted a Code of Conduct to help ensure that this Site is used in a safe and enjoyable fashion by all persons. With respect to all use of this Site, you agree that you will:
Use this Site in a way that does not offend anyone or interfere with anyone’s use of this Site;
Use the online game activities of this Site to contact only those people whom you personally know and who have previously given you permission to contact them by email;
Not upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials to or through this Site that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of anyone, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
Not use this Site in a way that is abusive or could be considered spam;
Never reveal any personal information about yourself to other users online;
Not attempt to circumvent the security systems of this Site;
Not attempt to use this Site in an unauthorized or fraudulent manner;
Not attempt to use this Site for any purposes other than those intended by us; and
Not upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
The determination as to whether you or any other person is or is not complying with the Terms of Use, including this Code of Conduct, will be made by USAopoly in its sole and absolute discretion. We will have no liability to you as a result of (i) any determination that you have violated the Terms of Use; (ii) any determination that any other person has not violated the Terms of Use; or (iii) any failure by USAopoly to enforce the Terms of Use. You assume all risks of harm, injury or damage associated with or caused by your or any other person’s failure to comply with the Terms of Use, including this Code of Conduct.

OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE

All Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names (the "Materials") are the property of USAopoly and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Without limiting the generality of the foregoing, TELESTRATIONS and the Telestrations logo and character are trademarks of USAopoly.

These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Site will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to the Site or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. All rights in the Materials and Site are reserved to USAopoly.

USAopoly hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or USAopoly, provided that "Copyright 2009 USAopoly. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. Modification of Materials or use of Materials for any other purpose is a violation of USAopoly'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 or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. 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 USAopoly’s express prior written consent. Unauthorized or prohibited exploitation of Materials may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

USAopoly respects the intellectual property of others. If you believe that the Site contains elements that infringe your copyrights in your work, please follow below in Claims of Copyright Infringement.

USAOPOLY’S USE OF USER SUBMITTED OR CREATED MATERIALS; NO COMPENSATION

By uploading or otherwise submitting any materials to us and/or the Site or creating any materials on or through the Site, including but not limited to sketches and guesses (collectively, “User Created Materials”) you automatically grant (or warrant that the owner of such rights has expressly granted) to USAopoly 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. There is no contract, implied or otherwise, that we will compensate you for the use of any materials submitted by you and, pursuant to the foregoing, we will not compensate you for any such use.

RESPONSIBILITY FOR USER CREATED ITEMS

This Site provides users an opportunity to create, submit and distribute sketches, writings in the form of guesses, and other items (defined above as “User Created Items”). Please be advised that User Created Items do not necessarily reflect the views of USAopoly. Although we periodically monitor the content of User Created Items, in no event does USAopoly assume or have any responsibility or liability for any User Created Items or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their User Created Items. Nonetheless, USAopoly will make reasonable efforts to ensure that the User Created Items serve the best interests of all users and, therefore, USAopoly reserves the right to edit, delete, or refuse to allow any User Created Items that violates these Terms of Use, as well as revoke the privileges of any user who does not comply with these Terms of Use. USAopoly 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) regarding the content of any User Created Item and supplying identifying information regarding such user to such third party. Please see the Privacy Policy.

You hereby understand and agree that USAopoly does not allow User Created Items that contain:
profanity, obscenities, or sexual content (express or implied);
religious, political, or social commentary;
personal attacks on other people (individually or as a group);
slanderous, defamatory, obscene, pornographic, threatening or harassing suggestions, comments or images;
materials created by someone else without their express written permission to do so;
private or personal information that might identify you or another user;
links to or addresses of other web sites;
any form of software or computer functionality beyond the image itself;
promotions or advertisements of any kind; or
anything else that USAopoly deems, in its sole and absolute discretion, to be inappropriate for the Site.

The User Created Items and the functionality to create User Created Items may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any User Created Items containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising, or solicitations of any kind or nature. You specifically acknowledge that soliciting other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.

DISCLAIMERS AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USAopoly DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USAopoly DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USAOPOLY 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, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT USAOPOLY) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

TO THE EXTENT THAT YOU COMMUNICATE WITH USAOPOLY’S CUSTOMER SERVICE DEPARTMENT OR A USAopoly REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF SERVICE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, USAopoly, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS 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 USAOPOLY OR ANY THIRD PARTY AND REGARDLESS OF WHETHER USAOPOLY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL USAOPOLY 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.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by USAopoly, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. USAopoly explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, USAopoly 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 USAopoly 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.

USAopoly encourages discretion when browsing the internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, USAopoly cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will USAopoly be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

USAopoly cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from USAopoly, since such sites are owned and operated by third parties. USAopoly does not endorse any of the merchandise or services, nor has USAopoly taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. USAopoly does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against USAopoly with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please make sure you review USAopoly’s Privacy Policy for all details regarding USAopoly’s use of your personal information.

UNAUTHORIZED LINKS TO SITE

You agree not to link to any pages within the Site without USAopoly’s express written approval. If you do not receive such express written approval prior to linking to an internal page on the Site, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the Site, without USAopoly having to post any bond or other surety therefor.

ADS AND MALWARE

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware – short for MALicious softWARE – is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.

DENIAL OF ACCESS

USAopoly, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Site. The sending of an email notice by USAopoly to any email address associated with any behavior which USAopoly deems unacceptable, in its sole and absolute discretion, 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 Site, without USAopoly having to post any bond or surety therefor.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless USAopoly, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers 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. USAopoly 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 USAopoly in asserting any available defenses.

JURISDICTION

The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in San Diego County, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, USAopoly shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Use.

CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole and absolute discretion, of users who are infringers of copyright. Notifications of claimed copyright infringement must be sent to the Service Provider's Designated Agent:

Service Provider: USAopoly
Name of Agent Designated to Receive Notification of Claimed Infringement: ___________
Full Address of Designated Agent to Which Notification Should be Sent:
USAopoly
5607 Palmer Way
Carlsbad, CA 92010
USA
Telephone Number of Designated Agent: (760) 431-5910
Facsimile Number of Designated Agent: (760) 431-5880
E-Mail Address of Designated Agent: customerservice@usaopoly.com

To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a physical address if we have one in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which USAopoly may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

MISCELLANEOUS

USAopoly operates and controls the Site from its offices in Carlsbad, California, in the United States of America. USAopoly makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is 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, Libya, 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 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 USAopoly 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 these Terms of Use is found to be illegal or unenforceable, the Terms of Use will be curtailed to the limited extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

In interpreting these Terms of Use, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Terms of Use in other languages, the Terms of Use in English governs.

Updated: November 1, 2009.