Terms of Service

Updated April 26th , 2010

This Terms of Service (“Terms”) is a legally binding agreement that governs your use of typhondigital.com, Fantasy DJ and/or the games and applications offered by Typhon Mobile S.L. (“Typhon”) and accessed through third party web sites (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms.

1) Access to Typhon Service

a) Subject to your acceptance of these Terms, Typhon grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.

b) Typhon reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which Typhon had actual notice on the date of amendment.

c) We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on www.typhondigital.com or within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at www.typhondigital.com. You agree that you will, 1) periodically check www.typhondigital.com for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.

d) Typhon reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

e) You agree to be bound by any application, forum, or game specific rules published within the Service.

f) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of Typhon’s copyrights in and to the Service. Typhon reserves the right to terminate your access to the service without notice if you violate these Terms.

g) You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

2) Ownership of Intellectual Property

a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Typhon Mobile S.L. and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the Spanish copyright laws and/or similar laws of other jurisdictions. Typhon Digital, Fantasy DJ, the Typhon Digital logo, the Fantasy DJ logo, and all game names are trademarks of Typhon Mobile S.L. and may not be used without the express written permission of Typhon Mobile S.L (Typhon)

b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.

c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Typhon.

d) All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Typhon in connection with the use of the Service shall be the exclusive property of Typhon. You agree that unless otherwise prohibited by law Typhon may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

e) Users will not use a name which (I) belongs to another person with the intent to impersonate that person; (II) contains, or is substantially similar to a trademark or service mark, whether registered or not; (III) that incorporates a word or is otherwise offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (IV) belongs to a popular culture figure, celebrity or media person; (V) belongs to any religious figure or deity; (VI) comprises gibberish; (VII) in any way infringes these User Agreement.

3) In-Game currencies/goods

a) The Service may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Typhon. for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Typhon. for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Typhon or any other party.

b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

c) Typhon has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Typhon shall have no liability to you or anyone for the exercise of such rights.

d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Typhon Services and possible legal action.

e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Typhon’s sole and absolute discretion, or if Typhon discontinues providing the Service.

4) User Content

“Content” shall mean the software, communications, images, sounds, and all the material and information you see on the Typhon sites, whether provided by Typhon or by users of the services. You bear the entire risk of the completeness, accuracy or usefulness of content found on Typhon sites. Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate content for the Typhon sites.

a) The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Typhon and/or to or via the Service, including, without limitation, mixes or songs, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to Typhon will be treated as non-confidential and non-proprietary.

b) You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Typhon incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

c) You grant Typhon the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.

d) Typhon has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Typhon does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

e) The service, including, without limitation, all software and content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, mixes, text). The entire contents of the service and each area contained therein are copyright protected as a collective work under the laws of Spain. Typhon owns a copyright in the selection, coordination, arrangement and enhancement of such content. You acknowledge that Typhon and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on The Service and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.

f) Typhon has no obligation to accept, display, review, monitor, or maintain any User Content. Typhon has the right to delete User Content from the Service without notice for any reason at any time. Typhon may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Typhon reserves the right to treat User Content as content stored at the direction of users for which Typhon will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Typhon's attention.

g) You acknowledge that you do not rely on Typhon to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

5) Posting on Other Web Sites

a) You are granted a limited revocable license to post an image of your personal avatar, personal mix/mixes avatars and/or screen shot from your account, a link to your personal profile and/or to your mixes , within the Service and any other materials that Typhon specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to Typhon, (ii) does not criticize or injure Typhon, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of Typhon's rights and remedies are expressly reserved, and Typhon may revoke this limited license, in whole or in part, upon notice.

b) Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your personal and/or mix avatars, links to your personal profile and/or mixes and/or screen shots on an Authorized Web Site:

i)You must display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and

ii) You agree to include, and not remove or alter, Typhon's trademark, copyright or other proprietary rights notices, as provided by Typhon on the Service and within e-mail page(s), when displaying an avatar, logo or images from a Typhon game, and you agree to comply with usage guidelines that may be provided by Typhon from time to time. You agree that all goodwill that arises in connection with your use of Typhon's trademarks inures exclusively to Typhon, and you agree not to challenge Typhon's ownership or control of any Typhon trademarks, nor use or adopt any trademarks that might be confusingly similar to such Typhon’s trademarks.

6) Usage Rules

a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Service.

b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:

i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;

ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;

iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;

iv) promote violence or describe how to perform a violent act

v) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or

vi) be in violation of these Terms or the game rules of conduct (collectively "Content Restrictions").

c) You and your activities on the Service will not:

i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;

ii) attempt to impersonate any other party;

iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;

iv) trick, defraud or mislead Typhon and other users, especially in any attempt to learn sensitive account information such as passwords;

v) make improper use of Typhon's support services or submit false reports of abuse or misconduct;

vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;

vii) disparage, tarnish, or otherwise harm, in Typhon's opinion, Typhon and/or the Service;

viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Typhon on the Service;

ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;

x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;

xi) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or any other code;

xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;

xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");

xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

xv) cover or obscure any notice, banner or advertisement on the Service;

xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;

xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;

xviii) sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or

xix) engage in cheating or any other activity deemed by Typhon to be in conflict with the spirit or intent of the Service.

d) Typhon does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Typhon specifically disclaims any responsibility with regard thereto.

7) Privacy and Protection of Personal Information.

a) Typhon respects the privacy of visitors to our game. Information collected from you is subject to the pertinent social network’s policy. By playing the game, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with Typhon. Please see Typhon's Privacy Policy at www.typhondigital.com for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Typhon collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of Typhon's Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to privacy (at) typhondigital.com.

8) Account Responsibility

a) This Service is offered through various social networks. The Service is only available to persons who are registered members of the social network through which they access the game and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service (“Account”), you agree to:

i) provide true, accurate, current and complete information about yourself ( "Registration Data"); and ii)maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

b) Users that maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or Typhon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Typhon has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Provider reserves the right to terminate accounts that have been inactive for 180 consecutive days.

9) Disputes with Others

a) Typhon reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Typhon and hereby agree to indemnify Typhon from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10) Disclaimers; Limitations; Waivers of Liability

a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER TYPHON NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "TYPHON PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

b) 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 SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE TYPHON PARTIES SHALL NOT 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 SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE TYPHON PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TYPHON PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

c) UNDER NO CIRCUMSTANCES WILL THE TYPHON PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TYPHON IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

11) Indemnification

Upon Typhon's request, you agree to defend, indemnify and hold harmless Typhon and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through the Service.

Without limiting the generality of the foregoing, you agree to indemnify and hold Typhon harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Typhon Service and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless Typhon, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Typhon Services, including any Content that you contribute.

Typhon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Typhon in that matter. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

12) Governing Law

a) This User Agreement and your Account(s) ; and You expressly agree that exclusive jurisdiction for any claim or dispute with Typhon or relating in any way to your Account(s) or your use of Typhon Services resides in the Courts of Spain, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Spain in connection with any such dispute including any claim involving Typhon or its affiliates, employees, contractors, officers, directors, vendors and content providers. Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).

The laws of your country may be different from Spanish law. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and application. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts located in Madrid, Spain, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts located in Madrid, Spain.

b) You acknowledge that the rights granted and obligations made hereunder to Typhon are of a unique and irreplaceable nature, the loss of which shall irreparably harm Typhon and which cannot be replaced by monetary damages alone so that Typhon shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

13) General Terms

a. Remedies.

You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the Typhon Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including Typhon's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

b. Severability.

If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Typhon, and the remaining portions shall remain in full force and effect.

c. Waiver.

The failure of Typhon to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Typhon.

14) Miscellaneous

a) Typhon operates and controls the Service from its offices in Spain. Typhon makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Typhon to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations 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 the Service may be subject to Spain export controls and export controls of other jurisdictions. By downloading Typhon Software from Typhon, you warrant that you are not located in any country, or exporting Typhon Software to any person or place, to which the European Union, the United States, or any other jurisdiction has embargoed goods.

You agree to abide by Spain’s and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Typhon Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Typhon Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

15) SUPPLEMENTAL TERMS

Additional Terms and Conditions for Specific Typhon Services

Certain Typhon Services may require you to read and agree to terms and conditions that are specific to that Typhon Service. Your right to use that Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Typhon will be the final and sole arbiter of any such inconsistencies.

Beta Tests

Typhon might release a Beta version software prior to commercial release. As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.

By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Typhon has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) Typhon ’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

Besides, in its sole discretion, Typhon may contact you to review and evaluate aspects of Typhon games, or online features, for the purpose of identifying program errors. You will be asked to provide to Typhon (and to Typhon only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s).

You understand and agree that the pre-release materials provided to you are confidential or proprietary information of Typhon . You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release material and or any confidential or proprietary information, (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Typhon , and Typhon is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Typhon publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

Upon request, you agree to immediately return to Typhon all confidential or proprietary information Typhon provided to you.

16) Statute of Limitations

a) You and Typhon both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

17) Contests, Sweepstakes, and Promotions

From time to time you may be able to participate in contests, giveaways, sweepstakes or other similar promotions we sponsor. Participation may require sharing your personal information with us or third parties sponsoring the contest, giveaway, sweepstakes or promotion, and you should check the rules to determine how your information will be used and shared with others. Typhon may announce specific rules in connection with any such opportunity, but regardless of whether specific rules are announced, all such opportunities will be controlled by Typhon's "Contest Policies" set forth at typhondigital.com/contest. Any rules announced at the time of a contest will be addition to the Contest Policies. In addition, as a condition to receiving any awards or prizes, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in marketing materials. If a third party administers the contest, your participation may be subject to additional terms and conditions and that third party's privacy policy. We are not responsible for such third parties. You should carefully review the Contest Policies and these third parties' terms and conditions before deciding whether to participate in a contest publicized through the Service.

18) Entire Agreement

The Terms of Service (including the Privacy Policy, Digital Services agreement and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and Typhon Mobile S.L. relating to your rights and obligations in the use of the Service. If there is any conflict between the Terms of Service and any other rules or instructions posted on a Typhon Service, Typhon Mobile shall resolve the conflict in its sole discretion.

Bookmark typhondigital.com/terms and visit this site regularly for updates to the Terms of Service.