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TERMS OF SERVICE

(Effective Date: June 9th, 2010)

1.GENERAL

1.1.1 GCREST America, Inc., a California corporation ("Company") maintains these Terms of Service ("TOS") that describe the terms and conditions applicable to the use of TinierMe™ online game(s), activities and related products and services (collectively, the "Service") made available at the TinierMe™ website at www.tinierme.com (the "Website").  Your use of the Service is subject at all times to these TOS, the Website Privacy Policy and any applicable end user licensing agreements ("EULA"). Any inconsistencies between the TOS, Website Privacy Policy or any EULA shall be resolved by Company at its sole and absolute discretion.

1.1.2 By using the Website, registering for a Service account or using, licensing and/or downloading any Company product or service, you are agreeing to be bound by these TOS and represent that you have read and understood these TOS. If you do not understand or agree to be bound by (or cannot comply with) any part of the TOS described herein, please exit from the Website. Your continued access of the Website, registration for a Service account or use, license and/or download of any Company product or service shall be deemed to constitute your agreement to be legally bound by these TOS, as they may be amended from time to time. Any references herein to "you" and "your" refer to both you and such person and entity on whose behalf you act, if any, and by accessing the Website, registering for a Service account, or using, licensing or downloading any Company product or service, you represent and warrant that you are authorized to bind such entity on whose behalf you act to these TOS.

2. ACCOUNT AND SERVICES

2.1 Account Registration

2.1.1 To initiate the registration process, you must enter your valid email address at the initial registration page on the Website. You will then receive a link to the Service registration page via email. To establish an account ("Account") with which to access the Service and become an official user ("User"), you must then complete and submit the information requested on the Service registration page.

2.1.2 Your Account allows you to participate in certain games, activities and other services made available as part of the Service. To create an Account, you must complete the User profile, including selecting a User ID and password. Your User ID is your Service identity. You may not use a User ID that is used by someone else, and your User ID cannot be vulgar, or otherwise offensive, or be used in any way that violates these TOS. You must provide truthful and accurate information during the Account registration process, including, without limitation, your age.

2.1.3 Notwithstanding anything to the contrary, Company may approve or reject your Account registration application for any reason or no reason at its sole and absolute discretion. All such decisions shall be final and under no circumstance shall Company be obligated to provide any information regarding its decision-making process.

2.1.4 Upon Company´s approval of your Account registration application, your Account will become valid and you will become an official User. Thereafter, you may access the Service in accordance with these TOS.

2.1.5 You are solely responsible for all activity on your Account and for the security of your computer system and your User profile information. You may not reveal your User profile, including your User ID and/or password, to other Users or permit others to access your Account. Company will not ask you to reveal your password. If you forget your password, please click "Forgot your ID/Password?" at www.tinierme.com to have your User ID and/or password sent to your registered email address.

2.1.6 You are solely responsible for keeping your User profile and other information related to Account current. You hereby agree to promptly update your User profile, including providing updated billing information. If any of your User profile information is stolen or used by a third party, you hereby agree to immediately notify Company at support@tinierme.com.

2.1.7 Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall be owned solely and exclusively by Company. No rights conferred to the User in connection with the Service (including any Content (defined below)) may be transferred or assigned by the User (by operation of law or otherwise including at the time of cancellation of your Account) to any third party without the prior written consent of Company.

2.2 Account Cancellation

2.2.1 You have the right to cancel your Account at any time. You understand and agree that unless otherwise expressly provided for in these TOS, the cancellation of your Account is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (1) any term of these TOS or Company's enforcement or application of these TOS; (2) the Content (defined below) available through the Service; (3) your ability to access and/or use the Service; and/or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

2.2.2 You may cancel your Account by delivering a cancellation notice by entering your User ID, password and email address in the Closing your TinierMe Account page on the Website. All other notice methods for cancellation shall be void unless expressly authorized by Company in advance. Account cancellation shall become effective upon Company´s receipt of an authorized cancellation request. Company reserves the right to collect accrued fees and charges and costs incurred by Company before the Account cancellation becomes effective. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation.

2.2.3 You acknowledge and agree that Company may cancel your Account(s) in the event that: (1) you violate any part of these TOS, (2) Company receives a cancellation request as provided above, or (3) more than one (1) year has passed since you last logged in to your Account. 

2.2.4 Upon cancellation of your Account, Company may remove or delete your Account, Content (including all G-Coins™ and Chibi Coins™) and any other information related to your use of the Service. Under no circumstances shall Company be responsible for storing any such Account, Content or other information following cancellation of the Service. Moreover, you may not re-register to obtain a new Account without Company´s express permission. Furthermore, no online time or other credits (e.g., points in a game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account, Content or any other information within the Services associated with it.

2.2.5 In addition, active Users may not allow any former User whose Account has been terminated by Company to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved disputes must be settled before Company will allow you to register again. Finally, Company reserves the right to terminate any and all accounts that share a name, phone number, email address, internet protocol address, credit card number, or PayPal ID with a canceled Account.

2.3 Charges and Billing Information

2.3.1 You may create an Account without paying any fees. However, Company may charge usage fees to access certain parts of the Service (see Section 2.4 Usage Fees/G-Coins™ below). Any applicable fees and other charges are payable in advance and are non-refundable unless expressly provided otherwise herein. Company may, from time to time, amend or supplement its fee and billing methods, and will post notice of any such changes on the Website and in these TOS. Such amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your Account at any time, but Company will not refund any fees that may have accrued to your Account before such cancellation, and Company will not prorate fees for any charges.

2.4 Setup and Maintenance of Equipment

2.4.1 You shall be solely responsible for and bear all expenses related to preparing any necessary hardware, software, internet connections required for the use of the Service. In addition to the foregoing, you hereby acknowledge and agree that you shall solely be responsible for and bear all telecommunication expenses, including, telephone charges, Internet connection charges and electricity charges, arising out of your use of the Services.

2.5 Usage Fees/G-Coins™

2.5.1 To access certain premium parts of the Service ("Premium Content") you must pay certain usage fees to Company (collectively, "Usage Fees"). Detailed descriptions of such Premium Content, Usage Fees applicable to such Premium Content, and applicable expiration of use rights (if any) are described on the Website.

2.5.2 Usage Fees must be paid using a virtual currency called G-Coins™, which is available for purchase on the Website. The exact amount of G-Coins™ required for each transaction will be specified on the Website.

2.5.3 Each G-Coin™ is valid for one (1) year from the later of: (1) the day of purchase by the User or (2) the last day of use. G-Coins™ are valid only while the User´s Account is valid, and if the User´s account is canceled or if the User fails to use a G-Coin™ for one year from the last time he or she used a G-Coin™ or the purchase date, whether or not he or she logged in to the Services during that time, the User loses the right to use his or her remaining G-Coins™, without any prior notice or demand.

2.6 Chibi Coins™

2.6.1 Chibi Coins™ are an incentive Company may award to a User for certain activities (such as the use of diaries or paid content, or purchase of products or services advertised by a sponsoring company ("Sponsor Company")) that the User has performed in connection with the Service. Company does not grant the User permanent or physical ownership rights to Chibi Coins™, rather Company allows the User to use Chibi Coins under certain conditions.

2.6.2 Each Chibi Coin™ is valid for six (6) months from the date it is awarded to the User. Any expired Chibi Coins™ may be deleted at Company´s discretion. Chibi Coins™ are valid only while the User´s Account is valid.

2.7 Sponsored Offers and Tasks

2.7.1 In addition to those conditions which may be specified on the Website, to obtain Chibi Coins™ and/or G-Coins™granted for the purchase of a product or service of a Sponsor Companyor completion of a task specified by a Sponsor Company:

(1) The User must perform an activity that meets the award criteria separately specified by Company and/or the subject Sponsor Company (at their sole discretion). Each Sponsor Company will then determine at their own discretion whether the User meets such award criteria. All such decisions are final and under no circumstance shall Company or the subject Sponsor Company be obligated to provide any information regarding the decision-making process.

(2) For Chibi Coins and/or G-Coinsawarded for the purchase of a product or service from a Sponsor Company or completion of a task specified by a Sponsor Company, a valid contract allowing advertising within TinierMe must be in effect between Company and the Sponsor Company.

2.7.2 Previously awarded Chibi Coins and/or G-Coinsmay be canceled or the award of Chibi Coins and/or G-Coinsmay be postponed if: (1) Company or a Sponsor Companyjudges that the User does not meet the conditions for the award of Chibi Coins and/or G-Coinsor (2) the User gained the Chibi Coins and/or G-Coinsby violating any part of these TOS.

2.7.3 Neither Company nor Sponsor Companies shall be liable to the User for any delays in the award of Chibi Coinsand/or G-Coins.

2.8 Payment Methods

2.8.1 Subject to technical problems and revisions to payment policies which may be instituted by Company at any time and without notice, you may pay for any applicable fees and charges, including fees for purchase of G-Coins™, by major credit card, PayPal®, and/or any such other methods expressly authorized by Company.

2.8.2 Any dispute arising between you and any third party payment provider (including a credit card company) shall be resolved directly between you and such third party provider. Under no circumstances shall Company be liable for any obligations incurred by you to such third party provider in connection with the use of the Service. You agree to indemnify and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys´ fees, from third parties arising from such dispute.

2.9 Refund Policy

2.9.1 Unless you can prove that you have been victimized by identity theft or another crime in connection with your Account, all fees and/or charges you have incurred through your Account are non-refundable, including at the time of cancellation of your Account. Notwithstanding anything to the contrary, Company may reject any refund request if, in its reasonable judgment, Company does not agree with your claim that an identity theft or crime has occurred. All such decisions shall be final and under no circumstance shall Company be obligated to provide any information regarding its decision-making process.

3. MODIFICATIONS AND NOTICES

3.1 Service Modifications

3.1.1 Company may at any time and from time to time revise, supplement, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. For example, Company may from time to time temporarily interrupt or suspend all or part of the Service without prior notice for the following reasons: (1) regular or unscheduled maintenance, or (2) due to fire, power failure, natural disaster, wear, labor dispute or other unforeseen events, or events Company cannot control that make the operation of the Service impossible or commercially impracticable.

3.1.2 You agree that neither Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service. Moreover, under no circumstances shall Company be responsible for recovering any Content that was deleted or modified due to the causes described in the foregoing paragraph, by a third party, or by the User.

3.1.3 Company, at its sole discretion, may remove or delete any and all of a User´s Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the Website or the Service, or any component thereof, requires maintenance or upgrades.

3.2 TOS Amendments and Supplements

3.2.1 Company carries out periodic revisions and improvements to the Website and may amend and supplement these TOS accordingly. Company will make an announcement within the Website, or by any such alternative methods as Company, in its sole and absolute discretion, deems reasonable, when it makes any such amendments or supplements to these TOS. Such amendments and supplements shall be effective immediately upon posting on the Website or if an alternative method is used, upon receipt of such amendment or supplement notice by the User. Please ensure that you periodically check for these notices. If you do not agree to be bound by (or cannot comply with) these TOS as amended or supplemented, you agree that your sole remedy is to cease using the Services and to cancel your Account. Your continued use of the Services constitutes your agreement to be bound by the amended or supplemented TOS.

4. ONLINE CONTENT AND CONDUCT

4.1 Website Content

4.1.2 In these TOS, the term "Content" means all of the games, in-game items, G-Coins™, Chibi Coins™, software, and User Content (defined below) including communications (such as forums, chat rooms, diaries and postings), images and sound, and all the material and information you see on the Website and as part of the Service.

4.1.3 Company does not pre-screen all User and third-party generated Content. You shall be responsible for the completeness, accuracy or usefulness of Content found on the Website and as part of the Service. Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Website. Content standards may vary depending on where you are accessing the Services from, the type of game you are playing and the expectations of the local community in which you reside. Some game play and chat rooms may involve use of stronger language than others, including expletives. We request that you always use your best judgment in providing or utilizing Content and engaging in other conduct in connection with the Service.

4.1.4 Company may monitor any Content on the Service at any time, but Company cannot monitor all of the Content on the Service, and does not attempt to do so. If you encounter any Content that you do not agree with or find objectionable, please report it to the game support team for the area in which the incident occurred. Company does not endorse, approve, or prescreen any Content that you or other Users communicate on the Service. Company does not assume any responsibility or liability for Content that is generated by Users. We reserve the right to remove Content that is objectionable to us at our sole and absolute discretion. Company does not assume any liability for any failure to remove, or any delay in removing, any Content.

4.2 Public Nature of Communications

4.2.1 You acknowledge and agree that your communications with other Users via any channel of communication on the Service are public and not private, and that you have no expectation of privacy concerning your use of the Service. You acknowledge that personal information that you communicate on the Service may be seen and used by others and result in unsolicited communications. Therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on the Service. You are solely responsible for these communications and their legality under all applicable local, national and international laws and regulations. Company is not responsible for information that you choose to communicate to other Users on the Service, or for the actions of other Users.

4.2.2 For information regarding Company´s use of information collected in connection with the Services, please refer to Company´s Privacy Policy.

4.3 Online Conduct

4.3.1 You agree that you will be personally responsible for your use of the Services and for all of your Content and online activity on the Service, and that you will indemnify and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from such conduct. Specifically, you agree to comply with all applicable laws, rules and regulations governing your use of the Service, including the disclosure and use of third party property, including any and all intellectual property rights embodied therein.

4.3.2 In addition, you agree not to engage in any of the following:

(1) You agree not to post, transmit, promote, or distribute illegal Content.

(2) You agree not to harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another User or Company or affiliate´s employee or agent.

(3) You agree not to transmit or facilitate the distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.

(4) You agree not to infringe upon the intellectual property rights of Company or any third party.

(5) You agree not to access, alter, delete or cancel another User´s Account, or any User profile information or User Content.

(6) You agree not to disrupt the flow of communication in chat rooms, SELFY TOWN, forums, groups, diaries, guest books or anywhere else by using vulgar or abusive language, by hitting the return key repeatedly, by posting large images that cause the screen to go by too fast to read or stretch, by using all caps in an attempt to disturb other Users, by sending spam, by posting large amounts of text (flooding) or repeatedly posting the same, similar, or unnecessary text.

(7) You agree not to impersonate other Users, indicate that you are a Company or affiliate employee or agent, or attempt to mislead Users by indicating that you represent Company or any of Company´s licensors or affiliates.

(8) You agree not to attempt to get a User ID, password, email address or any other Account information, or any other personal or private information from a User of the Services.  Company employees will NEVER ask for your password. Don't give your password, User ID, registered email address, or billing information to anyone.

(9) You agree not to upload any Content that you do not own or have the right to freely distribute.

(10) You agree not to engage in, claim to engage in, promote, or encourage any illegal or fraudulent activity including hacking, cracking, phishing, distribution of counterfeit software, and/or identity theft.

(11) You agree not to upload files or display URLs that may contain or lead to a virus or viruses or corrupted data. You also agree not to display URLs that lead to content that is inappropriate for the Website, as outlined in these TOS.

(12) You agree not to post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, and/or pyramid schemes.

(13) You agree not to make any commercial use of the Service, including using the Service as a computer gaming center activity, without the express written consent of Company.

(14) You agree not to improperly use Service customer support resources to make false reports to Company.

(15) You agree not to use or distribute "auto" software programs, "macro" software programs or any other cheat utility software program or applications.

(16) You agree not to modify, reproduce, distribute, delete or create derivative works of the Service, Website or any Content displayed therein, or any component thereof.

(17) You agree not to attempt (or authorize, encourage or support others´ attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or any component thereof.

(18) You agree not to post or communicate any User´s real-world personal information within the Service or any other part of the Website.

(19) You agree not to interfere with, hack into or decipher any transmissions to or from the servers running the Service.

(20) You agree not to exploit any bug in the Service or in any Company product to gain unfair advantage in a game or for commercial purposes. You agree not to communicate the existence of any such bug or bugs (either directly or through a public posting, on the Website or elsewhere) to any other User or third party.

(21) You agree not to attempt to play any game on or through any service that is not controlled or authorized by Company. You will not participate in any online service that provides online features or game play for a game that is not authorized by that Company.

(22) You agree not to do anything that interferes with the ability of other Users to enjoy playing games and using the Service, or that materially increases the expense or difficulty of Company in maintaining the Service for the enjoyment of all its Users.

(23) You agree not to sell, purchase, gift or exchange Service-related items (including Content or Account(s)) for real money, G-Coins, or items or accounts from any other website.

(24) You agree not to copy, sell, assign, lease, license or grant a security interest in the Services or any part thereof (including any Content or Account).

(25) You agree not to modify or remove any copyright, patent, confidentiality, or other notices, labels or legends on the Website.

(26) You agree not to host intercept, emulate or redirect the communication protocols used by Company or its licensors in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to a game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks.

(27) You agree not to create or maintain, under any circumstance, any unauthorized connections to a game or the Service. All connections to a game and/or the Service may only be made through methods and means expressly approved by Company. Under no circumstances may you connect, or create tools that allow you or others to connect, to a game´s proprietary interface or interfaces other than those expressly provided by Company for public use.

(28) You agree not to use the Services as a matchmaking service or dating service, or to solicit dates.

(29) You agree not to add content to your profile or anywhere else on the Service that obscures or hides Service logos, trademarks, buttons, links or banners, or alters the format or appearance of the Service in any other way. Company reserves the right to delete any such User Content at its sole and absolute discretion and without informing Users.

(30) You agree not to tell anyone, including staff, your password, and not to enter your password in any website or form outside of the Website or in any survey, either inside or outside of the Website.

4.3.3 If you encounter another User who is violating any of the clauses found in this Online Conduct section, please report them immediately to Company at support@tinierme.com.

4.3.4 YOU AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE RULES.

4.4 Personal Use

4.4.1 The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service. Specifically, you may not use any area of the Service to collect information about Users, including User IDs, email addresses, and passwords, or use such information to send unsolicited e-mail or for any other purpose. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service or any component thereof. You agree to advise Company promptly of any such unauthorized use(s) or attempt(s).

4.5 Liability Under Computer Fraud and Abuse Act

4.5.1 The use of machines, computers, scripts or any automated system on the Service is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code (the "Act"). You may only play games made available through the Services with one type, version or copy of the client application at any one time.

4.5.2 Moreover, any of the following actions may subject you to liability, including penalties, under the Act:

(1) knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and by means of such conduct furthering the intended fraud and obtaining anything of value.

(2) knowingly causing the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causing damage, without authorization, to a protected computer.

(3) intentionally accessing a protected computer without authorization, and as a result of such conduct, recklessly causing damage.

4.6 FRADULENT BEHAVIOR

4.6.1 In the event that the Company deems (at its sole and absolute discretion) that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, game manipulation, or the making of any fraudulent payment, including without limitation, use of a stolen credit card or fraudulent chargeback or money laundering, Company shall be entitled, in its sole and absolute discretion, any take any remedial actions, including, but not limited to:

(1)  immediately blocking a User's access to the Service;

(2) canceling a User's Account;

(3) deducting G Coins™ or Chibi Coins™ credits within a User's Account;

(4) disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or

(5) taking legal action against a User.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Proprietary Rights

5.1.1 You acknowledge and agree that any copyrights, trademark rights, patent rights, and other intellectual property rights relating to the Website, Content (excluding User Content defined below) and other applications made available as part of the Service are owned solely and exclusively by Company, its licensors or its affiliates, and are protected by applicable laws and regulations, and international treaties relating to copyrights, patents, trademarks, and other intellectual property rights. Under no circumstance will you obtain any ownership interest in any such proprietary subject matter pursuant to these TOS or otherwise.

5.1.2 GCREST America Inc., its logo(s), TinierMe™, and associated brand names and domain names are trademarks of Company and its licensors in the United States, Japan and other countries. Company trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that can be interpreted as business disparagement. All other trademarks not owned by Company that may appear on the Website are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppel or otherwise, any right to use any trademark displayed on the Website without the written permission of Company or the respective owner of such trademark, service mark or logo.

5.1.3 YOU ARE ONLY LICENSED THE RIGHTS TO USE THE WEBSITE AND SERVICE (INCLUDING ALL CONTENT THEREIN), AND AS COMPANY EITHER OWNS, OR HAS LICENSED, ALL OF THE CONTENT (EXCLUDING USER CONTENT DEFINED BELOW) THAT APPEARS IN THE SERVICE, COMPANY DOES NOT RECOGNIZE ANY PROPERTY OR USE CLAIMS OUTSIDE OF THE SERVICE, OR THE PURPORTED SALE, PURCHASE GIFT OR EXCHANGE IN THE "REAL WORLD" OF ANYTHING RELATED TO THE SERVICE, INCLUDING ANY CONTENT. SPEFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY SERVICE-RELATED ITEMS (INCLUDING CONTENT), YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL, PURCHASE, GIFT, OR EXCHANGE SERVICE-RELATED ITEMS (INCLUDING CONTENT OR ACCOUNTS) FOR EITHER "REAL" MONEY, G-COINS, OR ITEMS OR ACCOUNTS FROM ANY OTHER WEBSITE, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND/OR THE ACCOUNT OF THE USER WHO HAS ACQUIRED SUCH ITEMS OR ACCOUNTS.

5.1.4 In addition, Company does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service. This includes the exchange of Accounts, Content or other property available as part of the Service through eBay™ or Yahoo!™ Auctions. We do not assume any responsibility for, and will not support, such transactions.

5.2 User Content

5.2.1 The copyrights, works of authorship and any other intellectual property rights for any content that the you post, submit, deliver or incorporate in connection with your use of the Services (collectively, "User Content") are not assigned to Company through the User´s act of posting, submitting, delivering or incorporating such User Content. User Content is owned solely and exclusively by the User or the original holder of the applicable copyright or other intellectual property right.

5.2.2 Once you post, submit, deliver or incorporate any User Content on the Service, you expressly grant Company the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, otherwise communicate, publicly display and/or perform the Content in any form, anywhere, with or without attribution to your User ID, at Company´s sole discretion, and without any notice or compensation to you of any kind. Moreover, you shall not transfer to a third party, or establish a pledge in respect of any third party, or otherwise dispose of the intellectual property rights in the User Content, and shall not cause any other original holder of the right to take any of those actions.

6. GENERAL PROVISIONS

6.1 Company´s Rights

6.1.1 Unless otherwise expressly agreed to by Company and you, Company shall have the following rights in connection with the operation of the Service:

(1) Company may post advertisements for itself or for a third party on the User´s Account page or in any emails that Company may use to send notifications to the User.

(2) Company may send e-mails providing notification regarding the Services to the User as it deems appropriate.

(3) Company may, from time to time, send the User information regarding new services and may collect feedback and other information from the User at the Website relating to the User´s use of the Service.

6.2 Website

6.2.1 The Website is provided on an "as is" and "as available" basis. Company reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Website or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will Company be held liable for any damages resulting from such interruptions. The Website may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of Company and/or its licensors that are not available in your location. Such references do not imply that Company or its licensors intend to make available such products, programs or services in your location.

6.3 Disclaimer of Warranties

6.3.1 YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE AND THE INTERNET IS AT YOUR SOLE RISK.  THE WEBSITE AND COMPANY´S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

6.4 Limitations of Liabilities

6.4.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING THE USE, CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. MOREOVER, IN NO CASE SHALL COMPANY´S OR ITS LICENSORS´, AFFILIATES´, EMPLOYEES´, OFFICERS´, OR DIRECTORS´ (COLLECTIVELY, "COMPANY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY FOR THE SERVICE (OR ANY PART THEREOF) IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE SUBJECT CLAIM. FURTHERMORE, IN NO CASE SHALL COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS, ALTERATION OR DELETION OF DATA (INCLUDING ANY CONTENT), LOSS OF USE OR GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, WEBSITE, INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY´S AND COMPANY AFFILIATES´ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

6.5 Links with Other Sites

6.5.1 For the convenience of the Users, the Website provides certain links to websites provided by third parties. Company is not responsible for the content of any other website linked to or from the Website. If you link to another site, you leave the Website and you do so entirely at your own risk. Company provides links from the Website to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

6.6 Indemnification

6.6.1 Upon request by Company, you agree to defend, indemnify and hold harmless Company and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from any breach of these TOS or in connection with your posting, submitting, delivering and incorporating of any Content on the Service. Company 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 Company in that matter. The obligations set forth herein shall survive termination of this Agreement.

6.7 Void Where Prohibited

6.7.1 Company makes no representation or warranty that any material on the Website, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside of the United States, you are responsible for compliance with all applicable local laws, rules and regulations.

6.8 Governing Law

6.8.1 These TOS are governed and interpreted by the laws of the State of California. The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your connection to and use of the Website and/or Services. By accessing or using the Website and/or Services, you submit and consent to the exclusive jurisdiction of the federal and states courts located in San Francisco County, California with respect to any dispute or cause of action arising out of or in connection with these TOS and/or your use of the Website and/or Service.

6.9 Miscellaneous Provisions

6.9.1 If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of these TOS will remain in full force and effect. These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if in writing and signed by Company. The failure of a party to assert any right under these TOS shall not be considered a waiver of that party's right, which will remain in full force and effect. In addition, these TOS and the Website Privacy Policy, including Company´s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. These TOS and all related documents are written and shall be interpreted in the English language.

7. BETA TESTING

7.1 You may be given the opportunity to beta test the Service and Website features. Your participation as a beta tester is subject to the following terms and conditions.

(a) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the Service and identifying errors. Nothing in these TOS, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Services or Content that you find here. The Services are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.

(b) When using the beta version of the Services, you may accumulate Content, value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the testing phase for the Services are completed. In this case, it is possible although unlikely that all User history and data could be erased.

(c) By using the Services during the beta phase, you agree that: (i) you are using the Services is at your own risk and that you know that the Services may include known or unknown bugs, (ii) any value or status indicators that you achieve through use of the Services may be erased or reset at any time, (iii) Company has no obligation to make any Service available to you without charge for any period of time, nor to make them available at all, (iv) the Services may be available only by subscription once the testing process is complete or at any time in the future; and (v) these TOS apply to your use of the Services during the beta testing phase.

(d) Beta test User accounts are non-transferable under any circumstances.

8. CONTACT US

If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Website, please contact us via e-mail at support@tinierme.com.

Copyright © 2010 GCREST America, Inc. All rights reserved.