SPOGG'S SERVICES ("SERVICES") INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM SPOGG, INCLUDING THE SITE  WWW.SPOGG.COM. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST EXIT THE SITE NOW! 

SPOGG END-USER SERVICES AGREEMENT

This End-User Services Agreement ("End-User Agreement") is an agreement between you ("User") and Spogg AB ("Spogg").

I. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT

The Services, provided by Spogg is provided to the User under the terms and conditions of this End-User Agreement, and any amendments thereto and any operating rules or policies that may be published from time to time by Spogg, all of which are hereby incorporated by reference. The End-User Agreement comprises the entire agreement between the User and Spogg and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CHECKING THE "I ACCEPT THE SPOGG.COM TERMS AND CONDITIONS" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE END-USER AGREEMENT.

II. DESCRIPTION OF SERVICES

Spogg is providing the User with any or all of the following services: (a) multi-player games, forums, groups, search functions, electronic mail, photo sharing, personal homepage, guestbook, event handler, miscellaneous communication tools; and/or (b) any other services which Spogg may provide in the future (“Services”). These Services are provided to the User at the discretion of Spogg. Spogg reserves the right to delete any User´s account if such User does not keep their account in a paid status (if using paid service) or does not access their account for a period of two (2) consecutive months (if using free service) Spogg also reserves the right to delete any User´s account if such User does not comply with the site rules.

Spogg reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to the User. The User agrees that Spogg shall not be liable to the User or any third party for any modification or discontinuance of the Services.

III. USER'S REGISTRATION OBLIGATIONS

User must be at least thirteen (13) years old to register for the Services. Users under the age of thirteen (13) must have their parent's or legal guardian's consent to register for the services. In consideration of use of the Services, the User agrees to: (a) provide true, accurate, current and complete information about the the User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. This information about a User shall be referred to as "Registration Data". If any information provided by the User is untrue, inaccurate, not current or incomplete, Spogg has the right to terminate the User's account and refuse any and all current or future use of the Services.

IV. USE OF REGISTRATION DATA

The User agrees Spogg or a designee of Spogg may disclose Registration Data to third parties about the User and information about the User's use of the Services provided that such disclosures do not include the User's name, mailing address, email address, telephone number, or account number, unless the User has authorized Spogg to disclose such information, or as required by law or legal process, or as set forth in Paragraph VIII below.

The End-User Agreement includes the terms and conditions of Spogg.com's Privacy Policy, a copy of which is located at http://www.spogg.com/pages/privacy.php, and which is hereby incorporated by reference. In the event of any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.

The collection of private information from a User under the age of thirteen (13) is governed by the Children's Online Privacy Protection Act (COPPA). Spogg will not collect personally identifiable information from the User's under the age of thirteen (13) without such User's parent's or legal guardian's consent. Spogg will ask for consent during the registration process, however, the User's parent or legal guardian may change or revoke consent at any time upon notice to Spogg.

V. USER CONTENT

Spogg considers all communication transmitted via the Services to be the private correspondence of the sender. The User grants Spogg rights to use, copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute User content for any purpose in connection with Spogg or the promotion of Spogg.com. Spogg will not monitor, edit or disclose the contents of a User's private communications, except if the User agrees Spogg and its third party service providers may do so or: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the End-User Agreement; (d) to respond to claims that such contents violate the rights of third parties; (e) to protect the rights or property of Spogg, its third party service providers or others.

The User acknowledges and agrees that Spogg and its third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

VI. USERNAME, MEMBER ACCOUNT, PASSWORD AND SECURITY

The User will be asked to choose a username. You agree to choose a username which is unique and not obscene, unlawful or otherwise objectionable, in Spogg's sole discretion. The User agrees to use Spogg.com usernames containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose. Spogg shall own your complete username.

The User will enter a password upon completing the registration process. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under the User's password or account. The User agrees to immediately notify Spogg of any unauthorized use of the User's password or account or any other breach of security.

VII. INFRINGEMENT

The User represents that the username selected by the User does not interfere with the rights of any third party and is not being selected for any unlawful purpose. The User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Spogg may immediately suspend the use of such username, and the User will indemnify and hold Spogg harmless, in accordance with the Indemnity section below, for any claim or demand against Spogg that arises out of such selection. The User acknowledges and agrees that neither Spogg nor any of its licensors shall be liable to the User in the event Spogg is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular username. If as a result of such action, the User loses their username, the User's sole remedy shall be the receipt of a replacement username.

VIII. USER CONDUCT

The User agrees to abide by all applicable local, state, national, and international laws and regulations in the User's use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Users. The User agrees to be solely responsible for the contents of the User's private communications uploaded, emailed or otherwise transmitted through the Services. 

The User agrees to abide by all applicable rules at Spogg.com. A copy of applicable Spogg.com rules is located at http://www.spogg.com/pages/siterules.php.