Terms of Service

We at Third Time Entertainment, Inc. ("Third Time," "we," or "us") appreciate your cooperation and hope you enjoy our website, games, and applications. By using or accessing any of our games or other applications or by participating in any surveys, contests, or other promotions offered by us (the "Services"), you agree to accept these Terms of Service ("Terms"). If you have any questions regarding these Terms, you may contact us at support@thirdtimegames.com.

1. Services

1.1 Under the terms of and subject to the restrictions in these Terms, we will provide access to the Services to you. You may use and access the Services solely for your own personal, noncommercial use. Your rights to use the Services are non-exclusive and non-transferable. You agree that you may access and participate in only those Services for which you have registered.

1.2 You must be at least 13 years of age in order to access and use the Services. You agree that all user information provided to us by you, whether by the social networking site through which you accessed our Services or otherwise ("User Data"), will be accurate and complete in all respects. Further, you agree to promptly notify us (or the social networking site) of any changes to any User Data. You agree to notify us immediately of any unauthorized use of your User Data, any passwords or user names issued by us or created by you for use with the Service, or any other breach of security regarding the Services of which you become aware. We will hold and use your User Data for the purposes of providing the Services, including tailoring your experience within the Services, and as otherwise set forth in our Privacy Policy. You hereby accept the terms of our Privacy Policy.

2. Intellectual Property; Restrictions on Use

2.1 You agree that Third Time and its licensors own all intellectual property rights in and to the Services, including the underlying software platform (the "Software") and Third Time website, including but not limited to the content, look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays associated therewith. You will not reverse engineer, decompile, or disassemble the Software or any of the Services, or otherwise attempt to reconstruct or discover the source code for the Software or Services. You further agree not to resell, lease, assign, distribute, time share, or otherwise commercially exploit or make any part of the Services available to any third party for such third party's benefit. You may not modify, display, transmit, permit access to, or create derivative works of any part of the Services and no right, title, or interest in or to the Services or Software is transferred to you as a result of your use of any part of the Services. Third Time reserves all rights in the Services not expressly granted to you hereunder. Any unauthorized use of the Services or the Software immediately terminates all rights and licenses granted to you under these Terms.

2.2 You agree that Third Time shall own all ideas or suggestions for improvements to the Services, including without limitation, enhancements, new functionality or concepts, survey responses, or other feedback. Third Time shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration or attribution to you.

2.3 You agree that all Third Time trademarks, service marks, logos, and other branding elements ("Marks") are the exclusive property of Third Time and nothing in these Terms gives you the right to use any such Marks.

3. Fees

You shall be solely responsible for payment of any registration or other fees for your use of the Services.

4. Use of the Services; User Content

4.1 You warrant and agree not to:

• Use the Services in any way that is in furtherance of criminal, fraudulent, or other unlawful activity
• Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or communication transmitted through the Services
• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services
• Violate any applicable local, state, national, or international law or regulation in connection with use of the Services
• Use the Services to send or otherwise make available (including via third-party sites) any viruses, Trojan horses, worms, corrupted files, destructive files, or any similar software that may damage or interfere with the operation of another's computer or property
• Use the Services in a manner that results in excessive bandwidth usage, as determined in Third Time's sole discretion

4.2 If you provide to us or publish through the Services any content, messages, audio or video files, written text, data, graphics, photos, or other materials (collectively, "User Content"), you agree that (i) you will be solely responsible for all User Content which you post, publish, or otherwise provide to us or on the Service; (ii) you may not post, transmit, share, or otherwise publish any User Content that you did not create or that you do not have permission to provide or transmit; and (iii) none of your User Content will violate these Terms, be offensive, illegal, or violate the rights, harm, or threaten the safety of users or others. User Content is not confidential and you agree that Third Time may use, copy, adapt, modify, distribute, transfer, display, transmit, and otherwise exploit your User Content as deemed necessary or appropriate by Third Time in connection with the Services.

4.3 Third Time reserves the right to suspend your access to or terminate your use of any of the Services if you violate, or if we reasonably suspect you are in violation of, these Terms without prior notice and without liability to you.

5. Warranties; Disclaimers; Limitation of Liability

5.1 YOU UNDERSTAND AND AGREE THAT ALL USE OF THE SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL THIRD TIME OR ITS LICENSORS (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS) (COLLECTIVELY, THE "THIRD TIME PARTIES") BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.

5.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIRD TIME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE TERMS, THE SERVICE, OR THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION. THE SERVICE IS PROVIDED "AS IS" AND THIRD TIME DOES NOT WARRANT TO YOU THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. To the extent that data is being transmitted over the Internet hereunder, you acknowledge that Third Time has no control over the functioning of the Internet, and Third Time makes no representations or warranties of any kind regarding the performance of the Internet.

5.3 Your sole remedy for any failure of any part of the Services is to cease using the Service. To the extent permissible under applicable law, you agree that in no event shall Third Time or any Third Time Party be liable for any direct, special, consequential, incidental, indirect, or punitive loss, damage, or expenses arising from your use or inability to use any of the Services whether arising in contract or tort (including but not limited to lost profits, savings, data, or the cost of recreating lost data), even if it has been advised of their possible existence. You further agree that under no circumstances will Third Time or any Third Time Party be liable to you for more than the aggregate amount you have paid to Third Time for the Service at issue during the six-month period immediately preceding any claim. Any claim or cause of action brought by you relating to the Services, these Terms, or the Software must commence within one (1) year after the cause of action accrues.

6. Indemnification

6.1 You agree to indemnify and hold Third Time and each of the Third Time Parties harmless to the fullest extent allowed by law regarding all matters related to your provision of User Content and your use of the Services.

7. Termination

7.1 You may terminate this agreement at any time by ceasing use of the Services. Third Time may terminate or suspend your access to all or any of the Services at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Services, including all User Content, will be disabled. Third Time shall have the right, but not obligation, to store any User Content subsequent to any such termination.

7.2 The terms provided in Sections 2, 5, 6, 7.2, 9, and 10.2 shall survive the termination of this agreement for any reason.

8. Maintenance of the Service

The Software underlying any part of the Services may automatically be updated from time to time by Third Time. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as part of your use of the Services. You agree and acknowledge that Third Time may modify, limit, suspend, or discontinue the Services or any part of the Services at any time, without notice or liability to you. Third Time may stop or suspend provision of all or any of the Services, or any features of the Services to you or to users generally at its sole discretion and without prior notice. Third Time may also, from time to time, establish general rules and policies regarding use of parts of the Services. Third Time will post such rules and policies on the relevant Service, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Service.

9. Governing Law; Jurisdiction; Miscellaneous

9.1 This Agreement shall be interpreted, construed, and governed by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that all claims and disputes arising out of this Agreement or your use of or access to the Service shall be exclusively brought in the federal or state courts located in Orange County, Florida and you hereby irrevocably submit to the exercise of personal jurisdiction over you by those courts and waive any jurisdictional, venue, or inconvenience forum objections to such courts; provided, however, that Third Time shall have the right to bring action for specific performance or injunctive relief for any breach of this Agreement in any court of competent jurisdiction.

9.2 You may not assign, sublicense, or otherwise transfer any of your rights under these Terms.

9.3 If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining Terms which shall remain in full force and effect.

9.4 Third Time is located in the United States. If you are located in a jurisdiction outside of the United States, you consent to the processing of personal information in the United States by Third Time in connection with the Service.

10. Modification of these Terms; Entirety

10.1 Third Time reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes to the appropriate Service. Your continued use of the Service following the posting of such changes constitutes acceptance of those changes. Third Time will use reasonable commercial efforts to provide notice of material changes to you.

10.2 These Terms and the Privacy Policy, as well as any guidelines or other policies relating to any part of the Services which are published by us, is the complete understanding and agreement between you and Third Time with respect to your use of the Service and supersedes all prior understandings.

Contact Us

If you have any questions about these Terms, please contact us: