Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY DESCRIBE THE TERMS UPON WHICH CASUALCAFE OFFERS ACCESS TO OUR SITE AND SERVICES.

1. Introduction

Welcome to www.casualcafe.com (including all subdomains, the "Site"), a web site owned and operated by Pretty Good Games Corp / CasualCafe. ("CasualCafe"). The following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site by CasualCafe (collectively, "Terms of Use") describe the terms and conditions applicable to your use of the Site and our services offered through the Site. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS THE SITE OR USE OUR SERVICES.

These Terms of Use govern access to and use of the Site by individuals with a registered account at the Site ("Registered Users") and by individuals authorized to use credits to play games on the Site ("Subscribers"), as well as anonymous access to the Site by others ("Visitors"). For purposes of these Terms of Use, "you" or "your" refers to Registered Users, Subscribers and/or Visitors, as applicable, and "Site" refers to www.casualcafe.com as well CasualCafe hosted applications on other sites, as applicable. "We," "our" and "us" refers to CasualCafe.

By accessing the Site, you represent to us that you have the ability and the authority to agree to be bound by these Terms of Use.

2. Game Fees

You may use CafeCredits during any of the unique games offered on CasualCafe by payment of a designated fee ("Fee"), which we also refer to on the Site as a "CafeCredit." CasualCafe reserves the right to change the Fee schedule of any game at any time.

Account maintenance fees: Maintaining a Subscriber's standing and access to the Site requires the periodic charge of an account maintenance fee. The introductory account maintenance fee structure is 10 credits per month. No negative balances are maintained, a Subscriber with zero or less credits reverts to being a Registered User.

Please remember that CafeCredits points have no real world value and can only be used to purchase services provided directly by CasualCafe. Any act of CafeCredits trading/selling or unauthorized/fraudulent charging is in direct violation of the Terms of Use and all such violators will be subject to account termination without warning. CafeCredits are non-refundable and expire within one year of the purchase date.

3. Privacy Statement

Any information provided by you or gathered by us or third parties during any use of the Site is subject to the terms of our Privacy Policy, which is incorporated herein by reference. We encourage you to periodically read our Privacy Policy.

4. User Conduct

As a condition of your use of the Site, you agree (a) to abide by all applicable local, state, and federal laws and regulations in your use of the Site; (b) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) not to use the Site for any purpose that is unlawful or contrary to these Terms of Use; (d) not to use the Site, or any portion thereof, in any manner that could damage, disable, overburden, or impair the Site or our services or interfere with any other party’s use and employment of the Site or our services; (e) not to attempt to gain unauthorized access to any databases, information, computer systems, network associated with CasualCafe or Registered User or Subscriber accounts other than your own; (f) not to send email through the Site or containing a hyperlink to the Site to people who do not wish to receive messages from you or which violate applicable law; (g) not to use or distribute any cheat utility, software or macro programs or applications or use any robot, spider, other automatic device, or manual process to monitor or copy any pages or content contained on this Site or for any other unauthorized purpose; (h) not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our services; and (i) not to attempt to post false or inaccurate game scores on the Site.

Any information, ideas or opinions posted by users of the Site do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use, edit and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content on the Site, (a) you represent that you have the unrestricted legal right to do so and that the posted items will not infringe on any intellectual property or other right of any third party and (b) you agree that you will not:

• Stalk, harass, defame, intimidate or threaten another user;
• Interfere with another user's rights to privacy;
• Post any material that is defamatory or untruthful;
• Post any material that is obscene, offensive or indecent;
• Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
• Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
• Advertise or sell any goods or services.

5. Intellectual Property

Pretty Good Games Corp is the owner of the Site and except as expressly indicated otherwise on the Site, (a) is the owner or licensee of any trademark, service mark and/or other intellectual property appearing at the Site, or used in connection with the Site and our services and (b) is the copyright owner or licensee of the content and/or information on this Site including but not limited to any screens appearing at the Site. Certain trademarks, service marks or logos that appear on the Site, in particular (but not exclusively) those of our partners, advertisers, and the licensors of games on the Site, are the property of their respective owners and may not be used without the express prior written permission of their respective owners and/or CasualCafe. You may print a copy of the information on this Site for your personal use or records. You may not otherwise download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sell or transfer, or in any way commercially exploit any of the content, software or services that are a part of the Site, or infringe upon any copyrights, trademarks or service marks contained herein without the express written consent of CasualCafe. If you make use of the Site, except as otherwise provided above, you may violate applicable laws and be subject to damages and penalties. Notwithstanding any other provision of these Terms of Use, CasualCafe does not grant any license or other authorization to any Registered User, Subscriber or Visitor of CasualCafe’s trademarks, service marks, other copyrightable material or other intellectual property by placing them on the Site.

6. Violation of Terms of Use

We may investigate any violation of or complaints relating to these Terms of Use. You agree to cooperate fully with any such investigations. You understand and agree that without prior notice and in our sole discretion, we may take such action as we may deem appropriate with respect to your access to the Site and/or Registered User Activities or Subscriber Activities, including, but not limited to suspending or terminating your access to the Site, Registered User Activities, Subscriber Activities or third party sites through the Site in the event you violate these Terms of Use, CasualCafe’s rights or applicable law.

7. Disclaimer of Warranties

BY USING THE SITE OR OUR SERVICES, INCLUDING ANY APPLICATIONS, SOFTWARE, AND CONTENT CONTAINED ON THE SITE, YOU AGREE THAT USE OF THE SITE OR OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL CASUALCAFE BE RESPONSIBLE FOR THE CORRECTNESS OF THE SITE OR OUR SERVICES, AND NO STATEMENT MADE BY A REPRESENTATIVE OF CASUALCAFE OR THROUGH THE SITE, OUR SERVICES OR ELSEWHERE – EXPRESSED OR IMPLIED - WILL BE DEEMED A GUARANTEE, WARRANTY OR REPRESENTATION. THE SITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, SERVICES OR UNINTERRUPTED ACCESS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE OR OUR SERVICES. SPECIFICALLY, CASUALCAFE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE SITE, OR OUR SERVICES; AND (B) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CASUALCAFE MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CASUALCAFE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE OR OUR SERVICES WILL BE CORRECTED. ANY INFORMATION OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR DOCUMENTS.

8. Limitation of Liability

NEITHER CASUALCAFE NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR CONTENT OR SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR OUR SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF CASUALCAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CASUALCAFE’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE AMOUNT OF FEES COLLECTED BY CASUALCAFE FROM YOU IN ACCORDANCE WITH THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Third Party Sites

CasualCafe may allow third parties to participate in and sponsor certain programs on the Site and/or display advertisements on the Site and may provide links to other sites or resources. CasualCafe is not responsible or liable for (i) the accuracy or availability of such external sites or resources; or (ii) any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.

10. User Feedback

CasualCafe is pleased to hear from Registered Users, Subscribers and Visitors. We welcome your comments regarding the Site. Please be advised, however, that we do not accept or consider unsolicited ideas, including ideas for new programs, services, products, technologies or materials. Please do not send your unsolicited ideas or any original materials to CasualCafe or anyone at CasualCafe. If, despite this request, you do send us your ideas and materials, please understand that by doing so, (a) you assign to CasualCafe, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit; (b) we will be entitled to use any information and materials you submit for any purpose whatsoever without restriction and without compensating you in any way; and (c) you represent to CasualCafe that you have the unrestricted right to make such submission and assignment.

11. Indemnification

You agree to indemnify and hold harmless CasualCafe and its partners, affiliates, advertisers, licensors of games on the Site, and their respective licensors, agents, officers, employees and contractors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including court costs and reasonable attorney fees) which arise out of, are connected with or directly relate to (a) your use of the Site and our services; or (b) any breach of any obligation, representation or warranty made by you in connection with such use.

12. Modification to Terms of Use

Periodically, we may update and/or change any of these Terms of Use to reflect changes in the Site, services offered, changes in applicable laws, or for any other reason we deem necessary or appropriate. If our Terms of Use change, we will post the revised version of the Terms of Use on our Site. Please check the Site periodically for modifications to these Terms of Use. Your continued use of the Site after any such change will constitute your consent to, and agreement to be bound by, the revised Terms of Use.

13. Modification to Site

CasualCafe reserves the right, in its discretion, to modify, terminate or suspend any component of the Site or make changes to our services at any time without liability to you or any third party. We will notify users of any such changes through postings on the Site. Your continued use of the Site after any such change will constitute your consent to, and agreement to be bound by the change. We may also impose limits on certain features of the Site or restrict your or any third party’s access to any or all of the Site in our discretion, without notice or penalty. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site.

14. Assignment

You may not assign or otherwise transfer, delegate or subcontract any of your rights, interests or obligations relating to the Site or our services without CasualCafe’s express prior written consent. Any attempted transfer by you without CasualCafe’s consent will be void. These Terms of Use will bind and inure to the benefit of you and our successors and permitted assigns.

15. Notices

All Notices under these Terms of Use must be provided in writing. If you have provided us with an email address, we may provide notices to you in electronic form via an email to such address. You may submit notices to us at our email address, support@casualcafe.com. Notices sent by email will be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, you may send notices to us by regular U.S. mail, postage prepaid to CasualCafe’s address provided below and, if you have provided us with a postal address, we may send notices to you at such address by regular U.S. mail, postage prepaid. Notices sent by U.S. mail will be deemed given upon actual receipt, or if earlier, three (3) business days after mailing. CasualCafe may also broadcast notices or messages on the Site.

16. Miscellaneous

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any cause of action with respect to these Terms of Use and your rights and obligations hereunder must be submitted for arbitration pursuant to Section 24 above within one (1) year after the cause of action or the cause of action will be barred. Notwithstanding any other provision of these Terms of Use, either you or CasualCafe may seek injunctive or other equitable relief in any court of competent jurisdiction at any time. You and CasualCafe are independent parties; nothing in these Terms of Use is to create any agency, joint venture, partnership or similar relationship between us.

These Terms of Use, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by CasualCafe on the Site, and any modifications to the foregoing constitute the entire agreement between you and CasualCafe relating to your access to and use of the Site and our services and supersede all prior or contemporaneous oral or written communications or agreements between you and CasualCafe with respect thereto.

The failure of CasualCafe to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver by CasualCafe of any right or provision of these Terms of Use must be in writing. Any such waiver arising from a breach of these Terms of Use is not to be construed as a continuing waiver of other breaches. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, then, to the extent possible, it will be replaced with a provision which accomplishes the original purpose of the provision in a valid and enforceable manner, and the other provisions of these Terms of Use will remain in full force and effect. All remedies available under these Terms of Use are cumulative and may be exercised concurrently or separately. A printed version of these Terms of Use and of any notice given in electronic form in accordance with these Terms of Use will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. Acknowledgement

You acknowledge that (a) you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

18. Contact Information

If you have any questions regarding these Terms of Use, please contact CasualCafe at support@casualcafe.com.

Pretty Good Games Corp.
2512 Artesia Blvd. Suite 150
Redondo Beach, CA 90278

Septemper 30th, 2008