TERMS OF USE AGREEMENT (TOU)

YOU SHOULD CAREFULLY READ THE FOLLOWING ATLANTIC GAMES, LLC TERMS OF USE AGREEMENT (THE “TERMS OF USE” OR “AGREEMENT”).

RHETTS WORD GAME (THE “GAME”) AND TOPWORDGAME.COM (“WEBSITE”) ARE OWNED BY ATLANTIC GAMES LLC (“ATLANTIC GAMES”). YOUR USE OF THE GAME AND THE WEBSITE IS SUBJECT TO THIS TERMS OF USE AGREEMENT (“TERMS OF USE” OR “AGREEMENT”). YOU MUST ACCEPT AND AGREE TO ALL OF THE TERMS OF USE PRIOR TO YOUR USE OF THE GAME AND WEBSITE.

PLEASE READ THE TERMS OF USE AGREEMENT CAREFULLY

BY CHECKING THE "AGREEMENT" BOX below, or by participating in the Game, you agree that this Agreement is enforceable like any written contract signed by you.

If you DO NOT agree to all of the terms of the agreement, then DO NOT check the box below next to “I have read and agree with RHETTS terms of service” and DO NOT participate in the game and DO NOT use the Website.

I. Grant of Limited License of Use

Subject to your agreement to and continuing compliance with the Terms of Use, you may use the Game solely for your own non-commercial entertainment purposes by accessing it with an authorized account. You may not use the Game for any other purpose, including but not limited to the exclusions in this Terms of Usage, or in connection with any other software.

II. Eligibility

Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), may create or use an Account and play the Game. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with this Terms of Use agreement.

III. Payment for Service

Payment for at least the first month of service must be made prior to or concurrently with the creation of an Account. If payment is not received, a valid Account will not be created.

Players may either 1) pay for unlimited service monthly at $5 per recurring billing, totalling $60 per year; or 2) pay for unlimited service for one (1) year for $50.

Payment will not be accepted unless it is made in one of the approved forms listed on the Website.

Atlantic Games reserves the right to raise monthly or yearly prices at any time, without warning or notice, for any reason whatsoever. However, no price increases will occur during an existing prepaid term of service. Experienced and well informed players are advised to purchase an entire year of service in advance in order to avoid price increases for said year.

You acknowledge and agree that you are not entitled to any refund for any pre-paid amounts required for the creation of an account, with the sole exception being made for the refund provided for under Section IV of this Agreement.

IV. Terms and Eligibility for the Trial Period and post Trial Period

The first 72 hour period following the creation of a new account by a new player will be considered to be the three day trial period ("Trial Period").

New players will be entitled to a full refund at any time during the Trial Period. New players must send a refund email ("Refund Email") containing both a) a termination of account request and b) a refund request to Atlantic Games at atlgames@aol.com in order to obtain a refund. The Refund Email must be sent from the email address which the player has used for his or her Account registration, and must have been sent within 72 hours of the creation of the account. If these conditions are not met, no refund will be granted. Once 72 hours has passed since the creation of the account, new players will no longer be entitled to a refund. Any and all refund requests made after the Trial Period has expired will be declined.

Atlantic Games is not responsible for notifying new players about the duration of the Trial Period, or for reminding new players of the expiration date and time of the Trial Period. You agree that, if applicable, it is your sole responsibility to monitor the expiration of the trial period and to send a complete Refund Request within that time frame, if desired.

Only players who have not had an Account will be eligible for a refund during the Trial Period after the creation of a new Account. Any players who have had an Account in the past will not be eligible for a refund during the trial period. Refund requests by any players who have had an Account will be refused, so long as Atlantic Games is aware of the ineligibility of these players for the refund. If Atlantic Games becomes aware that a refund was granted to an ineligible player, Atlantic Games reserves to ban the ineligible player from any future use of the Game, and to take any and all legal action necessary to obtain restitution from said player.

The player's game account will be terminated if any of the following financial situations occur:

a) The player cancels recurring payments from their credit card.

b) After the player's registration, the player's credit card becomes invalid for any reason and is no longer making payments.

c) The player emails a request to stop all future credit card payments.

V. Intellectual Property 

All rights and title in the Game, including all content therein (including, without limitation, user Accounts, computer code, titles, objects, artwork, graphics, animations, sounds, musical compositions and recordings, audio-visual effects, and methods of operation) are owned by Atlantic Games. These rights are protected by United States and other international intellectual property laws. Atlantic Games reserves all rights in connection with the content, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Atlantic Games. Additionally, Atlantic Games does not authorize you to make any use whatsoever of any Atlantic Games trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Game content, or use of the Game content not in accordance with the Terms of Service, is expressly prohibited by law and may result in severe civil and criminal penalties.

All Game accounts are non-transferrable. You may not purchase, sell, gift or trade any Account from other people, or offer to purchase, sell, gift or trade any Account with other people. Any such attempt shall be null and void. Atlantic Games owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account.

VI. Code of Conduct

Your use of the Game is governed by Atlantic Games Code of Conduct (“Code of Conduct”), maintained and enforced exclusively by Atlantic Games. The Code of Conduct must be adhered to by all players. It is your responsibility to know and abide by the Code of Conduct. The following rules are not meant to be exhaustive, and Atlantic Games reserves the right to determine additional conduct which it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit, up to and including termination and deletion of the Account. Atlantic Games reserves the right to modify this Code of Conduct at any time. 

A. Online Chat Function

The online communication function (“Chat”) is to be used to set up games, discuss and comment on game play, and to make arrangements for future game play. ATLANTIC GAMES RESERVES THE RIGHT TO TERMINATE THE ACCOUNT OF ANY PLAYER PROVEN TO HAVE MISUSED AND/OR VIOLATED THE CHAT FUNCTION TERMS OF USE OR THE GAME, WITH NO REFUNDS FOR ANY PREPAID UNUSED FUTURE SERVICE.

YOU AGREE THAT CHAT SHALL NEVER BE USED TO DO ANY OF THE FOLLOWING:

1. Transmit or communicate any content which, in the sole discretion of Atlantic Games, is deemed offensive, including, but not limited to, language that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortious, vulgar, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; nor may misspellings or alternative spellings be used to circumvent the content and language restrictions listed above.

2. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game or to other person;

3. Commence any commercial or personal purpose other than gameplay, including but not limited to using the Website for the advertisement, purchase, or sale of any products and services; using the Website as a dating site or to search for sexual/romantic partners; using the website as a social networking site; using the website to disseminate political ideology or speech; or using the site for self-expression and display of one’s personal life.

4. Impersonate any person, business, or entity, including an employee of Atlantic Games, or communicating in any way that makes it appear that the communication originates from Atlantic Games;

5. Transmit links to websites unrelated to Atlantic Games, the Game, or the Website.

6. Post identifying information about yourself, or any other user. A player is permitted, though highly discouraged, to convey their direct email address or cell phone number for off line communications, though any player doing that does so at their own risk, and Atlantic Games is not liable for any problems caused by sharing one’s contact information with another player. It is highly advised to make future game play arrangement solely via online chat only for a set day and time to meet and play.

7. Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices of Atlantic Games contained in the Site, the Game, or the Game software. You also may not transmit content that violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, personal rights or other proprietary or non-proprietary rights;

8. Transmit or facilitate the transmission of any content that contains a virus, trojan horse, worm, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;

B. Account Names

Players are required to select an Account name which must abide by the following guidelines as well as the rules of common decency. If Atlantic Games finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name and/or suspend or terminate the Account. Players may not use any name:

1. Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of Atlantic Games.

2. That, in sole discretion of Atlantic Games, incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable.

3. Subject to the rights of any other person or entity without written authorization from that person or entity.

4. That belongs to a popular culture figure, celebrity, or media personality.

5. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not; Belonging to any religious figure or deity; Related to drugs, sex, alcohol, or criminal activity.

C. Prohibition on Gambling

The Game is intended to be used for the purpose of entertainment only. Use of the Game for gambling of any kind is expressly prohibited.

D: Prohibition of Using Internet Websites, Software, Computer programs, Databases and Devices to win games or Prohibition of “Cheating” to win games

Any use of computer, electronic, and internet devices and databases to form words and verify words to win games against other players is prohibited. That type of activity is considered “cheating” and unfair game play. Players are only allowed to use their own brains, minds and personal self-knowledge of the English language to form words and know if words are correct or not.

Absolute and strict evidence is not required to terminate a player for cheating. Proven patterns of extremely unbelievable, nearly impossible, overly difficult game play in which cheating is the highly likely explanation, is grounds enough to deem a player as a cheater or someone not fit to be in the Rhetts community.

If Atlantic Games is provided evidence of or detects extremely obvious game play patterns, reflecting very high probability of unbelievable play or cheating which may include but not limited to: a) extremely high numbers of victories against similar or better rated players, b) very long and continual non-stop losses/winning streaks against similar rated or higher rated players, c) games with extremely high player word point totals, d) frequent posting of very long and difficult words of 7 or more letters, e) very high numbers of split pools and pools, f) chat room evidence of player admitting use of unfair electronic assistance (cheating), g) very high numbers of successful challenges against non-obvious words, then Atlantic Games has the right to terminate the player’s account.

If a player believes or suspects they are playing against a cheater, then the suspecting player is requested and advised to email any and all observations and perceptions of alleged cheating evidence including pictures, video, or print screen shots along with game time and date information to Atlantic Games to review and investigate. The player who believes cheating is taking place, is urged to keep their cheating belief and allegation complaint secret, confidential and private as not to inform any other players. All cheating allegations will be kept strictly confidential, only to be mentioned to and investigated by Atlantic Games.

Players are prohibited from directly or indirectly alleging cheating concerning another player directly to any player as that will be considered offensive and disparaging language.

VII. Enforcement

Atlantic Games reserves the right to suspend the Account of any Player during an investigation of potential Terms of Service violations.  The Account will not be billed during that suspension period. A refund will be made for any prepaid time during which the Account has been suspended by Atlantic Games, if Atlantic Games determines that no violation has occurred.

You agree to be held solely responsible for interactions with other Players of the Game and any other parties with whom you may interact through the Game. Though Atlantic Gaming LLC will make its best efforts to remove any and all known and proven persons causing trouble on the Website, Atlantic Games reserves the right, but has no obligation, to become involved with these disputes. There is no guarantee that a Player who had offended another will be removed before offending additional Players.

Any Player receiving prohibited and offensive communications is encouraged to capture an image of the communication (by pressing keyboard key “PrtScn” or “Ctrl+PrtScn” ) and pasting the image into an image program such as MS Powerpoint or MS Paint, or by taking a digital camera picture) and send said image to Atlantic Games, to provide proof of the violation. Atlantic Games will not take disciplinary action against other Players without proof of the violation.

The only measure guaranteed to protect against any damages is for the Player to terminate their own Account and to cease any and all involvement with the Game.

To better prevent exposure to undesirable contact with other players, Players are advised to turn off the Chat function to prevent offensive speech from being received. Players also have the option to participate in single-player mode (Solo game), to avoid any interaction with other players.

***PARENTS/GUARDIANS OF CHILDREN UNDER THE AGE 18 ARE HIGHLY ADVISED AND WARNED TO SUPERVISE, CONTROL AND MONITOR ALL OF SAID CHILDREN'S USAGE OF THE GAME, INCLUDING ALL OF THE FOLLOWING ACTIONS:

a) Turning off the Chat function permanently in the “Account Details” of the player’s profile settings area.
 
b) Ensure the child is playing only against trusted individuals, such as known family and friends.

c) Ensure the child is only playing single-player mode (Solo game) if there are no trusted individuals available to play.

d) Ensure that the child never conveys any private or personal information, including last name, contact information, or any other identifying information including information about the child’s family members, friends, home, school, and other after school activities.

e) Instructing the child to always report any possible offensive or harmful online game communications from other players, including the alleged offensive player's user name. If the parent is unable to be present during game play, the parent is advised to teach children how to make a screen shot to provide evidence of a possible violator of terms of service.

VIII. WAIVER OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL ATLANTIC GAMES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE GAME, EVEN IF ATLANTIC GAMES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Atlantic Games be liable for any damages in excess of any amount you have paid to Atlantic Games for game-related transactions, if any, during the most recent six (6) months immediately prior to the time your cause of action or complaint arose.

This liability waiver also applies to any perceived emotional distress from chronic game losses too. If a player is sensitive to losing, then they are advised not to play rated games, not to display their win/loss history, and to play the single-player mode (Solo game) only.

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, the liability of Atlantic Games shall be limited to the fullest extent permitted by applicable law.

IX. Indemnification

You hereby agree to defend, indemnify and hold harmless Atlantic Games from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys’ fees) incurred as a result of, arising from, or relating to your use of the game and/or the service.

X. Release

If you have a dispute with one or more Players, you agree to release Atlantic Games 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 disputes, including damages for loss of profits, goodwill, use or data.

XI. No Guarantee of Uninterrupted or Problem-Free Service

Atlantic Games will make its best efforts to provide continuous internet game play and to fix any possible technical problems as soon as possible. However, game play may be interrupted due to some computer, software, electrical or internet problem, resulting in the loss of game play information.

Players are encouraged to report these glitches and provide a screen shot of the problem, so it can be fixed as soon as possible.

If the Game is down and unplayable for any fifteen (15) 24-hour consecutive days in a row, then the player will quality for a $5 refund if and only if the player performs BOTH of the following tasks:

a) Send an email complaint of blocked access to Atlantic Games anytime during the time the game website is down for 15 or more days.

b) Emailing a refund request for $5 within three (3) days after the game website is restored and back online.

There is a $5 maximum blocked access refund for any calander month.

There will be no refunds for interruptions and technical problems that occur less than fifteen (15) 24-hour consecutive days in a row.

As in most computer programs, computer errors, software glitches, miscalculations, and other technical problems do occur and cannot be totally prevented. Though best efforts will be made to keep any and all glitches to an absolute minimum, there is no guarantee that these types of computer problems will never occur, and there is no guarantee that these problems can and will be absolutely prevented either.
You agree that you are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Website and Website servers.

XII. No Refund for Dissatisfaction of Service

Month to month paid service is advised for players that may doubt any long term enjoyment of the game, as player-based voluntary termination or quitting game service early will not result in refunded payment for unused pre-paid service. Atlantic Games does not offer refunds for any short term computer/internet interruptions in service or for dissatisfaction with the Game. The only remedy available for dissatisfaction of the service is for Players to terminate their Account and cease use of the Game.

XIII. No Guaranteed Accuracy on the Word Check Challenge and Word Database

Atlantic Games strives to provide that the Word Database is as complete as possible, but offers no guarantee as to the accuracy of the Word Database in the Game. The Word Database is not guaranteed to have every single word in the English language and used in every day speech either. The Word Database is unlikely to recognize rare, exotic, and slang words, as well as industry jargon words, newly recognized words, and new words added to the language. Atlantic Games recognizes that a claimed word may technically be correct but may be deemed as incorrect if challenged or that an incorrect word may be deemed as correct by the Word Database. If a Player discovers that a correct word has been deemed incorrect, then said Player is encouraged to submit the word to Atlantic Games for consideration of adding to the game word database. Atlantic Games may add a correct word to the Word Database, but will not retroactively apply the word to completed games. Atlantic Games will not convert a player’s lost game into a winning game as a result of discovering and proving a proven word data base error. Players accept this unavoidable flaw in the word checking database, and waive any and all claims for refunds as a result of any game flaws and errors including word challenging errors.

Players are advised to use long standing words, commonly known words, non-slang words, non-industry work jargon words, and no proper names to keep word verification problems to an absolute minimum.

XIV. Privacy of Account Data and Player Personal Information

Atlantic Games will make best efforts to keep all subscriber data private from advertisers and third parties. With the exception of legally mandated disclosures such as Court Orders, Atlantic Games will not intentionally provide subscriber data to anyone else. In response to a request by law enforcement, a Court Order or other legal process, or if Atlantic Games believes that doing so may protect your safety or the safety of others, Atlantic Games may disclose your Internet Protocol (IP) address(es) or personal information.

Atlantic Games does not store subscriber credit card information. Only the PayPal financial service stores and handles player credit card information.

XV. Modification

Atlantic Games reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate your account and immediately stop use of the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Atlantic Games may change, modify, suspend, or discontinue any aspect of the Game at any time. Atlantic Games may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. The entire risk arising out of the use or performance of the Game remains with you, the Player. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

XVI. TERMINATION

THIS AGREEMENT IS EFFECTIVE AND IN FORCE UNTIL TERMINATED BY ATLANTIC GAMES. ONLY ATLANTIC GAMES MAY TERMINATE THIS AGREEMENT. YOU CAN NEVER TERMINATE THIS AGREEMENT OR ANY PART OF THIS AGREEMENT.  However, at any time, you may cancel your account and credit card information from the Game. In the event that you breach this Agreement or cancel your account, you agree that you will forfeit your right to any and all payments you may have made for pre-purchased access to the Game. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Atlantic Games may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. Atlantic Games reserves the right to suspend, terminate, modify or delete your account at any time for any reason or no reason, with or without notice to you, and with no liability of any kind to you. Additionally, Atlantic Games may stop offering and/or supporting the Game at any time. For purposes of explanation and not limitation, most Account suspensions, terminations and/or deletions are the result of proven violations of this Agreement. Accounts terminated by Atlantic Games shall not be reinstated under any conditions whatsoever.

XVII. Governing Law

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under the Laws of the United States of America and the law of the State of Maryland, without regard to choice of law principles.

XVIII. Reform and Severability

If any provision of this Agreement is held to be invalid, unlawful, void, or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Atlantic Games concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Atlantic Games. The section headings used herein are for reference only and shall not be read to have any legal effect.

XIX. Assignment

Atlantic Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You agree that you will not assign the Agreement without the prior written consent of Atlantic Games, and any unauthorized assignment by you shall be null and void.

XX. Force Majeure

Atlantic Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Atlantic Games, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Atlantic Games’ control such as acts of god, war, terrorism, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials, or from any other unexpected crisis or traumatic event.

XXI. No Partnership 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Atlantic Games as a result of this Agreement or your use of the Website or the Game.

XXII. No Waiver

Atlantic Games’ failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Atlantic Games of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

XXIII. Notices 

Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Atlantic Games, LLC, P.O. Box 32430, Pikesville, MD 21282.

XXIV. No Guaranteed Educational Benefit for Children and Adults

There is no guarantee that any person’s reading, writing, vocabulary, intelligence, knowledge and learning skills will be improved in any way as a result of playing Atlantic Games’ Game.

XXV. Prohibition of Multi-Person Log-Ins and of a Players Playing Multiple Games at the Same Time:

Only one (1) person is permitted to log into a Rhetts game account at the same time.

While a person is is logged in, they are only permitted to play just one (1) game at a time.

XXVI. SURVIVAL 

THIS ENTIRE AGREEMENT AND EVERY PROVISION THEREIN SHALL REMAIN IN FULL FORCE INDEFINITELY, EVEN AFTER THE CANCELLATION/TERMINATION OF YOUR ACCOUNT. YOU AGREE THAT THIS PROVISION APPLIES AFTER THE CANCELLATION/TERMINATION OF ANY ACCOUNT, FOR ANY REASON WHATSOEVER.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE FOREGOING TERMS OF THIS TERMS OF USE AGREEMENT AND YOU AGREE THAT CHECKING THE “AGREEMENT” BOX BELOW AND/OR YOUR USE OF ANY OF THE PROPERTIES OF THE GAME IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.