BullseyesGames.com Terms Of Service (updated August 25, 2011)

Bullseyes Games (“Bullseyes”) operates this Site to provide online access to free online games in an interactive environment (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Service”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Service, govern your use of those areas, content or transactions. These Terms of Service, together with applicable additional terms and conditions, are referred to as this “Agreement.” Bullseyes reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth.

1. BullseyesGames.com Membership Basics
Membership allows you to participate in certain games and activities on BullseyesGames.com. This Membership Agreement and any rules or instructions posted on regarding a particular game, activity, constitutes the entire agreement between you and BullseyesGames.com regarding your use of the Service. If there is any conflict between the Membership Agreement and any other rules or instructions posted on BullseyesGames.com, BullseyesGames.com shall resolve the conflict in its sole discretion. As a BullseyesGames.com Member, you agree to all of the terms and conditions and our Privacy Policy, which are incorporated into this Membership Agreement. When you accept this Agreement and complete BullseyesGames.com's registration process, you create a BullseyesGames.com account ("Account") and select a login name and password. Your login name is your online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. Bullseyes will determine what is offensive or vulgar at its sole discretion.

2. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Bullseyes reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Service.

3. High Score Boards
The scores on the high score boards are temporary thus not perment in any way. All scores will reset to zero after a period of time.

4. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

5. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Bullseyes of the third party, the third-party web site, or the information contained therein. Bullseyes is not responsible for the availability of any such web sites. Bullseyes is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Bullseyes affiliates or service providers, you will leave the Site, and will be subject to the Terms of Service and privacy policy applicable to those web sites.

6. Linking to this Site
If you would like to link to the Site, you may link to any public page. Unless specifically authorized by BullseyesGames.com, you may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

7. Downloading Files
Bullseyes cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

8. Software
Any software available for download via the Site is the copyrighted work of BullseyesGames.com and/or its licensors and/or its distributors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

9. Disclaimer of Warranties
BULLSYES MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BULLSYES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BULLSYES DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BULLSEYES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

10. Limitation of Liability
YOU EXPRESSLY AGREE THAT THE USE OF BULLSEYESGAMES.COM, BULLSEYESGAMES.COM SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. BULLSEYESGAMES.COM, BULLSEYES SOFTWARE, BULLSEYESGAMES.COM PRODUCTS, 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, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. BULLSEYESGAMES.COM. PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BULLSEYESGAMES.COM. WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BULLSEYESGAMES.COM IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BULLSEYESGAMES.COM, ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF BULLSEYES SOFTWARE. IN NO CASE SHALL BULLSEYESGAMES.COM'S OR ITS SUBSIDIARIES', AFFILIATES', EMPLOYEES', OR DIRECTORS' (COLLECTIVELY, "BULLSEYESGAMES.COM AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BULLSEYESGAMES.COM. FOR THE SERVICE. IN NO CASE SHALL BULLSEYESGAMES.COM. OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BULLSEYESGAMES.COM, BULLSEYES SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH BULLSEYESGAMES.COM. 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, BULLSEYESGAMES.COM'S AND BULLSEYESGAMES.COM AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. BULLSEYESGAMES.COM. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BULLSEYESGAMES.COM 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.

11. Indemnification
Online conduct should be guided by common sense and basic etiquette. You understand and agree that you are and will eb held personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Bullseyes, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, distributors, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees plus any court costs, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

12. Privacy Policy
See Bullseyes Privacy Policy.

13. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

14. User Supplied Information
BullseyesGames.com does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Bullseyes the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

15. Password Security
If you register to become a BullseyesGames.com member, you are responsible for maintaining the confidentiality of your member username and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member username and password.

16. General Provisions
a. Entire Agreement/No Waiver. These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Bullseyes of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Bullseyes therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BullseyesGames.com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, BullseyesGames.com Privacy Policy, your use of the Site, any other BullseyesGames.com web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of FLORIDA, without regard to any conflict of laws provisions.