You are now entering MumboJumbo.com. The following are terms of a legal agreement between you and MumboJumbo, LLC, its subsidaries and affiliates (hereinafter collectively referred to as “MumboJumbo”). By entering MumboJumbo.com, or any other web site owned or operated by MumboJumbo or its affiliates that posts this Terms of Use, you acknowledge that you have read, understood these Terms of Use and that you are accepting and agreeing to the Terms of Use described below (except to the extent any such Web site may post a different terms of use policy applicable to it), and your use of the such Web Sites (collectively the "MumboJumbo Web Sites") is subject, at all times, to the Terms of Use below. MumboJumbo reserves the right to discontinue or modify any MumboJumbo Web Site and the Terms of Use at any time without prior notice. These changes are effective when posted. You are responsible for reviewing these Terms of Use and your access and/or use of any MumboJumbo Web Site constitutes acceptance of the Terms of Use herein.
In connection with your use of the MumboJumbo Web Sites, and subject to any restrictions of its licensors, MumboJumbo grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the MumboJumbo Web Sites and the materials thereon provided that you comply fully with these Terms of Use. You shall not interfere or attempt to interfere with the operation of any MumboJumbo Web Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Use.
MumboJumbo has a policy of not accepting ideas, artwork, characters, stories, or any other creative work or concepts (the "Creative Materials") unless otherwise specifically requested. In accordance with this policy, MumboJumbo requests that you do not send any Creative Materials.
All title, ownership, and intellectual property rights in and to the MumboJumbo Web Sites (including, but not limited to, content included on the MumboJumbo Web Sites, such as any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, text, graphics, logos, button icons, images, audio clips, digital downloads and any related documentation) are owned by MumboJumbo and/or MumboJumbo's Licensor(s). Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any articles, opinions, photographs, images, video, audio, advertising, trademarks, service marks, logos, trade names, computer code or any other intellectual property (collectively the "Materials") from a MumboJumbo Web Site without the prior written permission of the owner of the property. All software used on this site is the property of MumboJumbo or its software suppliers and protected by United States and international copyright laws. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of MumboJumbo's (and/or its licensor(s)') copyrights and other proprietary rights. Use of the Materials on any other Web site or other networked computer environment is prohibited without prior written permission from MumboJumbo.
Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights or have permission from the owner.
When you visit MumboJumbo.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When accessing or using the MumboJumbo Web Sites, you may be directed to other Web sites that are not affiliated with MumboJumbo (the "Unaffiliated Sites"). MumboJumbo is not a sponsor of, does not endorse, and is not responsible for the content or availability of any activity or content that takes place on an Unaffiliated Site. Your access of the Unaffiliated Sites is at your own risk.
We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of MumboJumbo, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.
Further, in order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy policy at http://www.mumbojumbo.com/game/privpol
Certain areas of certain MumboJumbo Web Sites may require you to register or provide information in order to access or participate in such areas. All such requirements to provide information are subject to both these Terms of Use and any privacy policies posted on such MumboJumbo Web Sites. You have the option of providing registration information or not. However, should you choose not to provide the information, your access to the MumboJumbo Web Sites may be limited. If you do decide to provide us with the requested registration information, you agree to provide only true, current and accurate information.
You may download one (1) copy of those Materials contained on the MumboJumbo Web Sites expressly designed for download, provided that you may use such downloaded Materials solely for non-commercial, personal use only and provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use any MumboJumbo Web Site materials for public or commercial purposes, including the text, images, audio, and video without MumboJumbo's written permission.
MumboJumbo makes available to you certain software that may be downloaded from the MumboJumbo Web Sites. MumboJumbo grants you a limited license to access and make personal use of the web games and downloadable games offered on this site. Should you download software from a MumboJumbo Web Site, the software, including any images, files, or other material incorporated into or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by MumboJumbo on a non-exclusive and revocable basis. In no event does MumboJumbo transfer title to the Software to you. MumboJumbo retains full and complete title to the Software, and all intellectual property rights attached thereto. You may not sell, reproduce, redistribute, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MumboJumbo and our affiliates without express written consent from MumboJumbo or its affiliate, as applicable. You may not use any meta tags or any other "hidden text" utilizing MumboJumbo's name or trademarks without the express written consent of MumboJumbo. Any unauthorized use terminates the permission or license granted by MumboJumbo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MumboJumbo so long as the link does not portray MumboJumbo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MumboJumbo logo or other proprietary graphic or trademark as part of the link without express written permission.
This license does not include the right to download content other than specifically designated electronic software downloads and online game executables, nor does the license give you the right to modify any content, except with express written consent of MumboJumbo. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MumboJumbo.
MUMBOJUMO, LUXOR, LUXOR AMUM RISING, 7 WONDERS OF THE ANCIENT WORLD and other MumboJumbo graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MumboJumbo, LLC., or its affiliates. MumboJumbo's trademarks and trade dress may not be used in connection with any product or service that is not MumboJumbo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MumboJumbo. All other trademarks not owned by MumboJumbo or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MumboJumbo or its affiliates..
MumboJumbo, in its sole discretion, may determine your compliance with these Terms of Use. MumboJumbo reserves the right to prevent or limit your access to the MumboJumbo Web Sites for any violation of these Terms of Use and may refer your activity to law enforcement authorities in its sole discretion. Upon termination, you must discontinue your use of and destroy any Materials and all related materials obtained from the MumboJumbo Web Sites.
You agree to indemnify, defend and hold MumboJumbo and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with any breach by you of the Terms of Use. MumboJumbo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MumboJumbo's defense of such claim.
THE MUMBOJUMBO WEB SITES, THE MATERIALS AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY, AND MUMBOJUMBO EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING THERETO, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MUMBOJUMBO DOES NOT WARRANT OR REPRESENT THAT THE MUMBOJUMBO WEB SITES OR SOFTWARE WILL BE AVAILABLE, ACCURATE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OR THAT ANY DEFECTS THAT MAY BE CONTAINED THEREIN WILL BE CORRECTED.
IN NO INSTANCE WILL MUMBOJUMBO BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MUMBOJUMBO WEB SITES, THE MATERIALS, OR SOFTWARE, EVEN IF MUMBOJUMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND/OR DISCLAIMERS, IN WHICH CASE SOME OF THESE WARRANTIES AND/OR DISCLAIMERS MAY NOT BE APPLICABLE TO YOU.
Any dispute relating in any way to your visit to MumboJumbo or to products you purchase through MumboJumbo.com shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate MumboJumbo’s intellectual property rights, MumboJumbo may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If you believe that any Content appearing on the MumboJumbo Web Sites has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
MumboJumbo, LLC 2019 North Lamar Street Suite 300 Dallas, Texas 75202 Attn: MumboJumbo Office of the President Fax: (214) 855-5980
The MumboJumbo Web Sites are operated by MumboJumbo, LLC. and its affiliates, from its offices in the State of Texas in the United States of America. MumboJumbo does not represent that the MumboJumbo Web Sites are appropriate for use in other locations. Those who choose to access the MumboJumbo Web Sites from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
These Terms of Use are governed by the laws of the State of Texas, without giving effect to any principles of conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of Texas. Any action you, any third party, or MumboJumbo brings to enforce these Terms of Use or in connection with any matters relating to the MumboJumbo Web Sites shall be brought in either the state or federal courts located in the County of Dallas, Texas, and you expressly consent to the jurisdiction of said courts. If any provision of the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement and understanding between you and MumboJumbo, and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein.
