Tetris Online, Inc.
TERMS OF USE

Last Revised: March 9, 2010

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OF THE TETRIS ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND AGREEMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms of use ("Terms of Use") apply exclusively to your access to, and use of, the Web site of Tetris Online, Inc. ("Tetris Online"), located at www.TetrisOnline.com, www.Tetris.net, www.TetrisParty.com and www.TetrisFriends.com (the "Site"), and the features and services available through or provided in connection with the Site (the "Service"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Tetris Online, or its subsidiaries or affiliates, for products, services or otherwise.

Tetris Online reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Tetris Online will indicate at the top of the Terms of Use the date such document was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you expressly agree to waive any notice of such changes. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to review the Terms of Use and applicable policies whenever you use the Site or the Service in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of the Site and the Service. If you do not agree to the amended terms, you must stop using the Site.

  1. 1. Privacy Policy

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    Please refer to our Privacy Policy at www.TetrisFriends.com/legal/privacy for information on how Tetris Online collects, uses and discloses personally identifiable information from its users.

  2. 2. Terms of Sale

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    When such functionality is implemented on the Site, all sales of products and services by Tetris Online that are made through the Site are governed by Tetris Online's Terms of Sale www.TetrisFriends.com/legal/tos, and by ordering products or services from Tetris Online through the Site, you agree to be bound by and accept such Terms of Sale.  The Terms of Sale are subject to change without prior notice at any time, in Tetris Online's sole discretion, so you should review the Terms of Sale each time you make a purchase.

    Currently, Tetris Online uses a third party vendor to process your transactions. Your purchases of products or services are also governed by Jambool’s Social Gold Terms of Service – see https://api.jambool.com/socialgold/terms_of_service. We may use other payment processors in the future.

    Tetris Online may offer a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from Tetris Online for "real world" money if you are a legal adult in your country of residence. Tetris Online may also offer virtual, in-game digital items ("Virtual Goods") that may be purchased from Tetris Online for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Tetris Online or any other party.

    Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency on the Site or in the applications offered by Tetris Online, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating on the Site or in the applications offered by Tetris Online, or any other attributes associated with use of the on the Site or on the applications offered by Tetris Online or stored within the on the Site or within the applications offered by Tetris Online.

    Tetris Online has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Tetris Online shall have no liability to you or anyone for the exercise of such rights. TETRIS ONLINE’S RIGHTS INCLUDE, WITHOUT LIMITATION, THE RIGHT TO MANAGE, REGULATE, CONTROL, MODIFY AND/OR ELIMINATE VIRTUAL GOODS OR VIRTUAL CURRENCY OFFERED USING TERMS SUCH AS "UNLIMITED", "PERPETUAL" OR "ENDLESS."

    Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Site or within the applications offered by Tetris Online. Outside of the Site or applications offered by Tetris Online, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from all Tetris Online websites, games and applications and possible legal action.

    You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Tetris Online's sole and absolute discretion, or if Tetris Online discontinues providing the Site or the applications offered by Tetris Online.

  3. 3. Alpha and Closed Beta Tests

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    As an alpha or closed beta tester, you are invited to use the Site and the Service solely for the purpose of evaluating the Site and the Service, providing feedback and helping to identify errors, and you agree to use the Site and Service in accordance with the terms of the Alpha Tester Agreement. When playing some games during the alpha and closed beta tests, you may accumulate points, treasures, equipment, game histories or other items and value or status indicators (the "Game Items"). You understand that such Game Items may be lost or reset at any time during the testing process or when a particular testing phase is completed, and in such case, all player history, data and Game Items may be erased.

  4. 4. Tetris Software

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    Your use of the Service requires the download, installation and/or use of certain Tetris client software and/or Flash games and may include the downloading and/or use of other Tetris software applications provided through the Site (collectively the "Tetris Software"). Your download, installation and use of any Tetris Software is subject, and you hereby agree to, the terms and conditions of the end user license agreement ("EULA") that accompanies such Tetris Software.

  5. 5. Third Party Content and Applications

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    Tetris Online may provide links to Web pages, Web sites and other content of third parties ("Third Party Content") and may make third party widgets, plug-ins or other software applications available to users ("the Third Party Applications") as a service to it users. Tetris Online does not monitor or have any control over, and is not responsible or liable for, any Third Party Content or Third Party Applications. Third Party Content and Third Party Applications are provided "AS-IS," and Tetris Online does not endorse or sponsor any Third Party Content or Third Party Applications. TETRIS ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO SUCH THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LEGALITY OR SAFETY THEREOF. USERS USE THE THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS CONTAINED THEREIN AT THEIR OWN RISK.

  6. 6. Legal Notice Regarding Tetris Game

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    Tetris ® & © 1985-2009 Tetris Holding, LLC.
    Licensed to The Tetris Company.
    Game Design by Alexey Pajitnov.
    Logo Design by Roger Dean.
    All Rights Reserved.

  7. 7. Copyright and Limited License

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    Unless otherwise indicated, the Site and all content and other materials on the Site or available through the Service, including, without limitation, the Tetris Online logo, and all designs, text, graphics, pictures, information, games, data, software, sound files, and other content and files, and the selection and arrangement thereof (collectively, the "Site Materials"), are the proprietary property of Tetris Online or its licensors or users and are protected by U.S. and international copyright laws.

    You are granted a limited, non-sublicensable license to access and use the Site, the Service and the Site Materials for your non-commercial and personal use only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any data, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) recording any game play or other aspects of the Site or the Service, for personal use or otherwise, without Tetris Online's written consent (e) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (f) use of any data mining, robots or similar data gathering or extraction methods; (g) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; (h) Use of any Tetris Software or any Third Party Applications except in accordance with any applicable EULA; or (i) any use of the Site, the Site Materials or the Services other than for its intended purpose. Any use of the Site, the Site Materials or the Services other than as specifically authorized herein, without the prior written permission of Tetris Online, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  8. 8. Repeat Infringer Policy

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    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Tetris Online has adopted a policy of terminating, in appropriate circumstances and at Tetris Online's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Tetris Online may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  9. 9. Copyright Complaints

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    If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

    Name of Agent Designated to Receive Notification of Claimed Infringement: John Vavul
    Full Address of Designated Agent to Which Notification Should be Sent:
    Customer Service, ATTN: DMCA
    Tetris Online, Inc.
    55 Merchant Street, Suite 1700
    Honolulu HI 96813
    Telephone Number of Designated Agent: 808-954-6100
    Facsimile Number of Designated Agent: 808-954-6101
    E-Mail Address of Designated Agent: dmca@TetrisOnline.com

  10. 10. Trademarks

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    Tetris Online, Tetris, the Tetris Online logos and any other product or service name or slogan contained in the Site are trademarks of Tetris Online and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tetris Online or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Tetris" or any other name, trademark or product or service name of Tetris Online without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tetris Online and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tetris Online.

  11. 11. Hyperlinks

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    You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such link does not portray Tetris Online or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any material that is offensive, harassing, adult in nature, illegal or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tetris Online logo or other proprietary graphic of Tetris Online to link to this Site without the express written permission of Tetris Online. Further, you may not use, frame or utilize framing techniques to enclose any Tetris Online trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Tetris Online's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Tetris Online or any third party.

    Tetris Online makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or, or of Web sites linking to the Site. Such sites are not under the control of Tetris Online and Tetris Online is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Tetris Online provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Tetris Online of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

  12. 12. Advertisements and Promotions

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    Tetris Online may run advertisements and promotions from third parties on the Site, the Service or in the Tetris Software. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tetris Online, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tetris Online is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Tetris Online advertisers on the Site, the Service or in the Tetris Software.

  13. 13. Submissions

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    You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, postings, original or creative materials or other information, regarding the Site or the Service that are provided by you in the form of email or other submissions to Tetris Online (the "Submissions") are non-confidential and shall become the sole property of Tetris Online. You hereby assign all of your right, title and interest in and to such Submissions, including all intellectual property rights therein, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  14. 14. User Content and Conduct

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    The Site may include interactive areas or services, such as personal profile pages, multiplayer video games, instant messaging features, chat rooms or message boards, avatar creation functions, or other areas or Services in which you or third parties create, send, post share or store content, messages, materials or other items on or through the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using the Site or the Service, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Service any of the following:

    • a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    • b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
    • c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
    • d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
    • e. Unsolicited promotions, political campaigning, advertising or solicitations;
    • f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
    • g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
    • h. User Content that, in the sole judgment of Tetris Online, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Tetris Online or its users to any harm or liability of any type.

    Without limiting any of the foregoing, you also agree to abide by our Acceptable Use Policy that provides further information regarding acceptable conduct on the Site. You understand and agree that the Acceptable Use Policy is subject to change by Tetris Online at any time by posting an updated policy on the Site. Tetris Online shall indicate at the top of the Acceptable Use Policy the date such document was last updated, and any changes will be effective immediately upon posting of the revisions on the Site.

    YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. TETRIS ONLINE IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR USER CONTENT PROVIDED BY ITS USERS ON THE SITE OR FOR THE CONDUCT OF ITS USERS, NOR IS TETRIS ONLINE LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER. Tetris Online also is not responsible or liable for any User Content that is incorporated in your personal profile through your election to have Tetris Online pull information and materials from your accounts with third party websites or services, including any errors in such information and materials. While Tetris Online may offer features that enable you to make aspects of the information or materials in your personal profile or your other User Content non-public, Tetris Online is not liable for any inadvertent public display or distribution of such User Content despite your election to make such User Content private. Therefore, you should not post any confidential or otherwise sensitive User Content that you would not feel comfortable having made public. As a provider of interactive services, Tetris Online is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.

    Although Tetris Online has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Tetris Online reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Site or the Service in violation of the rules set forth herein violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
    If you post User Content to the Site, you grant Tetris Online and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, as well as the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

  15. 15. Registration and Registration Data; Account Security

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    You agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or Tetris Software ("Registration Data") and to maintain the security of your password and identification. You further agree to maintain and promptly update the Registration Data, and any other information you provide to Tetris Online, to keep it accurate, current and complete. You accept all risks of unauthorized access to the Registration Data and any other information you provide to Tetris Online. Tetris Online reserves the right to refuse registration, or to refuse or limit access to the Site and the Service, to anyone in its sole discretion for any reason or no reason.

  16. 16. Indemnification

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    You agree to defend, indemnify and hold harmless Tetris Online, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against all claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or from your use of or inability to use the Site or the Service.

  17. 17. Disclaimer

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    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TETRIS ONLINE, THE SITE, THE SITE MATERIALS AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TETRIS ONLINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE, THE SERVICE, AND THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY TETRIS SOFTWARE, THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. TETRIS ONLINE DOES NOT REPRESENT OR WARRANT THAT SITE, THE SERVICE OR THE SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

    YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. TETRIS ONLINE IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SITE OR USE THE SERVICE, AND YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK.

    TETRIS ONLINE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE TETRIS ONLINE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, TETRIS ONLINE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVER(S), THE TETRIS SOFTWARE, THIRD PARTY APPLICATIONS OR OTHER SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    Tetris Online reserves the right to change, cancel or delete any and all content contained in the Site and any Services offered through the Site at any time without notice. This includes without limitation any levels, rankings, scores, points, game play history, or public recognition you may have achieved or attained.

  18. 18. Limitation of Liability

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    IN NO EVENT SHALL TETRIS ONLINE, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE USER CONTENT OR THE OTHER SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TETRIS ONLINE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF PROFILES OR MESSAGES, CANCELLATION OF SAVED GAMES, CHANGES TO OR DELETION OF GAME SCORES OR RANKINGS, THE PROCESS OF MATCHING USERS TO PLAY MULTIPLAYER GAMES OR ENGAGE IN OTHER MULTI-USER ACTIVITIES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TETRIS ONLINE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TETRIS ONLINE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR ANY SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TETRIS ONLINE FOR ACCESS TO OR USE OF THE SITE OR ANY SERVICES.

  19. 19. Applicable Law and Venue

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    These Terms of Use and your use of the Site and any Services shall be governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions.

  20. 20. Termination

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    Notwithstanding any of these Terms of Use, Tetris Online reserves the right, without notice and in its sole discretion, to terminate your license to use the Site or Services, and to block or prevent future your access to and use of the Site or Services.

  21. 21. Severability

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    If any provision of these Terms of Use shall be deemed 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.