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Avatars United Developer Addendum to the Avatars United Terms of Use Agreement

1. Introduction

This Avatars United Developer Addendum (this "Developer Addendum") to the Avatars United Terms of Use Agreement (the "Avatars United Agreement", as may be modified from time to time, located at http://www.avatarsunited.com/terms_of_use), together with the Avatars United Agreement, constitute legally binding terms and apply to your use of the Avatars United Developer Platform (as defined below) and the development software, features and functionality included therein and relating thereto. Any capitalized terms used in this Developer Addendum not otherwise defined will have the meanings assigned to them in the Avatars United Agreement. For the avoidance of doubt, (i) the Avatars United Developer Platform is an "Avatars United Service", and all references to "Avatars United Services" include the Avatars United Developer Platform and (ii) Avatars United Applications and Avatars United Application Content are "Content" as defined by the Avatars United Agreement and all references to "Content" in the Avatars United Agreement include the Avatars United Applications and Avatars United Application Content. In the event of a conflict between this Developer Addendum and the Avatars United Agreement, this Developer Addendum will govern with respect to the Avatars United Developer Platform. The term "Developer" refers to a User that has accessed and/or used the Avatars United Developer Platform. Please read the Avatars United Agreement and this Developer Addendum carefully.

You are authorized to use the Avatars United Developer Platform (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law"), the Avatars United Agreement and this Developer Addendum. By accessing and/or using the Avatars United Developer Platform you agree to be bound to the terms of the Avatars United Agreement and this Developer Addendum. In addition, you must indicate your acceptance of the Avatars United Agreement and this Developer Addendum during the Developer application creation process. You may be required to download software or content and/or agree to additional terms and conditions in order to use and access the Avatars United Developer Platform. Enemy Unknown reserves the right to modify the Avatars United Agreement and/or this Developer Addendum at any time and from time to time, and each such modification will be effective upon posting on the Avatars United Developer Platform Website (http://developer.avatarsunited.com). Your continued use of the Avatars United Developer Platform following any such modification constitutes your agreement to be bound by and acceptance of the Avatars United Agreement and/or this Developer Addendum as so modified. It is therefore important that you review the Avatars United Agreement and this Developer Addendum regularly. If you do not agree to be bound by this Developer Addendum and the Avatars United Agreement and to follow all Applicable Law, you are required to discontinue use of the Avatars United Developer Platform immediately.

2. Definitions

"Advertising" means advertising, sponsorship or other commercial or promotional content or other content from which revenue or compensation is received.

"Applications Communication" means a message, notification or any other form of communication or post to or update of a User’s profile (including, without limitation, a user’s status), Application Message, Application Invite, or other communication sent to a User by or on behalf of an Avatars United Application or initiated by an Avatars United Application and sent between Users.

"Application Invite" means an Application Communication sent by or on behalf of an Avatars United Application to a User that is not currently a user of that Avatars United Application (i.e., does not have that Avatars United Application installed), sent via the APIs provided by the Avatars United Developer Platform, including, without limitation, invitation messages sent by an existing user of an Avatars United Application through the Avatars United Application.

"Application Message" means an Application Communication sent by an Avatars United Application to a User that is also a current user of that Avatars United Application, via that User’s Message Inbox, Notification Inbox or e-mail.

"Application About Page" means a page containing a description, usage metrics and installation button for an Avatars United Application.

"Canvas View" means a page on which an Avatars United Application is shown using the full width of the content section of the Avatars United Website, by itself, without any other Avatars United Application being shown on that page.

"Avatars United Application" means an application provided by the Developer that may be used on and/or interfaces with the Avatars United Website or the Avatars United APIs.

"Avatars United Application Content" means text, files, data, technology, software, code, user interfaces, images, photos, video, sounds, musical works, works of authorship, or any other information or materials that are included in or provided through or in connection with an Avatars United Application (other than the Avatars United Property, the Avatars United Content and any other information or materials that may be provided by Avatars United from time to time).

"Avatars United Developer Platform" means the software, features, functionality and supporting materials that enable a Developer to develop applications for use on the Avatars United Website, which may enable such applications to retrieve certain data provided by Avatars United relating to Members or provide data from Avatars United Applications to Avatars United. The Avatars United Developer Platform may include, without limitation, one or more APIs, programming tools and documentation.

3. Eligibility

To use the Avatars United Developer Platform, you must be a Member and have an active Avatars United account. By your use of the Avatars United Developer Platform, you hereby confirm that you are at least 18 years old, or if under 18, you have obtained your parent’s or legal guardian’s permission to use the Avatars United Developer Platform. You must be proficient in English to use the Avatars United Developer Platform. A valid email address must be provided for your account. If your provided email address becomes invalid and you do not provide an updated email address, your access to the Avatars United Developer Platform may be suspended or terminated.

4. Term

This Developer Addendum shall remain in full force and effect while you are a Developer. You may terminate your Developer status at any time, for any reason, by ceasing to use the Avatars United Developer Platform. Enemy Unknown may terminate your Developer status and your access to the Avatars United Developer Platform or may suspend or terminate your participation in the Avatars United Developer Platform or any part thereof, including, without limitation, by refusing to post, removing or deleting your Avatars United Application(s) and your Avatars United Application Content, in full or in part, at any time, for any or no reason. Even after your Developer status and/or access to the Avatars United Developer Platform has terminated, this Developer Addendum and the Avatars United Agreement will remain in effect, except that all rights granted to you hereunder shall immediately terminate. Upon termination of your Developer status or Enemy Unknown’s termination of your access to the Avatars United Developer Platform you must immediately cease to use and delete any Avatars United Property that you may have accessed (as defined below). Notwithstanding the foregoing, you understand and agree that Enemy Unknown is under no obligation to delete or ask Users to delete your Avatars United Application Content that has been incorporated into other aspects of the Avatars United Website and therefore such Avatars United Application Content may continue to appear and be used indefinitely.

5. Developer Access

Upon submission of an Avatars United Application, you will be assigned a unique API key and secret pair which you will need to provide to Avatars United in order for that Avatars United Application to access the APIs provided by the Avatars United Developer Platform. You are entirely responsible for maintaining the confidentiality of your API secret. You will not use the API key and secret of another Developer at any time or to disclose your API secret to any third party. You will notify Enemy Unknown immediately if you suspect any unauthorized use of or access to your Avatars United account or your API key or secret. You are solely responsible for any and all use of your Avatars United account and API key and secret. Avatars United, Enemy Unknown and their affiliates are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any Content that you submit in connection with your Avatars United account or Avatars United Applications.

6. Commercial Use

Enemy Unknown allows you to include Advertising only on your Application Canvas View in the areas that you control, provided that you may not provide Advertising that in any way implies Avatars United or Enemy Unknown endorsement or affiliation with such Advertising. Avatars United Application Content which appears on an Avatars United Avatar Profile or Avatars United Group Profile, in Application Communications or a page which contains any other Avatars United Application (other than your other Avatars United Applications or an Avatars United Application which in such instance you have agreed to provide Advertising for) may not contain any Advertising except your own Avatars United Application’s brand attribution or brand attribution to a third party service used in your Avatars United Application. Notwithstanding the foregoing, if an Avatars United Application includes branding that will appear in the Avatars United Application on an Avatars United Avatar Profile or Avatars United Group Profile (i) you may not receive revenue or other compensation from a third party in connection with the inclusion of such branding (except in the case of Contracted Development as described below); and (ii) the Avatars United Application must offer functional utility to Users other than the provision of such branding. You may receive compensation from a third party to develop and provide an Avatars United Application on behalf of such third party ("Contracted Development") and in such case, the Avatars United Application may contain that third party’s branding; provided that you understand that you will at all times remain responsible and liable for compliance with the Avatars United Agreement and this Developer Addendum in connection with such Avatars United Application and any branding included therein. In addition, with respect to Contracted Development, Enemy Unknown reserves the right, to suspend or terminate the third party brand’s access to all or part of the Avatars United Services if any Avatars United Application(s) submitted containing such third party’s brand fails to comply with the Avatars United Agreement or this Developer Addendum and you must inform the third party of such right. You will not, and will not permit any person, directly or indirectly, to provide Advertising in connection with your Avatars United Application or Avatars United Application Content that is inconsistent with the Avatars United Agreement or this Developer Addendum, including, without limitation, the rules and restrictions regarding posts and updates to Avatar Profiles and Group Profiles and other communications with Users, including, without limitation, as set forth in Section 8.11. For the avoidance of doubt, you may not append any Advertisements to otherwise acceptable posts or communications. Without limiting the generality of the foregoing, Developer shall block the following types of Advertising (each, an "Abusive Ad") from delivery to its Avatars United Application and/or Avatars United Application Content: Advertising (a) which conducts any action outside of the area you control on your Application About Page or Canvas Page or otherwise fails to conform to the format and technical specifications set by Enemy Unknown, including, without limitation, by use of expandable banners, floating Advertising, and/or interstitials; (b) incorporating sounds or music unless the User has consented to the initiation of those sounds or music; (c) triggering a pop-up, pop-under, dialogue box (e.g. alerts, etc.), or initiating a downloadable application; (d) for online gambling, online pharmacies, pornographic products or services, alcohol, guns, or tobacco; (e) containing any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise adversely alter the User experience; and (f) containing any content, work, name, mark, designation, materials, or link that, to a reasonable person (as determined by Enemy Unknown in its sole discretion), may be infringing, abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious or in any way contains nudity, sexually explicit or illegal content. Notwithstanding anything to the contrary contained herein, you acknowledge that providing or permitting Advertising to be provided, directly or indirectly, in violation of this Section 6, including, without limitation, failing to block an Abusive Ad will constitute a breach of this Developer Addendum by you and entitle Enemy Unknown to all available remedies in law and equity, including, without limitation, special, punitive and exemplary damages and indemnification from you in connection with any third party claim, action or other proceeding arising out of or related to such event. In addition, any Advertisements you include on the Avatars United Services must not contain software downloads or download command or dialog boxes.

7. Proprietary Rights

As between the parties, Enemy Unknown retains all right, title and interest, including without limitation, all intellectual property rights, in and to (i) the Avatars United Services, including, without limitation, the Avatars United Developer Platform, including, without limitation, any and all content, look and feel, user interfaces, data and metrics in connection therewith, and any derivative works and/or compilations thereof or relating thereto; (ii) User Information; and (iii) any feedback you may provide to Enemy Unknown in connection with the Avatars United Developer Platform (collectively, " Avatars United Property"). You agree to take such actions (including, without limitation, execution of affidavits or other documents) as Enemy Unknown may reasonably request to effect, perfect or confirm Enemy Unknown’s rights in and to the Avatars United Property.

Subject to the terms and conditions of the Avatars United Agreement and this Developer Addendum, Enemy Unknown grants to you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the Avatars United Developer Platform solely to develop, test, display, distribute and execute Avatars United Application(s) and Avatars United Application Content, allow you to access the User Information as made available by Enemy Unknown, and allow other Users to access your Avatars United Application; provided that Enemy Unknown reserves the right to limit, restrict or prohibit your or other User access to the Avatars United Developer Platform at any time or over a period of time, with or without notice, in its sole discretion. You will not, and will not permit any person, directly or indirectly, to (i) reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, or, other than as explicitly permitted hereunder, create derivative works of the Avatars United Services, including, without limitation, the Avatars United Developer Platform, or any aspect or portion thereof, including without limitation, source code and algorithms; or (ii) distribute, sell, resell, lease, license, sublicense or transfer or otherwise make the Avatars United Developer Platform or any User Information available to any person or entity other than as expressly provided therein (including by storing the Avatars United Developer Platform or User Information in any manner which would enable or facilitate access to it (other than in the case of the User from which such User Information was retrieved ("Originating User")). You will use the User Information solely as necessary for the functionality of your Avatars United Application.

As between the parties, you retain all right, title and interest, including without limitation, all intellectual property rights, in and to any Avatars United Application and Avatars United Application Content that you create (excluding any Avatars United Property and Avatars United Content). By submitting or posting a Avatars United Application or Avatars United Application Content on or through the Avatars United Services, you hereby grant to Enemy Unknown a limited, non-exclusive, fully paid and royalty-free, worldwide license under any patent issued for such Avatars United Application or Avatars United Application Content and additional rights to use, copy, sublicense, reformat, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, execute and store and cache on its servers such Avatars United Application and any Avatars United Application Content related thereto, including, without limitation, the right to link to, frame or embed your Avatars United Application and Avatars United Application Content and the right to and allow third parties to display Advertising and other Content with and in connection with your Avatars United Application and Avatars United Application Content. Except as expressly granted herein, neither party grants the other party any intellectual property or other proprietary rights. You hereby release and covenant not to sue Enemy Unknown, its subsidiaries, or affiliates, or their respective officers, directors, agents, partners and employees, for any and all damages, liabilities, causes of actions, judgments, and claims pertaining to any materials or intellectual property you develop utilizing, in reliance on or with reference to the Avatars United Developer Platform or which otherwise may arise in connection with your utilization of, reliance on or reference to the Avatars United Developer Platform. In addition, you understand and acknowledge that (i) Enemy Unknown may be independently creating applications and/or other Content in parallel with and similar to your efforts, and (ii) nothing in this Agreement restricts or prevents Enemy Unknown from creating and fully exploiting any such applications and/or Content of Avatars United or Enemy Unknown without any obligation to you.

8. Applications

  • 8.1. You are solely responsible for your Avatars United Applications and Avatars United Application Content, and any material or information that you transmit to other Users and for your interactions with other Users, including without limitation, complying with all Applicable Law, the Avatars United Agreement and this Developer Addendum and for procuring and maintaining all necessary licenses, permissions and rights for your Avatars United Application(s).
  • 8.2. Avatars United Look-and-Feel and Affiliation. You and your Avatars United Application and Avatars United Application Content will not, and will not permit any person, directly or indirectly, to:
    • 8.2.1. imply inaccurate creation, affiliation, sponsorship or endorsement of you or your Avatars United Application by Avatars United, Enemy Unknown or any site or service owned, controlled or operated by Enemy Unknown (each a "Enemy Unknown Property"), for example, "Avatars United #1 gaming app," "official Avatars United application," or by using "Avatars United," "Avatars," "United," "AU," "Enemy Unknown" or any variations, abbreviations or misspellings of the foregoing in your Avatars United Application’s name or URL to the right of the top level domain;
    • 8.2.2. replicate, replace or create a Avatars United Application substantially similar to the Avatars United Services in whole or in part, including, without limitation, the Avatars United Website;
    • 8.2.3. mimic or otherwise be similar to the look and feel of any Enemy Unknown Property;
    • 8.2.4. use the copyrighted materials of, or otherwise mimic or be similar to the, content, navigation, service messaging or functionality of any Avatars United Service or other Enemy Unknown Site;
    • 8.2.5. falsely lead a User to believe he or she is interacting directly with Avatars United or Enemy Unknown; or
    • 8.2.6. except as explicitly permitted herein, use any registered or unregistered trademarks, service marks, corporate logo, URL or other indicia of origin ("Marks") of Avatars United or Enemy Unknown, whether in written format or graphics ("Avatars United Marks").
  • 8.3. Third Party Rights. You and your Avatars United Application and Avatars United Application Content will not, and will not permit any person, directly or indirectly, to:
    • 8.3.1. remove, obscure, or alter any identification, watermark or other notice, including, without limitation, of patent, copyright, trademark or other proprietary right appearing on or contained within the Avatars United Services, including, without limitation, the Avatars United Developer Platform;
    • 8.3.2. violate the privacy rights, publicity rights, copyrights, trademark, contract rights or any other rights of any person; [Note that even if you lawfully possess a copy of the content which you are uploading (e.g., because you purchased a copy of a photo), this alone does not give you the right to lawfully upload this copy to the Avatars United Services or a Avatars United Application];
    • 8.3.3. use another person's or entity's trademark, service mark, slogan, logo, brand name, company name or other identifier unless such party grants prior permission or as otherwise permitted by law;
    • 8.3.4. include a photograph or image of another person without that person's consent;
    • 8.3.5. contain any type of multi-media unless properly licensed for this specific use;
    • 8.3.6. use any Marks, including without limitation, the Avatars United Marks in a manner that would tarnish, dilute or otherwise impair the Mark owner’s right in and to such Marks; or
    • 8.3.7. impose or purport to impose any obligation or grant any right, power or authority to yourself or any other person that would be unlawful or otherwise inconsistent with the Avatars United Agreement or this Developer Addendum.
  • 8.4. Funtionality, User Experience and Security. You and your Avatars United Application(s) and Avatars United Application Content will not, and will not permit any person, directly or indirectly, to:
    • 8.4.1. interfere or attempt to interfere in any manner with the functionality or proper working of or otherwise adversely impact the Avatars United Developer Platform or Avatars United Services, or any portion or feature thereof (including, without limitation, any Advertisements on the Avatars United Services), or any other computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, including, without limitation, through the use of viruses, bots or worms;
    • 8.4.2. interfere with, attempt to interfere with or otherwise manipulate or attempt to manipulate community relationships or communication on the Avatars United Services;
    • 8.4.3. impersonate any person, or obtain access to the Avatars United Website or other Avatars United Services without authorization;
    • 8.4.4. circumvent or modify, attempt to circumvent or modify or claim the capability to circumvent or modify any security technology or software, content protection mechanism or Avatars United or Enemy Unknown data measurement tools;
    • 8.4.5. except as explicitly permitted herein, modify, copy, distribute, download, scrape or transmit in any form or by any means, in whole or in part any content from the Avatars United Services other than your Content which you legally post on or through the Avatars United Services;
    • 8.4.6. send and receive data to and from the Avatars United Services or perform Avatars United Service functions other than by using the Avatars United Developer Platform;
    • 8.4.7. request, collect, prompt, solicit or otherwise obtain access to usernames, passwords or other authentication credentials for the Avatars United Services from any Users;
    • 8.4.8. proxy authentication credentials for any Users for the purposes of automating logins to the Avatars United Website or any Enemy Unknown Property;
    • 8.4.9. provide "tracking" functionality in connection with the Avatars United Services, including without limitation, to identify other Users views or actions on the Avatars United Services;
    • 8.4.10. mislead, deceive or attempt to mislead or deceive a User about the functionality of a Avatars United Application or the use of User Information by such Avatars United Application;
    • 8.4.11. automatically redirect a browser window to another web page;
    • 8.4.12. contain hidden, misleading or harmful functionality;
    • 8.4.13. require a download for application functionality;
    • 8.4.14. include downloads, link to another website with the intent to download, or initiate any download process or sequence (e.g., ActiveX components), whether of content, or browser add-on (except for Flash or Silverlight);
    • 8.4.15. contain any hidden bundled components or otherwise bundle any feature or functionality (including, without limitation, software commonly considered or classified as AdWare/Spyware);
    • 8.4.16. employ visually disruptive graphics or effects (e.g. flashing, shaking, pulsing graphics, etc.)
    • 8.4.17. use animated logos;
    • 8.4.18. block or impede browser functionality from working as intended (e.g., "Back" and "Close" functionality must be fully operational);
    • 8.4.19. navigate the top browser window or any containing IFrame to a new location, except by using the OpenSocial "requestNavigateTo" call;
    • 8.4.20. feature false or misleading system messaging, warning messages, dialog boxes or error messages, or other operating system functions;
    • 8.4.21. contain pop-ups, pop-unders, dialogue boxes (e.g., alerts) other than to allow users to (a) print; (b) browse/upload a file; (c); use RSS functionality (only if such functionality is contained within the browser and provided that such functionality degrades gracefully if the User’s browser does not support such functionality); or (d) bookmark (only if the functionality is contained within the browser and provided that such functionality degrades gracefully if the User’s browser does not support such functionality). Any such permitted pop-up functionality must explicitly state to the User such functionality.
    • 8.4.22. contain or create ActiveX objects or embeds except Xml, Http, Flash, Silverlight, and Windows Media Player;
    • 8.4.23. use Flash or Silverlight code that interferes with any other part of the Avatars United Services;
    • 8.4.24. require payment to install the Avatars United Application;
    • 8.4.25. impede a User’s ability to uninstall a Avatars United Application;
    • 8.4.26. adjust the Avatars United Application name or description in order to increase placement within the application gallery;
    • 8.4.27. contain special non alpha numeric characters in the app name, including, but not limited to #, $, %, ^, &, *;
    • 8.4.28. self-install or install automatically without the User clicking the Install this Application button;
    • 8.4.29. interfere with any of the content on the User's Application Dashboard, Avatar Profile or the Group's Group Profile, including other applications, including, without limitation, by repositioning the location of the Avatars United Application on the User’s Application Dashboard, Avatar Profile or the Group's Group Profile or automatically scrolling the User’s browser;
    • 8.4.30. change or hide the Avatars United top banner or bottom footer on any page;
    • 8.4.31. IFrame a webpage unless you have all necessary rights to permit the Avatars United Application to display such website for the specific use in question;
    • 8.4.32. have error, loading or other messaging including "Avatars United" or otherwise implying affiliation with Avatars United or Enemy Unknown;
    • 8.4.33. contain any form of search box that searches outside of the application’s proprietary information or display search results with sponsored results;
    • 8.4.34. restrict or hinder the ability of you or your Avatars United Application to receive communications from Users, including without limitation, by restricting communications to you or your Avatars United Application to be received from friends-only; or
    • 8.4.35. provide a multi-step process for a User to complete an action without presenting a way for the User to back out or abort such process without completing the action and without other penalty to the User.
  • 8.5. Avatars United Applications must:
    • 8.5.1. offer functional utility to Users (e.g., all surfaces load and are properly formatted, no broken links, no typos, proper categorization);
    • 8.5.2. open all external links in a new window excluding links out of the developer's control (e.g., Google AdSense);
    • 8.5.3. contain unique content and functionality on each used application surface (i.e., canvas, home and profile pages must each contain unique content);
    • 8.5.4. contain elements that are unique from existing applications; and
    • 8.5.5. if an application is "templated," (i) contain substantial differences between each instance of the application and (ii) allow for a User to switch between the various templates within the application itself.
  • 8.6. Avatars United Avatar Profile, Group Profile and Application Dashboard.
    • 8.6.1. You and your Avatars United Application(s) and Avatars United Application Content will not permit any User to edit HTML which may be rendered on an Avatars United Avatar Profile, Group Profile or Application Dashboard.
  • 8.7. User Information Display. You and your Avatars United Application(s) and Avatars United Application Content will not, and will not permit any person, directly or indirectly, to:
    • 8.7.1. enable any other person to personally identify any User except with such User's express consent; or
    • 8.7.2. display or otherwise provide (i) any User Information to any User other than the Originating User without the prior consent of the Originating User or (ii) any other information that poses or creates a privacy or security risk to any person.
  • 8.8. Storage and Export of Data. Unless data is otherwise designated in writing by Enemy Unknown, you and your Avatars United Application(s) and Avatars United Application Content will not, and will not permit any person, directly or indirectly, to:
    • 8.8.1. export any User Information; or
    • 8.8.2. cache any User Information or other Avatars United Content for more than twenty-four (24) hours and must cease using and delete any User Information or other Avatars United Content within twenty-four (24) hours after the time which you obtained such data (including, without limitation, any information that may be used on mobile devices).
  • 8.9. Collecting Payment and Promotional Offers. If you or your Avatars United Application collects or uses or directs the User to a service to collect (each such service a "Payment Service") any payment or account information or other value (including, without limitation, information from the User in connection with an offer for value) from Users you and the Payment Service(s) must comply with the then current rules and regulations of all payment networks you use and the Payment Card Industry Data Security Standards available at http://www.pcicomplianceguide.org/pci-basics.html. Such collection of payment or account information may not occur on an Avatars United Avatar Profile, Group Profile, User's Application Dashboard or any page within the Avatars United Website. However, you may collect such information in your Avatars United Application Canvas View if the Canvas View is hosted outside of the Avatars United Website (e.g., IFRAME displaying information from a non-Avatars United website) or link to a page outside of the Avatars United Website for such collection (so long as such link otherwise complies with this Developer Addendum and the Avatars United Agreement). The failure of a Developer, Payment Service or Avatars United Application to provide a User with services, product or other value for which the User has paid the Developer may result in immediate suspension or deletion of the related Avatars United Application(s), suspension of user install functionality for the related Avatars United Application(s) and/or permanent suspension of such Developer’s or Payment Service’s access to the Avatars United Developer Platform, at Enemy Unknown's sole discretion. In addition, you and your Avatars United Application and, if applicable, the Payment Service must clearly and conspicuously disclose (i) that any payment collection is directly by you and if applicable, the Payment Service, and not Avatars United or Enemy Unknown and that you are solely responsible for the provision of the item or services; (ii) the terms of purchase or collection, including, without limitation, the item or services purchases and the duration of use for the item or service; and (iii) a policy and mechanism for refund in appropriate circumstances (i.e. if the item or services do not function as promised or the duration of use is not met).
  • 8.10. Customer Service. Customer service is a very important part of your responsibilities as a Developer. Note that repeat User complaints and/or failure to adhere to the above requirements may result in immediate suspension or deletion of the related Avatars United Application(s), suspension of the user install functionality for the related Avatars United Application(s) and/or permanent suspension of your access to the Avatars United Developer Platform, at Enemy Unknown’s sole discretion. You and your Avatars United Applications must:
    • 8.10.1. respond to any communication sent by a User with assistance within a reasonable period of time and resolve User complaints in a timely manner;
    • 8.10.2. address User questions and complaints posted or sent to you in a timely manner;
    • 8.10.3. provide a contact name, phone number, Avatars United Avatar Profile and email address to Avatars United to forward any reports and potential inquiries from law enforcement to (please note that the email address and Avatars United Avatar Profile may be provided to Users); and
    • 8.10.4. clearly and conspicuously disclose that any communication, offer or payment collection is directly by or with the Developer, and not Avatars United or Enemy Unknown.
  • 8.11. Application Communications (e.g., Application Messages and Application Invites).
    • 8.11.1. Avatars United Applications and Avatars United Application Content must be clear and truthful when sending Application Communications to Users and initiating Application Communications between Users.
    • 8.11.2. For all Application Communications (other than Application Messages not initiated by the User), the User must be made aware, prior to the initiation of any action with respect to an Application Communication, of both the form and content of that action, whether they are posting to their own Avatars United Avatar Profile or an Avatars United Group Profile, sending a comment or message, or posting a bulletin. (e.g., "Share with your friends" is not allowed, but "Post a bulletin to your friends" is acceptable) and the recipient of any Application Communication must be made aware of why they have received such Application Communication.
    • 8.11.3. You must clearly state the source of any Application Communication.
    • 8.11.4. The option to NOT initiate an Application Communication must be of equal prominence as the option to initiate such Application Communication.
    • 8.11.5. You and your Avatars United Applications and Avatars United Application Content will not, and will not permit any person, directly or indirectly, to:
      • a. incentivize a User to "opt-in" to share their email address, first and last name to earn prizes, points, virtual money, a ranking, or any benefit within or outside the service except in the context of a broader offer for products or services with the terms of such offer and use of such information (including, without limitation, any party that information will be disclosed to) clearly disclosed to a User;
      • b. send any Application Communication, including, without limitation, any message, comment, notification, surveys or any other form of communication or post to or update a User’s Avatar Profile (including, without limitation, an Avatar’s status) from a User without such User's consent, including without limitation, sending an Application Communication which falsely appears to have originated with such User.
      • c. All Application Invites and all Application Messages sent to the User's Message Inbox (other than through use of the Avatars United provided web service APIs) must be displayed in advance to the initiating User, and the User must confirm the action prior to completing the Application Communication;
      • d. post to or update a User’s Avatar Profile or Group's Group Profile with templated text;
      • e. incentivize a User to send an Application Communication to earn prizes, points, virtual money, a ranking, or any benefit within or outside the application;
      • f. make application content or functionality contingent upon sending a message to another user or posting to/updating a User’s Avatar Profile or a Group's Group Profile;
      • g. ask a User to send a an Application Communication (including, without limitation, a post to/update to the User’s Avatar Profile or a Group's Group Profile) as the first action within the application. Applications may not request a User communicate with another User before the User actually uses the application for its express purpose;
      • h. pre-select an option for a User to send an Application Communication or pre-select the other Users the Application Communication will be sent to;
      • i. force, mislead or attempt to pressure a User into any Application Communication (including, without limitation, a post to/update to the User’s Avatar Profile or a Group's Group Profile), including, without limitation, through the use of confusing user interface, small or hidden "Skip" or other links which would allow the User to continue without sending the communication, or repetitive or excessive prompts or other attempts to encourage the same action;
      • j. offer a guarantee of anonymity to a User who intends to leave a message on another User’s account. Avatars United Applications that enable "anonymous" messaging must display a message to the User before such User leaves a message for another User that the message will be logged for security purposes and that Enemy Unknown reserves the right to request the messaging User’s IP address; and(ii) must maintain log files of all such anonymous messages, including but not limited to the following information: sender’s Person ID, sender’s IP address, recipient’s Person ID, and date/time stamp;
      • k. send an Application Communication which relates to a Avatars United Application other than the Avatars United Application sending or directing that Application Communication;
      • l. include Advertising in an Application Communication (other than brand attribution as permitted under Section 6);
      • m. mislead a User about the source of an Application Communication (e.g., falsely allow an Application Communication appear to originate from or be initiated by a User);
      • n. send any Application Communication to a User that has blocked communications, invitations, or notifications from your Avatars United Application;
      • o. include a User or references to a User within an Application Communication without such User's prior opt-in to such inclusion;
      • p. send an Application Communication (other than Application Messages or Application Invites) to multiple Users at the same time or present Users with the option to send multiple Application Communications other than Application Messages or Application Invites) at the same time or with the same initiating action;
      • q. send an Application Message to greater than twenty-five (25) recipients at the same time;
      • r. send Application Messages of a given type through the Avatars United provided APIs to anyone that (i) is not already a user of the sending Avatars United Application; (ii) is using the Avatars United Application but has disabled use of such type of Application Messages; or (ii) has disabled Applications Messages of such type for applications that he or she is not using.
      • s. send an Application Invite, to over twenty-five (25) recipients at the same time or provide Users with the option to send over twenty-five (25) recipients at the same;
      • t. following an Application Invite process, redirect to any page that includes an Application Invite selection or sending functionality or otherwise "chain" or "loop" the Application Invites process.
    • 8.11.6. Enemy Unknown reserves the right to pre-approve Developers for use of all or part of the available Application Communications functionality on the Avatars United Developer Platform.

9. Content Posted

Please select the subject matter and content of your Avatars United Application carefully. Each Avatars United Application and all Avatars United Application Content must comply with (i) this Developer Addendum, (ii) the Avatars United Agreement (including, without limitation, the content and activity restrictions set forth in Sections 8 and 9); and (iii) all Applicable Law. Enemy Unknown reserves the right, in its sole discretion to review prior to posting, reject, refuse to post or remove any Avatars United Application or any Avatars United Application Content or to restrict, suspend or terminate your access to all or any part of the Avatars United Developer Platform at any time, for any or no reason, with or without prior notice, and without liability. Avatars United Applications that have been posted to the Avatars United Services may not be changed substantially from their original purpose and functionality. If an Avatars United Application has been posted to the Avatars United Services, such application’s code may be updated only to fix bugs and provide enhancements to existing application functionality. Excessive, irregular, and/or large changes in a posted Avatars United Application’s code may result in suspension or deletion of that application. In addition, if your Avatars United Account is removed or your access is restricted, suspended, or terminated to any other Avatars United Service for any or no reason, your Avatars United Application(s) and/or your Avatars United Application Content may be removed immediately and your access to the Avatars United Developer Platform may be restricted, suspended, or terminated, in Enemy Unknown's sole discretion.

  • 9.1. You agree to expeditiously remove any Avatars United Application Content upon Enemy Unknown's request.
  • 9.2. Accuracy of Content. You and your Avatars United Applications and Avatars United Application Content (including, without limitation, Advertisements in connection with) must comply with the appropriate trade guidelines and policies, and must not otherwise be deceptive, misleading, or unfair. Your Avatars United Application must have an accurate description on the application about page, gallery, and within the application itself, including appropriate icons and any application requirements (e.g., third party registration or membership to another website). If your Avatars United Application or Avatars United Application Content contain free offers or discounts, you must disclose all material terms and conditions relating to the free offer or special discount within the Avatars United Application or Avatars United Application Content. You and your Avatars United Applications and Avatars United Application Content must not (i) promote false or misleading claims; (ii) use "bait and switch" advertising; or (iii) use superlatives relating to your Avatars United Applications that may be misleading, confusing or unsubstantiated, such as "most popular application on Avatars United" (you may use general terms that a consumer understands is not a scientifically proven fact, but is advertising "puffery" such as "best in the world" or "most amazing game you will ever play"). In addition, any games or activities contained within your Avatars United Application must (i) not be misleading or confusing or give a false impression that prizes may be awarded to players and (ii) have clear rules that would be easily understandable to the average User.
  • 9.3. Prohibited Content. In addition to the rules and restrictions set forth in the Avatars United Agreement and this Developer Addendum, your Avatars United Applications and Avatars United Application Content (including Advertising) must not contain, reference, promote or link to:
    • 9.3.1. any content which does not comply with the guidelines and restrictions set forth in the Avatars United Agreement;
    • 9.3.2. nudity, sexually explicit, or illegal images;
    • 9.3.3. alcohol content targeted to Users under ages 18;
    • 9.3.4. dating content targeted to Users under age 18;
    • 9.3.5. any advertisements for products or services targeted at Users under the age at which such services or products can legally be used;
    • 9.3.6. references to or promotion of online gambling;
    • 9.3.7. references to or promotion of prostitution;
    • 9.3.8. promotion of illegal activities or offers or anything of questionable legality;
    • 9.3.9. hate speech or otherwise promotes discrimination, violence, or displays defamatory, profane, hateful, or libelous material;
    • 9.3.10. promotion or glorification of human suffering or death, including without limitation rape, torture, cannibalism or violent images;
    • 9.3.11. offensive or inappropriate language;
    • 9.3.12. advertising that misrepresents, ridicules, or attacks an individual or group on the basis of age, color, national origin, race, religion, sex, sexual orientation or disability;
    • 9.3.13. references to or promotion of firearms or parts for firearms, ammunition, brass knuckles, butterfly knives, fireworks or pyrotechnic devices;
    • 9.3.14. references to or promotion of recreational drugs, including without limitation aids to passing drug tests;
    • 9.3.15. references to or ads for fake documents, including without limitation identifications, immigration papers and diplomas or credentials;
    • 9.3.16. promotion of a prohibited service or application for use in connection with Avatars United or any other website which is owned, operated, or controlled by Enemy Unknown;
    • 9.3.17. references to or promotion of bulk marketing products used for the transmission of "junk mail," "chain letters," or unsolicited mass mailing, pyramid schemes, instant messaging, "spimming," or "spamming";
    • 9.3.18. references to or promotion of counterfeit or imitation designer goods;
    • 9.3.19. references to or promotion of products that promote false or misleading dietary claims;
    • 9.3.20. references to or promotion of "miracle cures";
    • 9.3.21. references to or promotion of drugs, prescription or otherwise;
    • 9.3.22. promotion of an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing "pirated" music or links to "pirated" music files; or
    • 9.3.23. promotion, or other encouragement of violence from one person towards another, including "hate lists".

10. Privacy

  • 10.1. You agree to implement and comply with standards of privacy and confidentiality for the collection, use, sharing and storage of any data related to any User, including without limitation any User Information, that are at least as stringent and user-favorable as the standards set forth in the Avatars United privacy policy. You may only collect personally identifiable information ("PII") from a User if that User "opts-in" to such collection after you have clearly disclosed that the information is being collected directly by you, and not by Avatars United or Enemy Unknown and have directed the User via link to your privacy policy. You are prohibited from using any data related to Avatars United Users which you access or collect or are provided in connection with your Avatars United Application other than as expressly provided in this Developer Addendum and from providing such data to any third party, including for the purpose of Advertising.
  • 10.2. The Avatars United Developer Platform includes certain restrictions on data access meant to protect User privacy and gives Users the ability to control access to privacy settings for their data (a User's "Privacy Settings"). You hereby agree to comply with, and in no way circumvent, all such data access restrictions set by Avatars United (including, without limitation, based on User age) and the User's Privacy Settings and to reflect updates to any such restrictions and settings as promptly as possible. You must provide Users with explicit, clear, accurate and timely notice about how your Avatars United Application will use User Information. If a User opts-in to share User Information related to such User with your Avatars United Application, you may only use such user Information as explicitly authorized by such User and agree that you will not, and will not permit any person, directly or indirectly to, circumvent or modify such User's Privacy Settings.
  • 10.3. At the reasonable request of Enemy Unknown, you will promptly provide Enemy Unknown with information about a particular User of your Avatars United Application and will cooperate with law enforcement and other regulatory agencies in order to: (i) protect or defend the legal rights or property of Enemy Unknown, or their employees, agents and contractors; to (including enforcement of our agreements); (ii) protect the safety and security of Users of the Avatars United Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or to (iv) comply with the law or legal process.

11. Representations and Warranties

You hereby represent and warrant that:

  • 11.1. you have the right, power and authority to enter into the Avatars United Agreement and this Developer Addendum and to perform the acts required of you hereunder and it will be enforceable against you and without limiting the foregoing, you represent and warrant that you are at least 18 years old, or if under 18, you have obtained your parent’s or legal guardian’s permission to use the Avatars United Developer Platform;
  • 11.2. your Avatars United Application, your entrance into the Avatars United Agreement and this Developer Addendum and performance of your obligations hereunder or the rights you’ve granted to Enemy Unknown hereunder, do not and will not violate any other agreement or legal obligation to which you are bound;
  • 11.3. any and all activities you undertake in connection with the Avatars United Agreement and this Developer Addendum will be performed in compliance with all Applicable Law and your use of the Avatars United Developer Platform is solely for lawful purposes; and
  • 11.4. your Avatars United Application and Avatars United Application Content will at all times comply with the terms of the Avatars United Agreement and this Developer Addendum.

12. Disclaimers

You hereby acknowledge and agree that:

  • 12.1. Enemy Unknown reserves the right at any time and for any reason to modify, limit, suspend or discontinue the Avatars United Developer Platform, in whole or in part, with or without notice and Enemy Unknown will not be liable to you or any other party for any such modification, limitation, suspension or discontinuance.
  • 12.2. Your Avatars United Applications and Avatars United Application Content may be placed by Avatars United or its Users anywhere on any Avatars United Service or Enemy Unknown Properties. Enemy Unknown does not guarantee that your Avatars United Application will be placed in, or available through, any part of the Avatars United Website, nor do we guarantee that your Avatars United Application will appear in a particular position. Enemy Unknown reserves the right to limit or deny your access to Users or Avatars United Avatar or Group Profiles in its sole discretion.
  • 12.3. Enemy Unknown has no obligation to provide you with customer support or software upgrades, enhancements, or modifications to the Avatars United Developer Platform (collectively, "Support"). However, if Enemy Unknown elects at any time to provide you with Support, it may subsequently terminate the Support at any time without notice to you for any or no reason.
  • 12.4. You are solely responsible for, and Enemy Unknown has no responsibility or liability of any kind for, the development, operation, security, Support and maintenance of your Avatars United Applications and Avatars United Application Content. Any data or metrics that may be presented to you in connection with the Avatars United Developer Platform ("Avatars United Application Metrics") are provided to you for informational purposes only as part of the Avatars United Services and in Enemy Unknown's sole discretion. Enemy Unknown is not responsible for and makes no warranties, express or implied, as to the security, accuracy, completeness or reliability of the Avatars United Application Metrics. Your use of the Avatars United Application Metrics, including any reliance on any opinion, advice, statement, memorandum, or information contained therein, shall be at your sole risk.

13. Indemnity

You agree to indemnify, defend and hold Enemy Unknown, its subsidiaries and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Avatars United Services in violation of the Avatars United Agreement or this Developer Addendum; (ii) a breach of the Avatars United Agreement or this Developer Addendum and/or any breach of your representations and warranties set forth in the Avatars United Agreement or this Developer Addendum; and/or (iii) any Avatars United Application, Avatars United Application Content or other Content that you post on or through Avatars United Services.

14. Testing

From time to time Enemy Unknown may conduct private and/or public beta tests (each a "Beta") of new features or versions of the Avatars United Developer Platform. If you choose to register for a Beta, your participation may be subject to additional terms. You agree that all feedback you record or provide to Enemy Unknown in connection with your participation shall be the property of Enemy Unknown.

15. Publicity

You may promote your Avatars United Application, however you may not issue any press release or other publicity statement or promotional materials using any Avatars United Marks or implying endorsement by or affiliation with Avatars United or Enemy Unknown without first obtaining the prior written consent of Enemy Unknown; provided that you may factually state that your Avatars United Application is an "Avatars United application" or an application for use on Avatars United (so long as you are in full compliance with the terms of the Avatars United Agreement and Developer Addendum). Enemy Unknown reserves the right to issue publicity and promotional materials mentioning and/or describing the Avatars United Developer Platform, Avatars United Applications and/or Developers.

16. Other

  • 16.1. You agree and acknowledge that Enemy Unknown has the right to verify your compliance with the Avatars United Agreement and this Developer Addendum (and you will not interfere with Enemy Unknown's ability to do so), including without limitation, by submitting user information that does not relate to any actual person through your Avatars United Application or crawling or otherwise monitoring your Avatars United Application. In addition, at Enemy Unknown's reasonable request you will provide Enemy Unknown with information and/or other materials, and if any of your Avatars United Applications are downloadable, including, without limitation, on a mobile or other wireless device, you will provide Enemy Unknown with a copy of such downloadable Avatars United Application(s) and any supporting documentation.
  • 16.3. If you breach this Developer Addendum by using the User Information other than as authorized under this Developer Addendum, you acknowledge that you will have caused substantial harm to Enemy Unknown, but that the amount of such harm would be extremely difficult to ascertain with certainty. As a reasonable estimation of such harm, in addition to any other legal remedies which may be available to Enemy Unknown, you agree, (i) to pay Enemy Unknown $50 USD for each Avatars United Avatar Profile referenced in the User Information impacted by such breach and (ii) if your access to the Avatars United Developer Platform is suspended or terminated in connection with such breach and you, your employees or affiliates gain access to the Avatars United Developer Platform through another Avatars United Avatar Profile, you agree to pay Enemy Unknown $50 USD for each data request made by any Avatars United Application established under such Avatars United Avatar Profile. In addition, you acknowledge that Enemy Unknown may refer such any such matter to law enforcement and regulatory agencies, in its sole discretion. For the avoidance of doubt, this provision 16.3 will survive any expiration or termination of the Avatars United Agreement and/or this Developer Addendum.
  • 16.4. Upon becoming a Developer, you agree to promptly provide Enemy Unknown with a primary point of contact, available 24/7/365 for the Avatars United security and abuse teams to contact for urgent response and assistance in promptly resolving any issues or complaints regarding your Avatars United Application. Upon becoming aware of any illicit conduct or violation of the Avatars United Agreement in connection with or which could impact the Avatars United Services (including, without limitation, the Avatars United Developer Platform), including without limitation, spam, phishing, social engineering, identity theft and/or any conduct violating intellectual property rights, you agree to (i) notify Enemy Unknown immediately at and (ii) preserve all evidence of such conduct or violation, including, without limitation, IP address logs, User information, samples of offending messages and any other relevant information. You agree that Enemy Unknown may provide your contact information to third parties, including, without limitation, law enforcement upon request.
  • 16.5. Except where otherwise specified, the rights and remedies granted to a party under this Addendum are cumulative and in addition to, and not in lieu of, any other rights or remedies which the party may possess at law or in equity.
  • 16.6. This Developer Addendum is accepted and your acceptance of the Avatars United Agreement is affirmed upon your use of the Avatars United Developer Platform. This Developer Addendum and the Avatars United Agreement constitute the entire agreement between you and Enemy Unknown regarding the use of the Avatars United Developer Platform. The failure of Enemy Unknown to exercise or enforce any right or provision of this Developer Addendum or the Avatars United Agreement shall not operate as a waiver of such right or provision. The section titles in this Developer Addendum are for convenience only and have no legal or contractual effect. This Developer Addendum operates to the fullest extent permissible by law. If any provision or part thereof of this Developer Addendum or the Avatars United Agreement is unlawful, void or unenforceable, that provision or part thereof will be deemed modified or severed to the extent necessary to make such provision enforceable in accordance with its intended purpose and will not affect the validity and enforceability of any other provisions or parts thereof. This Developer Addendum shall not be deemed to create any joint venture, partnership or agency between the parties hereto. It is understood that each party to this Developer Addendum shall be independent of the other and that neither party shall have the right or authority to bind the other party.

Please contact us at: with any questions regarding this Developer Addendum or the Avatars United Agreement.

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