First2Game TERMS OF SERVICE

First2Game ("first2game.com" or "Service"), is composed of the First2Game website and affiliated sites, and offers games, activities and services including First2Zero, Gridz and First2Victory products and services. KMP Associates Ltd owns these sites.

Your use of First2Game is subject at all times to our Terms of Service, and our Privacy Policy. Your First2Game Online member account ("Account") and all of our games, activities and other services, regardless of when they are added to First2Game, are governed by our Terms of Service.

Our player community is always evolving, so it's important that you periodically check here (as well as any other rules and instructions present throughout the service) for updates and new information. KMP may update or revise the Terms of Service at any time. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our First2Game home page. Your continued use of the Service after a revised Terms of Service is posted will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is not to use First2Game and to cancel any Account or services you have signed up for by sending an Email to admin@first2game.com.

If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that KMP is not required to provide you notice before terminating your Account, but it may choose to do so.

The Terms of Service and any posted rules or instructions regarding a particular game, activity or contest constitutes the entire agreement between you and KMP regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms of Service and any other rules or instructions posted on First2Game, KMP shall resolve the conflict in its sole discretion. If you have questions about the Terms of Service, please contact us by sending an email to admin@first2game.com

1. FIRST2GAME ONLINE ACCOUNT REGISTRATION.

When you complete the First2Game registration process, you create a First2Game Account and become a First2Game Online Member (“Member”). Your Account allows you to participate in certain games and activities on First2Game. To create an Account, you must select a login name and password. Your login name is your First2Game identity and will be used to identify you within the site. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Account.

You are solely responsible for all activity on your Account and for the security of your computer system or other method of acccess. You may not reveal your password to other users. KMP will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. (If you forget your password, you can use the automatic forgotten password feature present on the site.) You agree to indemnify and hold KMP harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join First2Game again without our express permission. If you wish to rejoin the service, please contact admin@first2game.com

Charges, Billing And Free Trials.

You may have a First2Game Account without paying KMP to participate in a game or other activity. When you create your Account, KMP may at its own discretion add an amount of complementary credits to your Account balance. Each game played whilst logged into the Service will deduct a specified amount of credit from your Account. When your Account is empty, you may purchase additional credits by using our premium rate SMS number.

Credit charges and other billing information are published under Your Profile and are available after logging into the service.

YOUR CREDIT FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

KMP reserves the right to change our fees or billing methods at any time. All changes will be posted on First2Game and you are responsible for reviewing the billing section of Your Profile to obtain timely notice of such changes. Your continued use of the Service after posting of the changes on First2Game means that you accept such changes. If any change is unacceptable to you, you may cancel your Account at any time, but KMP will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any Credits. If your use of our services is subject to use or sales tax, then KMP may also charge you for any such taxes, in addition to the fees published in the Accounts section of Your Profile.

Payment Options.

You may pay for subscriptions only by SMS micropayment.

Fees Charged By Third-Party Sites And Vendors.

We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any fees that you may pay to KMP. KMP may also provide access to third-party vendors, who provide content, goods and or services on First2Game or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

Termination of Account.

KMP and you both have the right to terminate or cancel your Account. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with KMP. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Service or KMP’s enforcement or application of this Agreement; (2) the Content available through First2Game or any change in Content provided through First2Game; (3) your ability to access and/or use First2Game; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your Account by delivering notice to KMP’s Customer Service Department at admin@first2game.com. KMP reserves the right to collect fees, surcharges or costs incurred before you cancel your Account. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account is terminated or cancelled, no refund will be granted; no online Credits will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within First2Game associated with it. Active First2Game Account holders may not allow former Account holders whose Account has been terminated by KMP to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with KMP must be settled before KMP may allow you to register again.

2. ONLINE CONTENT.

By "Content," we mean the software, communications, images, sounds, and all the material and information you see on our Service. KMP, our Members, our affiliates, and our independent content providers provide most of the Content on First2Game. KMP does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on FirstGame.

Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for First2Game. Some game play and private chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don't post it on our message boards or chat.

KMP representatives may monitor your communications on First2Game. But we cannot monitor all of the Content on First2Game and we do not attempt to do so. If you encounter something you don't want to see, you can report it to us on admin@first2game.com . KMP does not assume any responsibility or liability for Content that is generated by Members or other guests on First2Game. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. KMP does not assume any liability for any failure to remove, or any delay in removing, Content.

If we removed Content that you created, we may send you a warning. If it's a serious offence or you've violated our rules before, we may ban you from participating on First2Game and terminate your Account.

3. ONLINE CONDUCT.

Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behaviour on First2Game. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of First2Game and cooperate with law enforcement for any illegal behaviour.

You agree that you will be personally responsible for your use of First2Game and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless KMP., its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on First2Game, including any Content that you contribute.

You will violate the Terms of Service if you (or others using your Account) do any of the following:

Post, transmit, promote, or distribute Content that is illegal.

Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: don't say bad things about them, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person.

Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.

Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].

Impersonate another person (including celebrities), indicate that you are KMP employee or a representative of First2Game, or attempt to mislead users by indicating that you represent KMP or any of KMP 's partners or affiliates.

Attempt to get a password, other account information, or other private information from a Member or any other user on First2Game. Remember: KMP employees will NEVER ask for your password. Don't give your password, to anyone.

Upload any software or Content that you do not own or have permission to freely distribute.

Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

Upload files that contain a virus or corrupted data.

Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Service.

Improperly use in game support or complaint mechanisms or make false reports to KMP staff members.

Use or distribute "auto" software programs, "macroV software programs or other "cheat utility" software program or applications.

You may not modify any part of the Service or any Service Web Site that KMP does not specifically authorize you to modify.

You must obey all applicable laws, regulations and rules wherever you are on the Service. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behaviour on the Service. We will cooperate with law enforcement in such matters.

You may not post or communicate any player’s real-world personal information within the Service or through any Service Web Site or any Service bulletin board.

You will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.

You will not exploit any bug in the Service or in any KMP product to gain unfair advantage in the game and you will not communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service.

You will not attempt to play any First2Game game on or through any service that is not controlled or authorized by KMP.

You will not do anything that interferes with the ability of other Service users to enjoy playing a game and using the Service, in accordance with its rules, or that materially increases the expense or difficulty of KMP in maintaining the Service for the enjoyment of all its users.

If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the admin@first2game.com email address.

KMP does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your game.

YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES.

IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, KMP MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME LEAGUE.

THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT KMP MAY HAVE MADE.

Public Nature of Communications.

You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. KMP is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.

Commercial Activity and Unsolicited E-mail.

You may not advertise any goods or services on First2Game. Chain letters and pyramid schemes are not allowed. You may not use any area of First2Game to collect information, including login names, about First2Game Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit First2Game, or any games or services offered by First2Game for any commercial purpose. Any violation of these provisions can subject your Account(s) to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.

Use of Machines, Computers, Scripts.

The use of machines, computers, scripts or any automated system on First2Game is strictly prohibited and may result in criminal liability. You may only play First2Game games with one type, version or copy of browsing software application at any one time. KMP may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by KMP are final.

Proprietary Rights; Copyrights and Trademarks.

Much of the Content available on First2Game Online is owned by KMP or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from First2Game unless we have expressly authorised you to do so.

You must have the legal right to upload any Content to First2Game before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on First2Game, unless KMP expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on First2Game can lead to the termination of your Account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless KMP and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

NEITHER KMP NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE FIRST2GAME SERVICE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

User’s Computer Information.

When you connect to First2Game, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of First2Game. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.

4. LIMITATIONS ON WARRANTY AND LIABILITY.

YOU EXPRESSLY AGREE THAT THE USE OF FIRST2GAME AND THE INTERNET IS AT YOUR SOLE RISK. FIRST2GAME, ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KMP PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KMP WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KMP OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT)

5. INDEMNIFICATION.

Upon request by KMP, you agree to defend, indemnify and hold harmless KMP and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including legal fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on First2Game. KMP reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to KMP in that matter. This Section shall survive termination of this Agreement.

6. OTHER LEGAL TERMS.

You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the KMP Terms of Service and the First2Game Privacy Policy, including KMP’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The laws of England govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with KMP or relating in any way to your Membership or your use of First2Game resides in the courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving KMP or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.