Terms of Use
Please read these terms of service and conditions of use carefully before using the PlayGamesPlayGames.com Web site (collectively the "PlayGamesPlayGames.com Games Web site"). We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the PlayGamesPlayGames.com Games Web site following the posting of changes to these terms (including the PlayGamesPlayGames.com Games Web site Security and Privacy Policy) will mean you accept those changes. THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND PlayGamesPlayGames.com GAMES, A DIVISION OF RANDOM HOUSE, INC. ("WE", "US", OR "PlayGamesPlayGames.com GAMES") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PlayGamesPlayGames.com GAMES SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, AND ALL OF PlayGamesPlayGames.com GAMES' RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND PlayGamesPlayGames.com GAMES. BY ACCESSING THE PlayGamesPlayGames.com GAMES WEB SITE AND USING ANY OF THE PlayGamesPlayGames.com GAMES SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEB SITE. Copyright and Ownership
All of the content featured, displayed or offered for sale on this Web site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software, is owned by PlayGamesPlayGames.com Games, its licensors, vendors and/or its content providers. All elements of the PlayGamesPlayGames.com Games Web site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. You shall not take any steps or actions that will or attempt to circumvent the Content's digital rights management software or other copyright protection technology. Except as may be otherwise indicated in specific documents within the PlayGamesPlayGames.com Games Web site, you are authorized to view, play, print and download documents, audio and video found on our Web site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the PlayGamesPlayGames.com Games Web site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web site. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the PlayGamesPlayGames.com Games Web site.
Site Access License
PlayGamesPlayGames.com Games grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the PlayGamesPlayGames.com Games Site and not to download (other than page caching) or modify all or any portion of the PlayGamesPlayGames.com Games Site. This license does not include any resale or commercial use of the PlayGamesPlayGames.com Games Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the PlayGamesPlayGames.com Games Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The PlayGamesPlayGames.com Games Site and/or any portion of the PlayGamesPlayGames.com Games Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without PlayGamesPlayGames.com Game's express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of PlayGamesPlayGames.com Games, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the PlayGamesPlayGames.com Games Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any PlayGamesPlayGames.com Games logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.
Links to Third Parties & No Endorsement
This Web site contains hyperlinks to other Web sites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by PlayGamesPlayGames.com Games of, or any affiliation with, or endorsement by, the owner of the linked site. PlayGamesPlayGames.com Games is not responsible for the contents or use of any linked site, or any consequence of making the link. You shall not use PlayGamesPlayGames.com Games' name or any language, pictures or symbols which could, in PlayGamesPlayGames.com Games' judgment, imply PlayGamesPlayGames.com Games' endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Termination
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all PlayGamesPlayGames.com Games Web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. PlayGamesPlayGames.com Games may suspend or terminate any User's access to all or any part of the PlayGamesPlayGames.com Games Web site including any account thereon, without notice, for any reason in PlayGamesPlayGames.com Games' sole discretion, including without limitation PlayGamesPlayGames.com Games' belief that such access would violate any applicable law or would be harmful to the interests of PlayGamesPlayGames.com Games or another User. Upon termination, you must destroy all materials obtained from this site and any and all other PlayGamesPlayGames.com Games site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
Disclaimer & Limitation of Liability
Your use of and browsing of this Web site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIE PlayGamesPlayGames.com GAMES WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PlayGamesPlayGames.com GAMES MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE PlayGamesPlayGames.com GAMES WEB SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE PlayGamesPlayGames.com GAMES WEB SITE FOR ANY PURPOSE. PlayGamesPlayGames.com GAMES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PlayGamesPlayGames.com GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PlayGamesPlayGames.com GAMES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL PlayGamesPlayGames.com GAMES OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PlayGamesPlayGames.com GAMES WEB SITE OR EGUIDE STORE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE PlayGamesPlayGames.com GAMES WEB SITE OR EGUIDE STORE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, 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 PlayGamesPlayGames.com GAMES' RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PlayGamesPlayGames.com GAMES WEB SITE AND EGUIDE STORE. IN NO EVENT SHALL PlayGamesPlayGames.com GAMES OR ANY AFFILIATED PlayGamesPlayGames.com GAMES ENTITY OR INDIVIDUAL OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE PlayGamesPlayGames.com GAMES WEB SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PlayGamesPlayGames.com GAMES OR AN PlayGamesPlayGames.com GAMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PlayGamesPlayGames.com GAMES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT, INCLUDING EGUIDES, PURCHASED BY YOU ON THE PlayGamesPlayGames.com GAMES WEB SITE, INCLUDING THE EGUIDE STORE, OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnification
You agree to defend, indemnify and hold PlayGamesPlayGames.com Games and its vendors, agents and affiliated companies or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. Members of any membership area on any PlayGamesPlayGames.com Games Web site are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unauthorized use of their account or any other breach of security known to them.
Force Majeure
Neither PlayGamesPlayGames.com Games nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
This Web site is created and controlled by PlayGamesPlayGames.com Games in the U.S.A. These disclaimers, terms, and conditions of use are governed by the laws of the State of California. By using this Web site, you hereby consent to the exclusive jurisdiction and venue of courts in Sacramento County, California, U.S.A. in all disputes arising out of or relating to the use of this Web site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. PlayGamesPlayGames.com Games' failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.
Additional Terms
Additional terms and conditions may apply to the purchase of product and other uses of this Web site. By using this Web site, you agree to such terms and conditions. Entire Agreement These terms and conditions are the entire agreement between the user and PlayGamesPlayGames.com Games and supersedes any prior understandings or agreements (written or oral).
Copyright Complaints
PlayGamesPlayGames.com Games and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the PlayGamesPlayGames.com Games Site; 4. Your address, telephone number, and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact us at freethinkinggames@gmail.com
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PlayGamesPlayGames.com GAMES THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS
|
