TERMS OF SERVICE AGREEMENT
READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Service Agreement ("Agreement") for Games-Now.com ("Site," "we," "us," or "our").
This Site is offered and made available only to users thirteen (13) years of age or older . If you are not yet 13 years old or the required greater age for certain features please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age (or other required greater age for certain features, where applicable) and meet any other eligibility and residency requirements of the Site.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and the its owners. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms").The Site may also provide rules of participation ("Rules") for certain activities and services including, but not limited to, contests and sweepstakes, award programs, and subscription services.
The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
1. REGISTRATION AND USE OF PASSWORD
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Games-Now.com, its Parent Companies, and its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Games-Now.com. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER Games-Now.com, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners. as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or Games-Now.com may, at Games-Now.com's option, be conducted and executed electronically. Games-Now.com may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
6. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- disrupt the normal flow of Communities (as defined below) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in Communities;
- contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone;
- violate any laws, regulations , judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
7. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Games-Now.com hereby grants you the limited right to access, view and use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material , using the embedded link function, placing product orders or for accessing information, Applications (as defined herein) and services. Games-Now.com reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 12. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Games-Now.com. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Games-Now.com, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
8. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
Games-Now.com may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Site to your computer, multi-player games and software that allows you to create greetings, puzzles, photographs, musical compositions and mixes, music videos and cartoons ("Applications"). Without limiting your obligations and restrictions described in Section 7 above, your limited license to use the Applications is subject to the following conditions:
- The Applications that are made available to you are the copyrighted work of Games-Now.com and/or its Parent Companies and/or its Affiliates and/or its suppliers. The use of each Application is governed by the end user license agreement ("EULA") that accompanies or is included in the Application or is expressly stated on the Site pages accompanying the Application and this Agreement. In the event that no EULA accompanies the Application, then only this Agreement shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if any, and this Agreement. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Games-Now.com shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
- Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by Games-Now.com are reserved to Games-Now.com.
- Games-Now.com may cease support of any Application at any time in its sole discretion or terminate your use of or access to any Application, as further described in below Section 12
- Applications you use or download from the Site may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Games-Now.com shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by Games-Now.com which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.
9. VIRAL CONTENT
10. HYPERLINKS TO THIRD PARTY SITES
11. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
- Update your computer OS , Antivirus and other Software
- Install a SpyWare Removal Tool to clean your computer of Malware.
- Install antivirus software.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
12. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
We may terminate your use of and registration on the Site and/or your use of and access to Applications at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
13. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, Games-Now.com, ITS PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY Games-Now.com, ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT Games-Now.com'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON Games-Now.com; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO Games-Now.com. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT Games-Now.com, ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
You agree to indemnify, defend and hold the Site, Games-Now.com, the Parent Companies and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
17. INTERNATIONAL USAGE
Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to Games-Now.com by e-mail to: contact[at]games-now[dot]com .
This Terms of Service Agreement was last modified on July 15, 2008, and is effective immediately.