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 | Terms of Service Effective Oct 6th, 2009 |  |
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ACCLAIM Staff
Site Admin
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1.ACCEPTANCE OF TERMS
Acclaim welcomes you. Please read this agreement carefully before using our service. Acclaim Games Inc. ("The Company") agrees to provide service to you as a subscriber or user subject to the following TOS (Terms of Service). Use of any Acclaim Games Inc. Service constitutes acceptance and agreement to Acclaim Games Inc. Terms of Service (TOS). All provisions of this contract are subject to the Terms of Service (TOS) of Acclaim Games Inc. The TOS may be changed from time to time at the discretion of Acclaim. You understand that changes to the TOS by Acclaim shall not be grounds for early contract termination or non-payment of several pay services provided by Acclaim Games Inc. You must adhere to all TOS terms. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions in the matter described on these Terms and conditions. Therefore, it is in your best interest to read all the TOS conditions before you accept it and start using Acclaim Games Inc. service. We disclaim any responsibility for any adverse consequences that result from following the guidelines stated in TOS without first seeking legal advice, from undetected errors, or from misinterpretation by you. You also understand and agree that the Acclaim service may include advertisements and that these advertisements are necessary for Acclaim to provide the Service. Unless explicitly stated otherwise, any new contents, features, payment types which augment or enhance the current Service, including the release of new games properties, shall be subject to the TOS. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the service Acclaim provides. The section titles in the TOS are for convenience only and have no legal or contractual effects. This Agreement shall be construed in all respects in accordance with the laws of the state of California applicable to contracts enforceable in that state. 2. GENERAL COVENANTS OF TOS AND ACCLAIM PROPRIETARY RIGHTS By using the Acclaim Games Inc. ("Acclaim") service and any of our games will mean that you agree to these terms. If you do not agree to them, please do not use our service. To use our service, you must register and create a valid account. Keep your password secret and do not reveal it to anyone. We will never ask for your password. You can hold several accounts but you must only use one account at a time and you cannot use it to transfer items between accounts. Acclaim reserves the right in its sole discretion to edit or delete any information or content appearing on the site and to remove or add any games and service for sale. Upon notice published over the service, Acclaim may modify this agreement, or prices, and may discontinue or revise any or all aspects of the site, games or services in its sole discretion and without prior notice. Modification of this TOS will be deemed effective upon publication on the site with respect to transactions occurring after said date. We may also change the nature of our services, change prices, remove and add games at anytime without notice. Our games and matters related to the site are protected by copyrights, trademarks, other proprietary rights and are owned by Acclaim or its publishing partners. You agree not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on games software and web sites or that appear during the use of games software. You can�t use the trademarks, logos, Acclaim games, or others Acclaim patents in a commercial act, publicity materials, web sites, or others if you are not empowered by Acclaim Games Inc. Without Acclaim prior permission, you agree not to display or use in any manner the Acclaim marks. Also, in no circumstance you can�t speak in Acclaim Games Inc. name or pose as an official Acclaim employee to gain an unfair advantage, material advantage, profits, virtual items, assets from others users or third part. You acknowledge and agree that the service and any necessary software used in connection with the service in interpretation as "software" contains proprietary information that is protected by applicable intellectual property and other laws. Further, you acknowledge and agree that content contained in advertisements or information presented to you through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized Acclaim, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part. Using whole or parts of content and software in any other way than within the Terms of Service is prohibited and may subject you to litigation and criminal pursuits. When you download our games, we are granting you a non-exclusive, limited license to use the software only in connection with our service, on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by Acclaim for use in accessing the service. You understand that the service and the games software embodied within the service may include security components that permit digital materials/files to be protected, and that use of these materials is subject to usage rules set by Acclaim. You may not attempt to open, override or circumvent any of files embedded into the game software. Any unauthorized reproduction, publication, further distribution or public exhibition of the files provided with the software, inwhole or in part, is strictly prohibited. Right to refuse: Acclaim reserves the right in its sole discretion to refuse service at any time to anyone at any time, for any reason. Sale of any virtual items and assets or service is subject to availability. 3. YOUR CONDUCT You agree to not use an account name, post on our website, in the chat facility, or on our game materials that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. You also agree not to use our message board for posting numerous identical messages or by creating "party boards" on them. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain. You must not use the chat facility to harass, threaten, scam or deceive other players. You agree not to solicit other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise). You grant us a perpetual, worldwide, non-exclusive right to use the material in any manner we wish. You understand that all information from others users whether are public posted or privately transmitted, are the sole responsibility of the person from whom they originated came. You understand that by using the service, you may be exposed to �content� that is offensive, indecent or objectionable. Under no circumstances will Acclaim be liable in any way for any such content. You agree to not use the service to:
Non-Transferable, No Right of Survivorship and inactivity: your right to use Acclaim service is not transferable and is subject to any limits established by Acclaim. Any rights to your Acclaim or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You acknowledge that Acclaim reserves the right to delete accounts that are inactive for an extended period of time. Responsibility for Content: you, as an Acclaim subscriber/user, are solely responsible for the content you post or use on our forums, webs pages, IRC Acclaim games channels and chats facility provided by our games. Your agreement to this TOS constitutes your consent to allow Acclaim to store all your personal account information in our base of dates. You acknowledge, consent and agree that Acclaim may access, preserve and disclose your account information, content and actions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
4. DISCLAIMER OF WARRANTIES You expressly understand and agree that: Your use of the service is at your sole risk. The materials in this service are provided on an "as is" and "as available" basis and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Acclaim disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Acclaim does not warrant that the service will meet your requirements, the results that may be obtained from the use of the service will be accurate or reliable; the quality of any item sold, service, information or other material purchased or obtained by you through the service will meet your expectations, the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, any errors in the software will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Acclaim does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Acclaim) 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. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Acclaim, or through or from the service, shall create any warranty not expressly stated in the TOS. Acclaim takes no responsibility for any material input by others and not posted by Acclaim. Acclaim is not responsible for the content of any other affiliates websites linked to our websites or uses by ads system. Acclaim disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. WarningPhotosensitivity/Epilepsy/Seizures A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. 5. LIMITATION OF LIABILITY You expressly understand and agree that: Under no circumstances, including, but not limited to, negligence, shall Acclaim, employees, agents, partners and licensors be liable for any special or Consequential damages that result from the use of, or the inability to use, the materials in this service or any other web site, unauthorized access to or Alteration of your transmissions or data, the cost of procurement of substitute service resulting from any data, information or services Purchased, obtained, received or transactions entered into through or from the service, statements or conduct of any third party on the Service; or any other matter relating to the service, even if Acclaim 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 Acclaim's 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, if any, for accessing the service. You acknowledge that the services provided is of such a nature that service (including technical issues of servers) can be interrupted for many reasons other than the negligence of Acclaim and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that Acclaim shall not be liable for any damages arising from such causes beyond the direct and Exclusive control of Acclaim. In no event shall Acclaim be liable for any special or consequential loss. 6. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 4 and 5 may not apply to you. 7. NO THIRD-PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. 8. PRICE AND PAYMENT Acclaim offers several different payment types on its Service. For some Games, items can be purchased subject to the terms for each item or monthly subscriptions can be purchased. Acclaim offers several ways to pay for the Service:
Promotion in games: you acknowledge that any promotions bonus will be available only in the period announced public on official Acclaim Games Inc. web pages and only for the initial products particularized in the promotion purchase time. Any upgrade or downgrade performed afterward will be at the current, non-promotional rate. For monthly subscriptions, the renewal charge shall be equal to or less than the original subscription price, unless otherwise notified in advance by Acclaim. You may notify Acclaim that you wish to cancel your subscription at any time. Acclaim agrees that it will terminate your subscription upon receipt of notification from the Account, as described below. If notice of cancellation is received within the first 15 days following the first day of the initial billing, you will be eligible to receive a refund of all subscription fees for the Service, but will still be obligated to pay any other charges incurred. Your access to the game will be canceled immediately. All valid payments to Acclaim service are nonrefundable. Any disputes regarding this issue must be reported within 30 days of the time the dispute occurred. Your right to use the Service is subject to any limits established by Acclaim or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to Acclaim for any reason, including chargeback, Acclaim reserves the right to either suspend or terminate your access and Account, thereby terminating this Agreement and all obligations of Acclaim hereunder. Please read our Terms of Sale. 9.ADVERTISING If you download and play our games you may receive advertising messages that appear within and around the game environments. To provide this functionality, technologies developed by either IGA Worldwide, INC. or Massive, a division of Microsoft Inc., have been integrated into the game. These technologies will automatically deliver location based advertising and log and transmit certain information about your interaction with the advertising. If you do not wish to receive advertising messages, do not use our service. The advertising in our games or on our website generated by third parties does not constitute an endorsement by Acclaim, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites or advertisers. Acclaim explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Acclaim is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Acclaim nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. 10. DENIAL OF ACCESS Acclaim, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Acclaim site or Games. The sending of an e-mail notice, the posting of a notice on the forums (such as a notification of an account being banned in the forums), or the posting by Acclaim of a notice on the account used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Service, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Acclaim site. In the event that a user threatens legal action against Acclaim, its respective officers, directors, employees, affiliates, licensors, representatives, third party providers and their agents the players account will be suspended until such time as the matter is resolved. 11. COMMUNICATION You acknowledge that email is the primary form of communication used by Acclaim to contact you personally in any issue. You are required to keep your contact information updated. You can modify much of it yourself via [ACCOUNT INFORMATION UPDATE] used for your service. As e-mail is the primary form of communication, we will use to contact you. We will only contact you via alternate methods if Acclaim sees it as necessary ( Suspension or Cancellation Notifications are not deemed necessary, nor are general notifications we send out). You also acknowledge that Acclaim is not liable if you do not receive an email related to any issue and it is your responsibility to ensure that your email provider is properly setup to ensure delivery of emails from our domain name(s), including not flagging emails from our domain name(s) as spam mails. Support: Acclaim provides 24/7 support to players who have purchased Acclaim Coins. Direct email support will now be available only to those players who have previously purchased Acclaim coins. Non-coin buyers will be re-directed instead to the knowledgebase and forums to find solutions to their issues. Please note it only requires one (1) Acclaim Coin to have been purchased during your history as an Acclaim Game Player to qualify for direct email support for the User ID that is requesting support. Acclaim coins can be purchased in a number of ways: Buy Acclaim Coins (is a clearly marked, secure option available in each of Acclaim’s Games), Prepaid Cards from stores like Target, Using a mobile device, or simply taking a survey may award you Acclaim Coins. Acclaim provides support related to:
12.INDEMNIFICATION You agree to indemnify, defend and hold harmless Acclaim, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. Acclaim reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Acclaim in asserting any available defenses. Acclaim wishes to emphasize that in agreeing to Terms of Service (TOS), you indemnified Acclaim for any violation of TOS that result in loss to Acclaim or the bringing of any claim against Acclaim by any third-party due to or arising out of content you submit, post, transmit or otherwise make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another. This means that if Acclaim is sued because of yours actions/activities you will pay any damages awarded against Acclaim, plus all costs and attorney's fees. 13. MISCELLANEOUS You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain game points or Items from any Acclaim game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Acclaim. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Acclaim, you will pay to Acclaim a minimum of liquidated damages of One Hundred Thousand Dollars for each such program. You must not reverse-engineer, decompile or modify any of the game clients and use it in any way. You must not exploit any cheats or errors which you find in our Service. Any cheats or errors which you discover must be reported immediately to us. You must not misuse any of our customer service facilities. You must not deliberately enter false information into any of the forms on our website. You must not encourage, or attempt to trick other players into breaking our rules. You are prohibited from violating or attempting to violate the security of Acclaim web pages, servers, games, programs. Violations of Acclaim legal rights may result in civil or criminal liability. Acclaim will investigate any occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:
14. NOTIFICATION OF VIOLATION Acclaim is under no duty to look at each user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police game related activities. Minor violations: First Violation: Any user, which Acclaim established that he/she acts with the intention to violate elements of this TOS shall receive a warning them of the violation. The user may be subject at Acclaim's discretion to a temporary suspension (Account Banning). Second Minor Violation: Users that Acclaim determines to have committed a second Minor violation of any element of this TOS shall be subject, at Acclaim's discretion, to a temporary suspension (Account Banning) or to the immediate permanent suspension of account or termination of service without further notice. Third Minor Violation: Users that Acclaim determines to have committed a third Minor violation of any element of this TOS shall be subject to immediate suspension of account or termination of service without further notice. Major Violation: Acclaim reserves the right to suspend the user account if the users are the main source of severe violation of any of the other terms of the TOS or for any other reason which Acclaim chooses. If inappropriate activity is detected, account of the user in question will be suspended until the investigation is complete. Prior notification to the user is not assured. In extreme cases, law enforcement will be contacted regarding the activity. 15. END COVENANTS OF TOS IMPORTANT NOTICE: Anyone hosting websites or services on their server that support non official copy of games software, trademarks, other logos that are owned by Acclaim or its publishing partners will support all the legal consequences, under a material damage policy. Anyone who supports or runs a "private server" and who continues to run it after a "Take Down" request from Acclaim Games Inc or who has any Sales Marks, Copyrighted Content, or Parts of Copyrighted Content belonging to Acclaim Games Inc. will bear all of the legal consequences and will pay Acclaim material damages. As a special admonition for international use, recognizing the international nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Acclaim operates and controls the Site from its offices in Los Angeles, California, in the United States of America. Acclaim makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons 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. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exporte (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms of Service contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Acclaim if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement. The Terms of Service and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). Therefore, the TOS and the relationship between you and Acclaim shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Acclaim to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree any claim or cause of action arising out of/or related to the use of the Service or the TOS must be filed within fourteen (14) days. After such time, any claim or cause of action arising will be forever barred unless there is any statute or law to the contrary. To report any violations of the TOS, copyrights infringements, illegal use of trademarks, logos please mail us at our offices. Acclaim Games Incorporated 9595 Wilshire Blvd. Suite 900 Beverly Hills , CA 90212 We may change this agreement from time to time and we will notify you by email, posts to the message board/Forums and/or display the changes when you enter your account. |
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 | Terms of Service Effective Oct 6th, 2009 | |
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© Acclaim Games Incorporated. All rights reserved.