|
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PRESS START LLC OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Press Start LLC. This Agreement describes the terms and
conditions applicable to your use of our services available under the domain and sub-domains of www.PRESSTARTGAMES.com (the "Site")
and the general principles for the websites of our subsidiaries. If you do not agree to be bound by the terms and
conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy,
which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a
member of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information
contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that
apply to you as a user.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms
shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance
with your Notification Preferences. This Agreement is effective upon acceptance in registration for new registering users.
Membership Eligibility: Our services are available only to, and may only be used by individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the
age of 13) or to temporarily or indefinitely suspended members. If you are a under the age of 18, you can use
our services only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not
use our Site. Further, your account and User ID may not be transferred or sold to another
party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services.
Joining the Site is free. We may change our fees for our services from time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. We may in our sole
discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are
effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for
paying all fees associated with using our service and the Site and all applicable taxes.
Release. In the event that you have a dispute with one or more users, you release Press Start LLC
(and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes.
Information Control. We do not control the information provided by other users or companies that is made available through our system.
You may find other entities information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, when using the Site.
Fraud. Without limiting any other remedies, Press Start LLC may suspend or terminate your account if we suspect that you
(by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with
the Site.
"Your Information"Definition. "Your Information" is defined as any information you provide to us or other users in the
registration or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for
your online distribution and publication of Your Information.
"Your Information" Restricted Access. Your Information (or any items listed) and your activities on the Site shall not:
(a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any
third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate
any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (f) be obscene or contain child pornography,
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create
liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or
indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a
right to link to or include.
"Your Information" License. Solely to enable Press Start LLC to use the information you supply us with, so that we are
not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
Press Start LLC will only use Your Information in accordance with our Privacy Policy.
Access and Interference. Much of the information on the Site is updated on a real time basis and is proprietary or is
licensed to Press Start LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other
automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will
not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our
infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for
Your Information) from the Site without the prior expressed written permission of Press Start LLC and the appropriate third party,
as applicable; or (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the
Site.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely
suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it
incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that
your actions may cause financial loss or legal liability for you, our users, or us.
Privacy. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit
consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very
important community principle. We understand clearly that you and your information is one of our most important assets. We store and
process your information on computers located in the United States that are protected by physical as well as technological security
devices. Our current Privacy Policy is available on our Site. If you object to your Information being transferred or used in this
way please do not use our services.
No Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF THE MEMBERSHIP FEE ($0.00). Some States do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the
rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations
regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency. You and Press Start LLC are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes. In the event a dispute arises between you and Press Start LLC, our goal is to provide you with a
neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Press Start LLC agree that any claim or
controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be mutually agreed upon in writing
by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution
and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as
mediation, as an alternative to litigation.
General. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be
interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth
the entire understanding and agreement between us with respect to the subject matter hereof. Fees and Services with respect to fees
owed for our services, Release, License, Access and Interference, Liability Limit, Indemnity and Resolution of Disputes shall
survive any termination or expiration of this Agreement.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially
available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about
these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such
protections.
|