iGamesTERMS OF SERVICE
WELCOME TO iGames!
THE FOLLOWING DESCRIBES THE TERMS ON WHICH IGAMES OFFERS YOU ACCESS TO OUR SERVICES.
iGames, Inc. (“iGames”) provides its LAN center, game player and corporate sponsor members access to a variety of services, forums (iGames Communities), events and other activities and products (collectively, the “Service”) intended to improve the quality and quantity of LAN center gaming.
In order for you to access and use the Service available to you either through the domains and sub-domains of www.igames.org, www.igameslive.com, and www.lancenters.com (collectively the “Site”) or otherwise, you must complete the registration process and agree to the following Terms of Service (these “Terms”). Please read these Terms and the related documents incorporated into these Terms.
These Terms may be changed or updated by iGames at any time, but you can always find the most recent version at http://www.igameslive.com/general/termsofservice.aspx. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we may notify you of any amended terms by sending an email to the current email address we have for you. However, we suggest that you periodically check that page to make sure that your understanding of these Terms is up to date. These Terms may not be otherwise amended except in a writing signed by you and iGames.
Acceptance of these Terms creates a binding legal agreement between you and iGames that you will use the Service and the Site only in a manner that is consistent with these Terms. If you have questions about these Terms, please contact us at info@igames.org. Your use of the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not proceed to registration and do not use any part of the Service.
BY CLICKING THE “I AGREE” BUTTON YOU AGREE TO BE BOUND BY THESE TERMS.
1. TERMS OF MEMBERSHIP
iGames offers membership (“Membership”) for LAN centers, game players and corporate sponsors. These Terms apply to each type of Membership. However, the Service which is available to LAN centers, game players and corporate sponsors varies so that each is provided the information and services which iGames believes is most relevant to their needs. Also, the services iGames provides to LAN centers, game players and corporate sponsors may vary based on the Membership level.
In order to obtain Membership you must submit certain requested information to iGames, including (but not limited to) your name and correct email address. In addition, by becoming a member of iGames, you agree that any information you provide to iGames about yourself, will be true, accurate, current and complete when provided. If an individual is obtaining Membership for a business entity, such individual represents that he/she has the authority to bind such entity to these Terms and that the term “you” when used in these Terms refers to that entity.
Membership does not entitle you to any ownership or other interest in iGames. This clarification means, among others, that you have no right to vote on or dictate the policies or procedures of iGames. However, iGames may from time to time request input from its members by means of questionnaires, discussions in online forums, and volunteer committees. If you have previously been a member of iGames on terms different from these Terms, you acknowledge and agree that you do not have any pre-existing ownership or other interest in iGames.
We will assume (and by using the Site you warrant) that either you have the legal capacity to be bound by these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of the Site and accept these Terms on your behalf.
2. FEES
iGames is a for profit entity. Obtaining and maintaining your Membership and establishing or participating in events may require the payment to iGames of fees specified when you register or change your Membership or when you initiate or register for an event. You agree to pay such fees in accordance with the terms disclosed to you in connection with such Membership or event.
The payment instructions applicable to you are incorporated herein by reference.
Any monthly Membership is automatically renewed each month until you cancel your Membership. Membership may be cancelled only by providing notice to iGames at least thirty (30) days in advance. Notice of any Membership cancellation must be sent to iGames using email (sent to accounting@igames.org) or certified mail (sent to iGames, Attn: Accounting, 201 San Antonio Circle, Suite 260, Mountain View, CA 94040). If you terminate your Membership and rejoin at a later date, you will again be required to pay any applicable set up fee and any unpaid balances.
It is your responsibility to pay all amounts as and when due. If you fail to make payment as and when due, iGames may suspend or terminate your Membership and/or your ability to participate in any event or receive the benefit of the Service. Any such suspension or termination will not, however, relieve you of your obligation to pay the missed payment. If your Membership is terminated by iGames, you also will be required to pay any applicable set up fee in order to reinstate your Membership.
For information on iGames’ refund policies, please visit http://www.igameslive.com/general/RefundPolicy.aspx.
Aside from the fees payable to iGames, use of the Service requires access to the Internet. You are responsible for obtaining that access and for payment of any related fees.
3. MEMBER CONDUCT AND PASSWORDS
You agree to abide by iGames’ Rules of Conduct, including but not limited to, agreeing not to use the Service or the Site for any unlawful purpose. A copy of the iGames Rules of Conduct, which you should review, can be found at http://www.igameslive.com/general/conduct.aspx. The iGames Rules of Conduct are incorporated into these Terms by reference and constitute part of the agreement between you and iGames.
Each member must have their own password and account. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify iGames of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
4. FORUMS
iGames assumes no liability for content posted on iGames forums (iGames Communities) or for the actions or behavior of any contributor or participant. All opinions and views expressed in the forums, including those of the iGames staff, are solely those of their respective authors and do not reflect the opinions of iGames. iGames may delete, cancel, purge or modify any post, in part or in whole, without prior notice or further explanation. iGames may also ban you from the forums without prior notice, for any reason, at iGames’ discretion.
5. OTHER ACTIVITIES
iGames enables its member LAN centers to offer to member game players, through the Site and the Service, events, including (but not limited to) leagues, tournaments and showcases, and other promotional activities. If you elect to participate in any of these events or activities your participation may be subject to such additional policies, rules or terms and conditions of which you are notified when signing up for such event or activity. You are deemed to have agreed to all such rules and policies. In addition, you also recognize that the designated LAN centers or other entity offering the event may have additional rules, policies and procedures to which you will be required to agree. iGames is not responsible for these events.
If you volunteer to participate in one or more member committees, then your participation in such committees will be subject to such additional volunteer participation rules and policies as are specified by iGames.
Each of the above referenced policies, rules, and terms and conditions may be changed from time to time and are effective immediately after iGames posts the changes on the Site or otherwise notifies you of such change.
6. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Site or through the Service, including iG Magazine, iGTV and the iGames Newsletter, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, such materials or content. You understand that iGames is unable to provide you with permission to copy, display or distribute material which you do not own. You may not copy or distribute such material without the written consent of the owner. You are solely responsible for any violations of law that you may incur as a result of your activities on the Service or the Site. Systematic retrieval of data or other content from the Service or the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from iGames is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
If you believe that your work or the work of another has been placed onto the Site in a way that constitutes copyright infringement, iGames has a process in place to respond to your concerns. Please go to http://www.lancenters.com/membershipservices/dmca.htm for an explanation of that process. Please do not contact iGames in that manner with respect to any infringement appearing in locations other than the Site.7. MEMBER’S LICENSE GRANT
By posting or submitting suggestions or content, such as forum postings or pictures and data for surveys, to the Service or the Site, you (a) grant iGames and its affiliates and licensees a perpetual, irrevocable right and license, with right of sublicense, to use, reproduce, display, perform, adapt, modify, sublicense, distribute, have distributed, and promote your suggestions and content in any form, anywhere and for any purpose; and (b) warrant and represent that you have the right to grant these rights and licenses and that the public posting and use of your suggestions and content by iGames will not infringe or violate the rights of any third party.
8. INTERNATIONAL USE
You are prohibited from accessing the Service and the Site and materials available over the Service or the Site from territories where such service and materials are illegal. You also agree to comply with all local rules regarding online conduct and content in connection with your use of the Service and the Site.
9. SOFTWARE
Any software made available to you in connection with the Service or through the Site is owned by, and is the copyrighted work of, iGames and/or its suppliers and is protected by copyright laws and international treaty provisions. Such software is provided subject to the software license accompanying such item.
10. OTHER LIMITATIONS
iGames may establish general practices and limits concerning the use and operation of the Service. You agree that iGames has no responsibility or liability for the deletion or failure to store any information maintained on, or transmitted by, the Service. You understand that iGames reserves the right to close accounts and Memberships that are inactive for an extended period of time. You further acknowledge that iGames reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. LINKS TO THIRD PARTY SITES AND ADVERTISERS
The Site and Service may contain links to third party Web sites, including sites or members (collectively “Linked Sites”). The Linked Sites are not under the control of iGames. iGames is not responsible for the content of any Linked Site, including, but not limited to, the services provided through a Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. iGames is not responsible for any transmission received from any Linked Site nor is iGames responsible if the Linked Site is not working properly. iGames provides these links to you as a convenience. The inclusion of a Linked Site does not imply endorsement by iGames of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites which you visit.
Any dealings with third parties (including corporate sponsor members and other advertisers) included within the Site or Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the member and the advertiser, other third party, or other member. iGames is not responsible or liable to any member, advertiser, or third party, for any part of any such dealings or promotions.
12. PRIVACY PRACTICES
We respect your privacy and have taken specific steps to protect it. To see our Privacy Policy please go to http://www.igameslive.com/general/privacypolicy.aspx. The terms of our Privacy Policy are incorporated into these Terms by reference and constitute part of the agreement between you and iGames.
Part of the Service includes facilitating communications and events between member LAN centers and the individual member game players. As indicated in our Privacy Policy, in certain circumstances iGames will provide to a particular member LAN center contact information for member game players (a) which have designated such member LAN center as his/her preferred LAN center, (b) which are participating in an event sponsored by a LAN center, or (c) in other circumstances disclosed by iGames. If you are a member LAN center you agree that you will only use the information received from iGames or directly from member game players in a manner consistent with iGames’ Privacy Policy. If you are a member game player, you agree that iGames is not responsible if a member LAN center fails to use your personal information in a manner consistent with the iGames Privacy Policy.
13. INDEMNITY
You agree to indemnify, defend and hold harmless iGames (including its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service), from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your Membership or account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Membership or account.
14. NO WARRANTY
(a) No Warranty. The Service and any product or service available through the Service or the Site are provided on an “As Is” and “As Available” basis. Your use of such product or service is at your own risk. iGames does not guarantee continuous, uninterrupted or secure access to the Site or Service. The operation of the Site and the Service may be interfered with by numerous factors outside of our control. You also understand that iGames is not responsible for the security or privacy of communications sent via the Service. (b) Disclaimer. To the extent permitted under applicable law, iGames expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and accuracy of information. iGames makes no warranty that (i) the Service or Site will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the Service or Site is or will be free of viruses or other harmful components, or (iii) the Service, Site or content provided will meet your requirements. iGames makes no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Service or Site or that are advertised on the Service or Site. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. 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.
(a) No Warranty. The Service and any product or service available through the Service or the Site are provided on an “As Is” and “As Available” basis. Your use of such product or service is at your own risk. iGames does not guarantee continuous, uninterrupted or secure access to the Site or Service. The operation of the Site and the Service may be interfered with by numerous factors outside of our control. You also understand that iGames is not responsible for the security or privacy of communications sent via the Service.
(b) Disclaimer. To the extent permitted under applicable law, iGames expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and accuracy of information. iGames makes no warranty that (i) the Service or Site will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the Service or Site is or will be free of viruses or other harmful components, or (iii) the Service, Site or content provided will meet your requirements. iGames makes no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Service or Site or that are advertised on the Service or Site. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. 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.
15. LIMITATION OF LIABILITY
You expressly acknowledge and agree that, to the fullest extent permitted under law, iGames will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to your use of the Service or Site, even if you have been advised of the possibility of such damages. Examples of the types of matters to which the foregoing applies include (a) use of or inability to use the Service or Site; (b) the cost of procurement of substitute goods or services; (c) unauthorized access to or alteration of your profile or Membership by third parties; (d) third party content made available to you through the Service or Site; or (e) any other matter relating to the Service or Site.
In addition, iGames’ liability, and the liability of our officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of membership fees you pay to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Some jurisdictions do not allow the exclusion or limitation of damages, so the above limitations or exclusions may not apply to you.
16. TERMINATION
You agree and acknowledge that iGames, in its sole discretion, may terminate your Membership (or any part thereof) or use of the Service, and remove and discard any of your content including, but not limited to, any and all information, communications, postings, messages, files and other content within the Service, at any time, without notice, for any reason, including but not limited to (a) if iGames believes that you have violated or acted inconsistently with the letter or spirit of these Terms, including a failure to pay any fees as and when due, or (b) if iGames decides to discontinue any portion of the Service.
Upon termination of your Membership, the agreement between you and iGames as contained in these Terms and your right to use the Service, shall immediately cease. You agree that iGames shall not be liable to you or any third-party for any termination of your access to the Service.
Termination of your Membership and the agreement between you and iGames as contained in these Terms shall not affect your obligation to pay any amount due to iGames at the time of termination, nor shall it affect Section 2 (Fees) (with respect to amounts you owe to iGames), Section 6 (Proprietary Rights), Section 7 (Member’s License Grant), Section 12 (Privacy Practices), Section 13 (Indemnity), Section 14 (No Warranty), Section 15 (Limitation of Liability), Section 16 (Termination), Section 17 (Choice of Law and Forum), and Section 19 (Entire Agreement; Other Terms).
17. CHOICE OF LAW AND FORUM
The laws of the State of California, USA, excluding its conflicts-of-law rules, govern these Terms. The state and federal courts with districts which include Santa Clara County, California, USA, shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. However, in an action to enforce a judgment, such forum and venue shall be nonexclusive. You consent to personal jurisdiction and venue by such state and federal courts.
18. MODIFICATION OF THESE TERMS AND THE SERVICE
You agree that iGames reserves the right (for any reason and without notice) to amend these Terms and to modify or discontinue, temporarily or permanently, all or any part of the Service and the Site. Unless explicitly stated otherwise, any new features on the Service are subject to these Terms.
19. ENTIRE AGREEMENT; OTHER TERMS
These Terms (including the Rules of Conduct, Privacy Policy and other incorporated terms) constitute the entire agreement between you and iGames and govern your use of the Service and the Site, superseding any prior agreements between you and iGames. If these Terms are inconsistent with information included in off-line materials, these Terms will always control.
The failure of iGames to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in effect.
You agree that these Terms and all incorporated documents may be assigned by iGames in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service, any software, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. COPYRIGHT AND TRADEMARK NOTICES
Other than member provided materials, all content of the Site or Service are: Copyright© 2009 iGames, Inc. and/or its suppliers. All rights reserved.
The iGames logo, the iGTV logo, the iGames Magazine logo, the iGames expo logo, and other iGames brands, are either trademarks or registered trademarks of iGames. The names of actual companies and products mentioned in the Site or on the Service may be the trademarks of their respective owners.
21. REPORTING VIOLATIONS
You can report violation of these Terms to info@igames.org.