PlanetDreamcast | Legal Stuff

Legal Fine Print and Stuff Legal Info Topics: User Agreement Privacy Policy User Agreement I. IGN/GameSpy Registered Member User Agreement Welcome to IGN.com and GameSpy.com! We are glad you have decided to join our community. We look forward to your involvement with our sites and services. Before you begin delving into the vast services and content available on our sites, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and IGN Entertainment, Inc. It is important that you understand both the benefits we provide, as well as our limitations. This Agreement applies to the web sites owned by IGN Entertainment, Inc. (referred to hereinafter as either "IGN," or "IGN/GameSpy") including, but not limited to IGN.com, VaultNetwork.com, GameSages.com, GameStats.com, TeamXbox.com, GameSpy.com, Fileplanet.com, GamespyArcade.com and the entire GameSpy Network, including all Planet sites (collectively, the "Sites"). This agreement also applies to the various services offered, including but not limited to Game Tools, GameSpy3D, Arcade, RogerWilco, FilePlanet, Ad-Free Network, Founders' Club, Insider and another other services that may be added (collectively, the "Services"). While the Sites each offer a different combination of services and tools from one site to another, this agreement reflects our approach to memberships across our Sites and Services. 1. Acceptance of Agreement When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms) at any time at: http://corp.ign.com/user_agreement.html. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by visiting your subscriber preferences page ("Edit My Account") and canceling your account. Our Sites and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under IGN/GameSpy control and IGN/GameSpy is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties. 2. Children IGN/GameSpy Sites and services are not directed to children under the age of 13. IGN/GameSpy Sites and Services will not knowingly collect personally identifiable information from anyone under 13. Note to Parents. If you have any concerns about IGN/GameSpy Sites or Services, please contact us via our online form available at http://www.ign.com/email.html. 3. About Our Services A). IGN/GameSpy Sites and Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through IGN/GameSpy Sites and Services. Some Services offered on IGN/GameSpy are presently provided free of charge. It is possible that this could change in the future. B). Service Limitations. We will do our best to make your experience with the IGN/GameSpy Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that IGN/GameSpy Sites and Services, including the services of our third-party service providers, are provided "AS IS." IGN/GameSpy Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings. C). Service Changes and Discontinuation. IGN/GameSpy reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that IGN/GameSpy will not be liable to you or any third party for any modification or discontinuance of these Sites and Services. D). Privacy Policy. IGN/GameSpy respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy. 4. "Rules of the Road" For the benefit of the entire IGN/GameSpy community, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road." We hope you will find them reasonable. Please understand, though, that any conduct that is judged by IGN/GameSpy, in its sole and unfettered discretion, to violate the Rules of the Road is grounds for immediate termination of your account. For this reason, we ask that you carefully read and follow them. A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in IGN/GameSpy Sites and Services registration forms (we call this information "Registration Data"). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate. B). Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify IGN/GameSpy immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify IGN/GameSpy of the problem by giving notice via e-mail to [email protected]. C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others. D). Use E-mail and Voice-Mail Responsibly. Some IGN/GameSpy Sites and Services presently provide members with access to free email and/or voice mail accounts. In return for this free access, you agree not to use the service to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files or images. In order to ensure that these communication services are not abused, IGN/GameSpy may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the service, a maximum number of messages that may be sent from or received by an account on the service, a maximum size or length of any message that may be sent from or received by an account on the service, a maximum amount of disk space that will be allotted for your stored messages, and a maximum time period and number of times you may have access to the service in a given time frame. If you receive email that you find harassing, please use our online form, available at http://www.ign.com/email.html to forward the email to us. Be sure to include a description of the situation surrounding receipt of the email in question. E). Content Restrictions. IGN/GameSpy Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of IGN/GameSpy Sites and Services are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on IGN/GameSpy Sites and Services is strictly prohibited without the prior written permission of IGN/GameSpy. Content that is publicly available on IGN/GameSpy Sites and Service may not be stored in a computer, except for personal and non-commercial use. F). Limits on Uses of User Information. By using any IGN/GameSpy Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by IGN/GameSpy, including but not limited to any Commercial Purpose. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to IGN/GameSpy users. IGN/GameSpy reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any IGN/GameSpy account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to IGN/GameSpy on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. G). Consolidated Sites. IGN/GameSpy users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your IGN/GameSpy accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. IGN/GameSpy is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data. 5. Rights You Grant to the IGN/GameSpy Sites A). Distributing Content You Produce. Subject to IGN/GameSpy Privacy Policy, you are licensing to the IGN/GameSpy Sites and Services any "content" you provide through or to IGN/GameSpy Sites and Services. User submitted content includes but is not limited to: letters or emails; cheat codes; board posts; reader reviews; game ratings, data, notes and testimonials; and poll votes. IGN/GameSpy Sites and Services may modify, display, distribute and create new material using such content on IGN/GameSpy Sites and Services for the promotion and marketing of our services and the operation of our system. By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, IGN/GameSpy Sites and Services and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. When you submit a game FAQ, text guide, walkthrough or image, it is considered your original and copyrighted work and you are licensing the content to IGN/GameSpy for publication. We may modify the format and display of the work, but not the content. It may be distributed across IGN/GameSpy Sites and Services for promotion and marketing of our services and operation of our system. Notwithstanding this license, IGN/GameSpy will take reasonable precautions to help you to keep your email and voicemail messages private. B). IGN/GameSpy Advertising. The IGN/GameSpy Sites and Services rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that the IGN/GameSpy Sites and Services may display advertisements and promotions of all kinds in and with the services. C). Account Access. In order to ensure that the IGN/GameSpy Sites and Services are able to provide high-quality services that are responsive to our members' needs, you agree that IGN/GameSpy employees have access to your account and records as reasonably needed to investigate complaints. D). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by IGN/GameSpy, IGN/GameSpy may transfer your Personally Identifiable Information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale. 6. Other Legal Stuff A). Disclaimer of Warranties. You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. IGN/GameSpy and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. IGN/GameSpy makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential 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 IGN/GameSpy Sites and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement. 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 may not apply to you. To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it. B). No Endorsement of User Content. You acknowledge and agree that IGN/GameSpy Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that IGN/GameSpy Sites and Services do not pre-screen any user posted content, but that IGN/GameSpy and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits IGN/GameSpy Sites and receives information or uses IGN/GameSpy Services. C). Limitation of Liability. You agree that the IGN/GameSpy will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the IGN/GameSpy Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service. If, notwithstanding the other provisions of this Agreement, IGN/GameSpy is found to be liable to you for any damage or loss which arises out of our is any way connected to your use of the Sites or Services, IGN/GameSpy liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against IGN/GameSpy, or (ii) US$100.00. D). Indemnification. You agree to protect and fully compensate IGN/GameSpy Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. E). More Stuff. The IGN/GameSpy Sites and Services provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The IGN/GameSpy Sites and Services do not endorse any of the treatments, medications, or products discussed herein. IGN/GameSpy rights under this Agreement may not be waived unless IGN/GameSpy agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with IGN/GameSpy prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void. All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and IGN/GameSpy Sites and Services. II. Subscription Terms of Service THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND IGN ENTERTAINMENT, INC./GameSpy Industries ("OUR," "US," "WE" "GameSpy" OR "IGN"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING IGN/GameSpy PREMIUM SERVICE (THE "SERVICE"). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS. 1. Payment Obligation and Credit Card Authorization You are responsible for paying periodic subscription fees. All listed fees are in U.S. dollars. As a subscriber to IGN/GameSpy Sites and Services, you agree that we are permitted to charge your credit card (or other approved facility) to pay for the initial Service subscription, any automatic renewals and any other charges you may incur in connection with your use of IGN/GameSpy Sites and Services. The subscription fee will be billed at the beginning of your subscription and on each annual or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below. You give permission for us to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by visiting your subscriber preferences page ("Edit My Account") and indicating your preference. We will cancel your account upon receipt of such notification from you. If you terminate your subscription before the expiration of the current term but within this 5 day window, we will reverse the charge for the renewal term. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable. Only in cases of demonstrated fraud will these payments be refunded. Our services are subscription based. Your payment is to reserve your account in an "open" status for the time period paid. You acknowledge and agree that the authorization to charge your credit card for Services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order Services online. Payment must be made by a major credit card accepted by IGN/GameSpy, check, money order or cash (U.S. dollars only). If paying with cash, payment must be sent via certified mail. In the event of disputed cash payments, only evidence of certified mailing will be accepted as proof of payment. If we do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT IGN/GameSpy, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. IGN/GameSpy RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY IGN/GameSpy, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT IGN/GameSpy. IGN/GameSpy MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription by visiting your subscriber preferences page ("Edit My Account") and indicating your preference. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. 2. Cancellation of Your Subscription You may terminate your subscription at any time. When you terminate your account, it will not be automatically renewed and access will be terminated on the expiration date. You acknowledge that IGN/GameSpy, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if IGN/GameSpy believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any IGN/GameSpy User Agreements. IGN/GameSpy may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that IGN/GameSpy may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that IGN/GameSpy shall not be liable to you or any third-party for any termination of your access to the Service. 3. Trial Memberships IGN/GameSpy occasionally offers promotional trial memberships to its premium services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Service at the standard Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. Your subscription is cancelable at anytime by visiting your subscriber preferences page ("Edit My Account") and indicating your preference. 4. Subscriber Information You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform IGN/GameSpy of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until IGN/GameSpy is notified by e-mail of a breach in security, you will remain liable for any unauthorized use. 5. Access You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. You must keep your password strictly confidential. IGN/GameSpy will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law. 6. Warranty No warranty is made by IGN/GameSpy regarding any information, services, or products provided through or in connection with premium services, and IGN/GameSpy hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement. 7. Limitations of Liability YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT. 8. Use Restriction The material on IGN/GameSpy Sites and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. IGN/GameSpy spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from IGN/GameSpy Sites or Services, without express written permission from IGN/GameSpy. You agree that if you do so, IGN/GameSpy reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law. 9. Modifications. This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability. 10. Notices Notices by IGN/GameSpy to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services. 11. FAQ For answers to questions about your IGN/GameSpy subscription, please visit our FAQ at http://corp.igngamespy.com/help.html. All questions that can't be answered via the FAQ should be sent using our online form, available at http://www.ign.com/email.html. Please include your name and username in all correspondence or we will not respond. 12. The Agreement This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. IGN/GameSpy expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and IGN/GameSpy with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IGN/GameSpy with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 13. Communities A) When you register for the Community Boards/User Pages (the "Boards"), you agree to use the message boards and member pages only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a message board, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner. Restrict or inhibit any other user from using and enjoying the message boards. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. B) Message Board/User Page termination. IGN/GameSpy and its affiliates reserve the right to terminate your access without refund to any or all of the Boards or your User Page at any time without notice for any reason whatsoever. C) Monitoring. IGN/GameSpy and its affiliates have no obligation to monitor the Boards or the content posted on any User Page. However, IGN/GameSpy and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IGN/GameSpy 's or any of its affiliates' sole discretion. D) Usage. The Boards are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages is done so at your own risk. IGN/GameSpy is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. IGN/GameSpy and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, IGN/GameSpy and its affiliates specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board. Board managers and hosts are not authorized spokespersons of IGN/GameSpy or any of its affiliates, and their views do not necessarily reflect those of IGN/GameSpy and its affiliates. They do, however, set standards on their own forums. By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through IGN/GameSpy, its Boards or User Pages, you are granting IGN/GameSpy and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. 14. Downloads Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and IGN/GameSpy will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. 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Attn: Customer Service 8000 Marina Blvd. Second Floor Brisbane, CA 94005 Email: http://www.ign.com/email.html Telephone: 415-508-2000 Privacy Policy GameSpy Industries Privacy Policy - An Overview GameSpy is strongly committed to protecting the privacy of consumers of its interactive products and services and of visitors to its site. Throughout cyberspace, we want to contribute to providing a safe and secure environment for consumers, and in particular, ensure that kids' information is protected. All references in this policy to "GameSpy" include the GameSpy site, member-sites of the GameSpy Network, operated by GameSpy Industries, Inc. and all of the other Internet-accessible GameSpy-branded services. The purpose of this GameSpy privacy policy is to inform you, as a welcome visitor to GameSpy, (1) what kinds of information we may gather about you when you visit GameSpy; (2) how we may use that information; (3) whether we disclose it to anyone; and (4) the choices you have regarding our use of, and your ability to correct, the information. Finally, please note that this policy applies only to GameSpy and Web sites that carry the GameSpy brand, and not to other companies' or organizations' Web sites to which we link or assist in the distribution of their software. We have clearly marked GameSpy and these branded Web sites with our logo so you know where this policy applies. GameSpy welcomes comments and questions on this policy. GameSpy is dedicated to protecting your personal information. Due to the rapidly evolving nature of the technologies GameSpy uses to communicate with you, we may occasionally update this policy. Notice of any revisions will be posted to this site. Any comments or questions regarding our privacy practices should be sent to [email protected]. What personal information does GameSpy collect? GameSpy collects personally identifying information during: (i) events, sweepstakes, contest or promotion registration; (ii) subscription registration; (iii) user surveys; and (iv) registration for certain interactive areas on GameSpy and on Web sites that carry the GameSpy brand, where visitors also provide content submissions and suggestions or participate in interactive online activities (i.e., community postings, voting, chat, or bulletin boards). For each visitor to our Web page, our Web server automatically recognizes and we collect that visitor's domain name and e-mail address (where possible). In addition, we collect the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, the e-mail addresses of those who make postings to our chat areas, aggregate information about which pages visitors access, user-specific information about which pages visitors access and how much time is spent in particular areas, and information volunteered by the visitor, such as survey information and/or information provided in site registration forms, including but not limited to a visitor's name, address, and phone number. GameSpy also may record audio conversations or copy text chat or video images from chat rooms on our site. If a visitor signs up for a premium service, we collect credit card information along with a billing address. GameSpy may retain personally identifying information indefinitely. GameSpy automatically updates software used in conjunction with its services. In order to update these software titles, GameSpy will first collect the user's current version information from their hard drive. This information is not archived and is only used to determine which software titles require updating. At times GameSpy may maintain publicly available user profiles as well, which may contain personally identifying information volunteered by its visitors. What does GameSpy do with the information it collects? GameSpy may use personally identifying information of its visitors to award prizes, track compliance with our Rules of Conduct, or for editorial and feedback purposes (to the extent that is explained when visitors provide the information). In addition, GameSpy may disclose personally identifying information about you, your accounts, or any content you provide on your site, if GameSpy believes in good faith that such action is reasonably necessary to enforce its User Agreement or copyright policy, to comply with the law, to comply with legal process, to operate its systems properly, or to protect the rights or property of itself, its members, its visitors, or others. When you create a user profile or participate in interactive areas of GameSpy, including audio and gaming areas, all information volunteered by you is displayed or broadcast publicly to the GameSpy community and/or to the chat room that you are visiting. You should keep in mind that whenever you voluntarily disclose personal information online - in a user profile or in chat areas, for example - that information can be collected and used by others who visit that area of our site. GameSpy may record audio conversations or copy text chat or video images from chat rooms on our site and may disclose such material for use in promoting GameSpy or its services or if GameSpy believes in good faith that such action is reasonably necessary to enforce its User Agreement or copyright policy, to comply with the law, to comply with legal process, to operate its systems properly, or to protect the rights or property of itself, its members, its visitors, or others. Other companies which provide services on our site, or which advertise on our site, may collect information about you. GameSpy does not control collection or use of this information. You should contact these companies or advertisers directly if you have any questions about their use of this information. We will provide notice to you if one of our partners or sponsors collects information about you on our site, such as through a tournament, sweepstake, or contest. With the permission of a visitor who is 13 years of age or over, information submitted at the time of registration or submission - including but not limited to age, phone number, address, and income level - may be used for marketing and promotional purposes by GameSpy and may be shared with companies that have been pre-screened by GameSpy. If a visitor objects to such use for any reason, he/she may stop that use -- either by e-mail request sent to [email protected] or if available by modifying his/her registration information online. See "How to Unsubscribe" below. If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending an e-mail to us at the above e-mail address and providing us with your exact name and address. We also will notify other organizations with which we share such information and request that they remove your information from their mailing lists. See "How to Unsubscribe" below. How will GameSpy protect your personal information? GameSpy will take appropriate steps to protect the information you share with us. Whenever you give GameSpy sensitive information (credit card numbers, for instance), GameSpy will take commercially reasonable steps to establish a secure connection with your web browser. Credit card numbers are used only for payment processing and are not retained for marketing purposes. How to update personal information You can help GameSpy to maintain the accuracy of your information by notifying us of any change to your address, title, phone number, or e-mail address. If at any time you wish to modify your information or stop receiving communications from GameSpy, you can contact GameSpy through e-mail at [email protected] or at Privacy, GameSpy, 18002 Skypark Circle, Irvine, CA 92614. Please include your e-mail address in the message. Policies for individuals under 13 GameSpy encourages parents and guardians to spend time online with their children (persons under the age of 13 years old) and to participate in the interactive activities offered on our service. No information should be submitted to or posted at GameSpy's Web sites by visitors under 13 years of age without the consent of their parent or guardian. We will not knowingly use information collected from visitors under 13 years of age for any marketing or promotional purposes whatsoever, either inside or outside GameSpy. Visitors' e-mail addresses are not posted on GameSpy, unless provided by a visitor as part of a user profile. About IP addresses GameSpy collects IP addresses for the purposes of system administration and to report aggregate information to our advertisers. An IP address is a number that is automatically assigned to your computer whenever you're surfing the Web. Web servers -- the big computers that "serve" up Web pages -- automatically identify your computer by its IP address. When visitors request pages from GameSpy, our servers log their IP addresses. We do not link IP addresses to any personally identifiable information. This means that a user's session will be logged, but the user remains anonymous to us. Use of cookies What are cookies? Cookies are pieces of information that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies make Web-surfing easier for you by saving your passwords, purchases, and preferences while you're at our site. The use of cookies is an industry standard -- you'll find them at most major Web sites. By showing how and when guests use the site, cookies help us see which areas are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. If you accept the first tracking cookie from GameSpy, you won't be offered as many afterwards. How GameSpy uses cookies Each browser accessing GameSpy is given a unique cookie, which is then used to determine the number of unique site visitors. An additional cookie lets our computers remember that you've registered, which allows us to speed up your future activities at our sites. Similarly, the online commerce (when offered by GameSpy), may be operated by a separate company, not GameSpy, uses a temporary cookie to track which products you purchase while shopping. A cookie expires once you're done shopping. Letting it do the record-keeping saves you the trouble of entering information over and over again during a single visit. If you decline this cookie, you may have difficulty ordering your selections. How GameSpy does not use cookies GameSpy does not use cookies to retrieve information from your computer that was not originally sent in a cookie. Except as described below, GameSpy does not use information transferred through cookies for any promotional or marketing purposes, nor is that information shared with any third parties whatsoever. GameSpy does not use cookies to identify specific individuals, except in such cases as online shopping (see above) and contest registration (where a cookie allows you to enter a contest every day without registering again each time). You may occasionally get cookies from our advertisers. GameSpy does not control these cookies, and these cookies are not subject to the GameSpy cookies policy. The use of advertising cookies sent by third-party servers is standard in the Internet industry. Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the site, like the shopping areas, will not function properly if you do so. Web pages may contain electronic images (called a "single-pixel GIF" or "web beacon") that allow a web site to count users who have visited that page. GameSpy Industries uses web beacons within the GameSpy Network in order to count users and to recognize registered users by accessing GameSpy Network cookies. By using this site, you signify your assent to the GameSpy Privacy Policy. If you do not agree to this policy, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of GameSpy following the posting of changes to these terms will mean you accept those changes. For a full explanation of the terms and conditions for using this site, please see our Software License Agreement and GameSpy Arcade Agreement. You can send e-mail to us with any further questions. How to Unsubscribe From time to time, we make e-mail and postal addresses of those who access our site available to prescreened partners whose products or services we think you might find interesting. If you do not want us to share your e-mail or postal address with other companies or organizations, please Edit your GameSpy ID account and uncheck the relevant options. If you request your e-mail or postal address not to be shared or choose to opt-out of any promotion, GameSpy Industries will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, GameSpy Industries will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions.