January 1, 2010
This Agreement includes PlayerMania's policy for acceptable use of the PlayerMania Services and Content (as defined in Section 6.1 below) posted on or through the PlayerMania Services and your rights, obligations and restrictions regarding your use of the PlayerMania Services and Content posted on or through the PlayerMania Services. In order to participate in certain PlayerMania Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from PlayerMania. Unless otherwise provided by the additional terms and conditions applicable to the PlayerMania Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
PlayerMania may modify this Agreement from time to time and such modification shall be effective upon posting by PlayerMania on the PlayerMania Website. Your continued use of the PlayerMania Services after PlayerMania posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the PlayerMania Services and that you provide to other Users. Your PlayerMania profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other PlayerMania Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and PlayerMania assumes no responsibility or liability for this material. If you become aware of misuse of the PlayerMania Services by any person, please click on the "Contact Us” link at the bottom of the PlayerMania Website pages.
PlayerMania reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the PlayerMania Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. PlayerMania expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the PlayerMania Services if PlayerMania determines, in its sole discretion, that you have violated this Agreement or pose a threat to PlayerMania and/or its Users.
|1.||Eligibility. Use of the PlayerMania Services and registration to be a Member for the PlayerMania Services (“Membership”) is void where prohibited. By using the PlayerMania Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the PlayerMania Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18|
|2.||Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the PlayerMania Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. PlayerMania may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.|
|3.||Fees. You acknowledge that PlayerMania reserves the right to charge for any portion of the PlayerMania Services and to change its fees (if any) from time to time in its discretion. If PlayerMania terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).|
|4.||Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify PlayerMania immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.|
|5.||Use by Members. The PlayerMania Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by PlayerMania. PlayerMania reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the PlayerMania Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PlayerMania Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. PlayerMania reserves the right to take appropriate legal action for any illegal or unauthorized use of the PlayerMania Services.|
|6.||Proprietary Rights in Content on PlayerMania.|
PlayerMania does not claim any ownership rights in the text, files, images, photos, video, articles, works of authorship, or any other materials (collectively, "Content") that you post on or through the PlayerMania Services. After posting your Content to the PlayerMania Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the PlayerMania Services, you hereby grant to PlayerMania a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the PlayerMania Services, including without limitation distributing part or all of the PlayerMania Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the PlayerMania Website. This limited license does not grant PlayerMania the right to sell or otherwise distribute your Content outside of the PlayerMania Services. After you remove your Content from the PlayerMania Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the PlayerMania Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the PlayerMania Website as soon as practicable after you make the change.
The license you grant to PlayerMania is non-exclusive (meaning you are free to license your Content to anyone else in addition to PlayerMania), fully-paid and royalty-free (meaning that PlayerMania is not required to pay you for the use on the PlayerMania Services of the Content that you post), sublicensable (so that PlayerMania is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the PlayerMania Services), and worldwide (because the Internet and the PlayerMania Services are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the PlayerMania Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the PlayerMania Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the PlayerMania Services.
The PlayerMania Services contain Content of PlayerMania ("PlayerMania Content"). PlayerMania Content is protected by copyright, trademark, patent, trade secret and other laws, and PlayerMania owns and retains all rights in the PlayerMania Content and the PlayerMania Services. PlayerMania hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PlayerMania Content (excluding any software code) solely for your personal use in connection with viewing the PlayerMania Website and using the PlayerMania Services.
The PlayerMania Services contain Content of Users and other PlayerMania licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PlayerMania Services.
PlayerMania performs technical functions necessary to offer the PlayerMania Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PlayerMania Services.
PlayerMania may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of PlayerMania violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. PlayerMania assumes no responsibility for monitoring the PlayerMania Services for inappropriate Content or conduct. If at any time PlayerMania chooses, in its sole discretion, to monitor the PlayerMania Services, PlayerMania nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the PlayerMania Services, and any material or information that you transmit to other Members and for your interactions with other Users.
|8.|| Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the PlayerMania Services. PlayerMania reserves the right to investigate and take appropriate legal action against anyone who, in PlayerMania's sole discretion, violates this provision, including without limitation, removing the offending Content from the PlayerMania Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of PlayerMania:|
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security risk to any person;
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without prior written consent from PlayerMania such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph or video of another person that you have posted without that person's consent;
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the PlayerMania Website and through your use of the PlayerMania Services. PlayerMania reserves the right to investigate and take appropriate legal action against anyone who, in PlayerMania's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the PlayerMania Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, PlayerMania reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PlayerMania deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the PlayerMania Services, you acknowledge that you will have caused substantial harm to PlayerMania, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay PlayerMania $50 for each such unsolicited email or other unauthorized commercial communication you send through the PlayerMania Services;
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the PlayerMania Services;
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
covering or obscuring the banner advertisements on your personal profile page, or any PlayerMania page via HTML/CSS or any other means;
any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the PlayerMania Services or the networks or services connected to the PlayerMania Services;
impersonating or attempting to impersonate another Member, person or entity;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the PlayerMania Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the PlayerMania Services on behalf of that person, such as placing commercial content on your profile or managed page, posting articles, events or announcements with a commercial purpose, or sending private messages with a commercial purpose; or
using the PlayerMania Services in a manner inconsistent with any and all applicable laws and regulations.
|9.||Protecting Copyrights and Other Intellectual Property PlayerMania respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. PlayerMania has the right to terminate the Membership of infringers.|
|10.||Member Disputes. You are solely responsible for your interactions with other PlayerMania Members. PlayerMania reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.|
|12.||Disclaimers. PlayerMania is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the PlayerMania Services, whether caused by Users of the PlayerMania Services or by any of the equipment or programming associated with or utilized in the PlayerMania Services and such User Content does not necessarily reflect the opinions or policies of PlayerMania. Profiles and third party applications created and posted by Members on the PlayerMania Website may contain links to other websites. PlayerMania is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by PlayerMania. Inclusion of any linked website on the PlayerMania Services does not imply approval or endorsement of the linked website by PlayerMania. When you access these third party sites, you do so at your own risk. PlayerMania takes no responsibility for third party advertisements or third party applications that are posted on or through the PlayerMania Services, nor does it take any responsibility for the goods or services provided by its advertisers. PlayerMania is not responsible for the conduct, whether online or offline, of any User of the PlayerMania Services. PlayerMania assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. PlayerMania is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the PlayerMania Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PlayerMania Services. Under no circumstances shall PlayerMania be responsible for any loss or damage, including personal injury or death, resulting from use of the PlayerMania Services, attendance at a PlayerMania event, from any User Content posted on or through the PlayerMania Services, or from the conduct of any Users of the PlayerMania Services, whether online or offline. The PlayerMania Services are provided "AS-IS" and as available and PlayerMania expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PlayerMania cannot guarantee and does not promise any specific results from use of the PlayerMania Services.|
|13.||Limitation on Liability. Limitation on Liability. IN NO EVENT SHALL PlayerMania BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PlayerMania SERVICES, EVEN IF PlayerMania HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PlayerMania'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PlayerMania FOR THE PlayerMania SERVICES DURING THE TERM OF MEMBERSHIP.|
|14.||U.S. Export Controls. Export Controls. Software available in connection with the PlayerMania Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the PlayerMania Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.|
|15.||Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and PlayerMania agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the PlayerMania Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.|
|16.||Indemnity. You agree to indemnify and hold PlayerMania, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PlayerMania Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the PlayerMania Services causes PlayerMania to be liable to another.|
|17.||Other. This Agreement is accepted upon your use of the PlayerMania Website or any of the PlayerMania Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and PlayerMania regarding the use of the PlayerMania Services. The failure of PlayerMania to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. PlayerMania is a trademark of PlayerMania, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.|
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.