WeGame
Legal
TERMS OF SERVICE
WeGame.com Inc. ("WeGame")
welcomes you to its online website (collectively, including all content
and functionality available through the www.WeGame.com domain name,
the "WeGame Website" or "Website"). WeGame's proprietary
software, content and related documentation and information (including
the WeGame "Embeddable Player" and the WeGame "Client")(collectively,
the "Software") and any other such service provided by WeGame (collectively
with the Software, the "Service") records your gameplay as a video
and uploads it to the Website for gamers all around the world to enjoy.
BY DOWNLOADING, ACCESSING
OR USING ANY PART OF WEBSITE OR THE SOFTWARE, YOU EXPRESSLY AGREE TO
AND CONSENT TO BE BOUND BY (A) THE TERMS AND CONDITIONS OF THESE TERMS
OF SERVICE (THE "TERMS OF SERVICE" OR "AGREEMENT") AND
(B) WeGame's privacy notice, found at http://www.wegame.com
These Terms of Service
apply to all users of the Website, including users who are also contributors
of multimedia files, video content, information, and other materials
or services on the Website. The Website includes all aspects of WeGame,
including, but not limited to, WeGame channels and the Software.
1.
Service Terms and Limitations.
1.1.
Intellectual Property Rights.
The Service is proprietary to WeGame and is protected by intellectual
property laws and international intellectual property treaties. The
entire contents of Website (the "Content") are copyrighted as a
collective work under the laws of United States and other copyright
laws. WeGame holds the copyright in the collective work. The collective
work may include works that are the property of other third parties
which are also protected by copyright and other intellectual property
laws. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download portions of the
Content from the different areas of Website solely for your own non-commercial
use, unless otherwise permitted. Any redistribution retransmission or
publication of any copyrighted material is strictly prohibited without
the express written consent of the copyright owner. You agree not to
change or delete any proprietary notices from materials downloaded from
Website. You may not use any WeGame logo or any other proprietary graphic
or trademark without WeGame's express written permission. As between
the parties, title, ownership rights, and intellectual property rights
in and to the Software or the Material (as defined below), and any copies
or portions thereof, shall remain in WeGame and/or its content providers.
1.2.
Grant of Limited License.
Your access to the Service is licensed and not sold. Subject to your
compliance with these Terms of Service, WeGame agrees to provide you
with a personal, revocable, non-transferable and non-exclusive account
enabling you to access and use the Service and the Website. All
WeGame content and Software that is made available to view and/or download
in connection with the Service is owned by and is the copyrighted work
of WeGame and/or its suppliers and is licensed, not sold. Your use of
the Software (including the use of the materials that you download in
connection with the use of the Software, along with any documentation,
text, software, photos, video, graphics, and music, sound or other multimedia
files that might accompany it (collectively, "Material")) is governed
by the terms of WeGame's Software License Agreement, if any, which
accompanies or is included with the Software ("License Agreement").
You may not install or use any Software that is accompanied by or includes
a License Agreement unless you first agree to the terms and conditions
of the License Agreement. For any Software not accompanied by a license
agreement, WeGame hereby grants to you, the user, a non-exclusive, revocable,
personal, non-transferable license as set forth in the License Agreement.
You may not lend, lease, rent or sublicense the Software or any aspect
of the Service.
1.3.
User's Agreement.
1.3.1. In order to access some features
of the Website, you will have to create an online account (the "WeGame
Account"). You agree to: (a) maintain the security of your user identification,
password and other confidential information relating to your WeGame
Account; (b) be solely responsible for the security, confidentiality
and integrity of all messages and the content that you receive, transmit
through or store on the Service; (c) be responsible for all charges
resulting from use of your WeGame Account, including unauthorized use
prior to your notifying WeGame in writing of such use and taking steps
to prevent its further occurrence by changing your password; (d) comply
with the terms and conditions set forth herein; and (e) comply with
all applicable U.S. and international laws, statutes, ordinances, rules,
regulations, contracts and applicable licenses regarding your use of
the Services or Website.
1.3.2. If you use the WeGame Embeddable
Player on your website, you may not modify, build upon, or block any
portion of the Embeddable Player in any way.
1.3.3. If you use the Software, you agree
that it may automatically download and install updates from time to
time from WeGame. These updates are designed to improve, enhance and
further develop the Software and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree
to receive such updates (and permit WeGame to deliver these to you)
as part of your use of the Software.
1.4. Restrictions.
1.4.1. You may not, directly or indirectly,
(a) modify, translate, reverse engineer, decompile, disassemble (except
to the extent applicable laws specifically prohibit such restriction),
create derivative works based on the Software or the Material; or (b)
copy the Software, the Material, the Content or any User Submissions
or engage in any other acts inconsistent with the principles of copyright
protection and fair use, as codified in 17 U.S.C. Sections 106-110,
without obtaining the express written permission of WeGame and the copyright
owner; or (c) distribute (except for the purposes set forth above),
rent, lease, transfer or otherwise transfer rights to, or in any way
exploit, the Software, the Material, the Content or any User Submissions,
in whole or in part; or (d) remove any proprietary notices or labels
on the Software, the Material, the Content or any User Submissions.
1.4.2. You are responsible for your communications
and your use of the Website. You may not, under any circumstances, do
any of the following: (a) use simultaneous, unattended or continuous
connections to Service with one account; (b) post or transmit any message
which is libelous or defamatory; (c) post or transmit any message, data,
image or program which is indecent, obscene or pornographic; (d) post
or transmit any message, data, image or program that would violate the
property rights of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential proprietary
information, and trademarks or service marks used in an infringing fashion;
(e) use the Service to threaten, harass, stalk, abuse, or otherwise
violate the legal rights (including rights of privacy and publicity)
of others; (f) intercept or attempt to intercept email or other private
communications not intended for you; (g) send email to users or other
Internet users for any purpose other than personal communication, including
to advertise or offer to unsolicited sell goods or services to other
users, use as a mass unsolicited distribution medium to communicate
a generally unsolicited message, or use your email account as an address
to which users or other Internet users need to respond (except as otherwise
expressly permitted by WeGame; (h) send unsolicited email messages through
third-party mail servers in order to relay your email or hide the origination
of your email to others; (i) upload or download files that contain software
or other material protected by intellectual property laws, rights of
privacy or publicity, or any other applicable law unless you own or
control the rights to such files or have received all necessary consents;
(j) upload files that contain a virus or corrupted data; (k) delete
any author attributions, legal notices or proprietary designations or
labels in a file that you upload to a BBS or the Website; (l) falsify
the source or origin of software or other material contained in a file
that you upload to a BBS or the Website; (m) use the Service in a manner
that adversely affects the availability of its resources to other users;
(n) use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity that is not a subscriber to the Service
the user directory or any portion thereof other than for personal, noncommercial
purposes (except as otherwise expressly permitted by WeGame); (o) falsely
purport to be an employee or agent of WeGame; (p) cause repeated disruptive
incidents; (q) act, or fail to act, in your use of the Service, in a
manner that is contrary to applicable law or regulation; (r) distribute
in any medium any part of the Website, including, but not limited to,
any User Submissions (as defined below), without WeGame's prior
written consent; (s) access User Submissions or any content on the Website
through any technology or means other than the video playback pages
of the Website itself, the Software (including the WeGame "Embeddable
Player" and the WeGame "Client") or other explicitly authorized
means WeGame may designate; (t) circumvent, disable or otherwise interfere
with security-related features of the Website or features that prevent
or restrict use or copying of any Content or enforce limitations on
use of the Website or the Content therein; or (u) engage in any other
activity deemed by the WeGame to be in conflict with the spirit or intent
of this Agreement. In addition, you may not post or transmit any message
which is harmful, threatening, abusive or hateful. It is not the intent
of WeGame to discourage users from taking controversial positions or
expressing vigorously what may be unpopular views in Website, nonetheless,
WeGame reserves the right to take such action as it deems appropriate
in cases where the Service is used to disseminate statements which are
deeply and widely offensive and/or harmful. Your failure to observe
any of the foregoing limitations or obligations may result in civil
or criminal liability.
1.4.3. You agree not to use the Service,
any Content or any User Submissions for any commercial use, without
the prior written authorization of WeGame. By way of illustration, prohibited
commercial uses include, but are not limited to, any of the following
actions taken without WeGame's express approval: (a) sale of access
to the Website or its related services (such as the Embeddable Player)
on another website; (b) use of the Website or its related services (such
as the Embeddable Player or Client), for the primary purpose of gaining
advertising or subscription revenue; (c) the sale of advertising, on
the Website or any third-party website, targeted to the content of specific
User Submissions or WeGame content; and (d) any use of the Website or
its related Services that WeGame finds, in its sole discretion, to use
WeGame's resources or User Submissions with the effect of competing
with or displacing the market for WeGame, WeGame content, or its User
Submissions; provided, however, that prohibited commercial
uses do not include (A) uploading an original video to WeGame, or maintaining
an original channel on WeGame, to promote your business or artistic
enterprise; (B) using the WeGame "Embeddable Player" to show WeGame
videos on an ad-enabled blog or website, provided the primary purpose
of using the WeGame "Embeddable Player" is not to gain advertising
revenue or compete with WeGame; and (C) any use that WeGame expressly
authorizes in writing.
1.4.4. You agree not to use or launch any
automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the
Website in a manner that sends more request messages to the WeGame servers
in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser. Notwithstanding
the foregoing, WeGame grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole
purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives
of such materials. WeGame reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest
any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website
(e.g. comments, email) for any commercial solicitation purposes. You
agree not to solicit, for commercial purposes, any users of the Website
with respect to their User Submissions.
1.4.5. You agree to be financially responsible
for your use of the Service (as well as for use of your account by others,
including minors living with you) and to comply with your responsibilities
and obligations as stated in this Agreement.
1.5.
User Representations. You represent and warrant to WeGame
that: (i) you are over the age of thirteen (13) and have the power,
authority or consent to enter into and perform your obligations under
this Agreement; (ii) all information provided by you to WeGame is truthful,
accurate and complete; (iii) you are the authorized signatory of the
credit or charge card provided to WeGame to pay the Fees; (iv) you shall
comply with all terms and conditions of this Agreement; (v) you have
provided and will provide accurate and complete registration information,
including, without limitation, your legal name, address and telephone
number; and (vi) each time you upload a User Submission on Website or
through the Service, (x) you represent and warrant that you own or otherwise
control the rights or have the necessary consents to upload or post
such User Submissions and to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and this Agreement.
2.
Privacy Policy. WeGame considers its users' privacy to be
of the utmost importance. Please see our Privacy Notice (http://www.wegame.com
3.
User Submissions; On-Line Communications.
3.1. User
Submissions.
3.1.1.
WeGame does not claim ownership of any materials and other information
(including, without limitation, ideas contained therein for new or improved
products or services) you post, upload, or submit to public areas of
Website (such as bulletin boards ("BBSs"), forums and chat
rooms), video content and textual content (collectively, the "User
Submissions").
3.1.2. By posting, uploading, submitting,
or inputting any User Submissions to the Website or through the Service,
alone or as part of other works, you agree to grant to WeGame a perpetual,
royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license
to use, copy, sublicense, reproduce, distribute, redistribute, modify,
adapt, publish, edit, translate, transmit, create derivative works of,
publish and/or broadcast, publicly perform or display any such User
Submissions (including without limitation, ideas contained therein for
new or improved products or services) in any form, media, or technology
whether by any means and in any media now known or hereafter developed
and to sublicense such rights through multiple tiers of sublicenses;
and to publish your name in connection with your User Submission. You
also hereby grant each user of the WeGame Website a non-exclusive license
to access your User Submissions through the Website, and to use, reproduce,
distribute, display and perform such User Submissions as permitted through
the functionality of the Website and under this Agreement. With
respect to any User Submissions consisting of video files, the above
licenses granted by you shall terminate within a commercially reasonable
time after you remove or delete of such video files from the Service.
You understand and agree, however, that WeGame may retain server copies
of User Submissions that have been removed or deleted. The above licenses
granted by you with respect to any other types of User Submissions are
perpetual and irrevocable. You hereby waive your moral rights
in any such User Submissions, and you hereby warrant that any such User
Submissions are original with you, or that you have the right to submit
such User Submissions. You agree that you shall have no recourse against
WeGame for any alleged or actual infringement or misappropriation of
any proprietary right in your communication to us. You further
acknowledge and agree that (a) no compensation will be paid with respect
to the use of your User Submissions, as provided herein; (b) WeGame
is under no obligation to post or use any User Submission you may provide;
and (c) WeGame may remove any Submission at any time in its sole discretion.
3.1.3. You may access User Submissions
solely in accordance with the terms of this Agreement, and for Streaming.
For the purpose of this Agreement, "Streaming" means a contemporaneous
digital transmission of an audiovisual work via the Internet from the
Service to a user's device in such a manner that the data is intended
for real-time viewing and not intended to be copied, stored, permanently
downloaded, or redistributed by the user. Accessing any Content or User
Submission for any purpose or in any manner other than Streaming is
expressly prohibited.
3.2.
On-Line Communications. Your participation in on-line communications
occurs in real time and is not edited, censored, or otherwise controlled
by WeGame. WeGame cannot and does not screen content provided by you
to Website or through the Service. Notwithstanding the foregoing, WeGame
reserves the right to monitor content on Website and to remove content,
which WeGame, in its sole discretion, determines to be harmful, offensive,
or otherwise in violation of this Agreement or WeGame's operating policies
for users of Website ("Users"). Except as described herein,
any communication which you post on any public area of Website (e.g.,
comments, forums, etc.) is considered to be non-confidential. You may
send and receive electronic mail ("email"), engage in conferences
and chats, download and upload files and otherwise use Website as permitted
by this Agreement, WeGame operating policies and applicable law. Files
that you upload, public messages that you send and your activity in
conferences and chats are subject to review, modification and deletion
without notice by the forum manager responsible for the Website area
where you're uploading or other activity takes place (or by an individual
designated by such forum manager for such purpose). WeGame operating
policies relating to online conduct, storage and deletion of email and
uploaded files, conferences, BBSs and other matters are available online
on the Website. WeGame reserves the right in its sole discretion to
change such policies at any time. Files uploaded to a BBS may be subject
to posted limitations on usage, reproduction and/or dissemination, and
you are responsible for adhering to such limitations if you download
them.
4.
Operation.
4.1. Rights
Reserved. WeGame reserves complete and sole discretion with
respect to the operation of Website. WeGame may, among other things:
(a) delete email or private messages if it has not been accessed by
a User within the time established by WeGame policies; (b) make available
to third parties information relating to Website and Users; and (c)
withdraw, suspend or discontinue any functionality or feature of Website.
WeGame may, in its complete and sole discretion, review uploaded files,
conferences, BBSs, forums, chats and User Submissions and authorize
restrictions on access thereto.
4.2. Accessibility.
You acknowledge and agree that from time to time the Service may be
inaccessible or inoperable for any reason, including, without limitation:
(i) equipment malfunctions; (ii) periodic maintenance procedures or
repairs which WeGame may undertake from time to time; or (iii) causes
beyond the control of WeGame or which are not reasonably foreseeable
by WeGame.
4.3.
Equipment; Updates; Support.
You shall be solely responsible for providing, maintaining and ensuring
compatibility with the Service, all hardware, software, electrical and
other physical requirements for your use of the Service, including,
without limitation, telecommunications and internet access connections
and links, web browsers or other equipment, programs and services required
to access and use the Service. WeGame is not obligated to provide updates
or improvements to the Service. However, if WeGame, in its sole discretion,
updates or improves the Service, this Agreement shall apply to any such
updates and improvements unless expressly noted otherwise. WeGame may,
but is not required to, provide you with customer support ("Support").
Unless you have entered into a separate written support agreement with
WeGame with respect to the Service, WeGame may terminate any Support
it provides at any time in its sole discretion. Authorized third-party
software that uses the Service is not supported by WeGame and you should
contact the provider of such software for support, if any.
5.
Other Sites. The Service may allow you to interact with third-party
Web sites and Web services ("Link(s)"). WeGame make no representations
concerning any effort to review all of the content of sites listed in
its Website. Links may lead unintentionally to sites containing information
that some people may find inappropriate or offensive. It may also lead
to sites which contain inaccurate information, false or misleading advertising,
or information which violates copyright, libel or defamation laws. The
Links are not under the control of WeGame and WeGame is not responsible
for the contents of any Links, including without limitation any link
contained in a Link, or any changes or updates to a Link. WeGame is
not responsible for any form of transmission received from any Link,
nor is WeGame responsible if the Link is not working appropriately.
WeGame is providing these Links to you only as a convenience, and the
inclusion of any Link does not imply endorsement by WeGame of the Link
or any association with its operators. You are responsible for viewing
and abiding by any privacy statements and terms of use posted in connection
with the Links. You are solely responsible for any dealings with
third parties (including advertisers) who support the Service, including
the delivery of and payment for goods and services.
6.
Disclaimers.
6.1. Disclaimer
of Warranties. WEGAME PROVIDES THE SERVICE AND THE SOFTWARE
"AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE,"
AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT IS WITH YOU. WEGAME, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS,
SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "WEGAME PARTIES")
MAKE NO WARRANTIES. THE WEGAME PARTIES DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT,
(2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE,
AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF
THIS AGREEMENT. WEGAME CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND
MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING
LOSS OF DATA. WEGAME CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES
AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION
BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING
OR DESTRUCTIVE PROPERTIES. WEGAME DOES NOT WARRANT OR GUARANTEE THAT
THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY
OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SERVICE. WEGAME MAY CHANGE THE SERVICE OR THE FEATURES IN
ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
6.2. Disclaimer
of Third Party Information.
6.2.1. WeGame does not and cannot review
all communications and materials posted or uploaded to Website and is
not responsible for the content of these communications and materials.
However, WeGame reserves the right to block or remove communications
or materials that it determines, in its sole discretion, to be (a) abusive,
libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright or trademark, other intellectual property
right of another or (d) offensive or otherwise unacceptable to WeGame.
6.2.2. You understand that when using the
Website, you will be exposed to User Submissions and third party content
from a variety of sources, and that WeGame is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions or third party content. You further
understand and acknowledge that you may be exposed to User Submissions
and third party content that may be offensive, indecent, inaccurate,
or objectionable, and you agree to waive, and hereby do waive, any legal
or equitable rights or remedies you have or may have against WeGame
with respect thereto.
6.2.3. Statements made in websites, newsgroups,
message boards, email, forums, conferences, chats and User Submissions
reflect only the views of their authors. Forum managers, forum hosts,
content providers, or merchants appearing on Website are not authorized
WeGame spokespersons, and their views do not necessarily reflect those
of WeGame, and WeGame does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein
7. Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
WeGame, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM
AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE
ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY
ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES'
WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT)
BY YOU OR ANY OTHER PERSON ACCESSING
Website USING YOUR SERVICE ACCOUNT.
8.
Waiver and Release. YOU AGREE THAT NEITHER
WeGame, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
licensors OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY
OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF
Website, THE SERVICE, OR THE CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT WEGAME SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND
ALL CLAIMS YOU MAY HAVE AGAINST WeGame, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, licensors OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS
BASED UPON THE NEGLIGENCE OF WeGame, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, licensors OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN
CONNECTION WITH YOUR USE OF Website, THE SERVICE, OR THE
CONTENT.
9. Limitation
of Liability. NOTWITHSTANDING THE FOREGOING PARAGRAPH,
THE TOTAL LIABILITY OF WeGame, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
Licensors AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED
THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE
PROVIDED. IN NO EVENT SHALL ANY OF THE WEGAME PARTIES BE LIABLE FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE
SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH
THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF WeGame ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
Licensors OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Website is controlled
and offered by WeGame from its facilities in the United States of America.
WeGame makes no representations that the Website is appropriate or available
for use in other locations. Those who access or use the Website from
other jurisdictions do so at their own volition and are responsible
for compliance with local law.
10.
Third Party Rights. The provisions of Sections 7 (Indemnification),
8 (Waiver and Release) and 9 (Limitation of Liability) are for the benefit
of WeGame and its officers, directors, employees, agents, licensors,
and suppliers. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on
its own behalf.
11.
Term and Termination. The term of this Agreement shall commence
on the date you access the Website and shall terminate as set forth
herein. Either you or WeGame may terminate your right to use Website
at any time, with or without cause, with or without notice. The
provisions of Sections 1.1 (Intellectual Property Rights), 1.3 (User's
Agreement), 1.4 (Restrictions), 1.5 (User Representations), 3 (User
Submissions; On-Line Communications), 4 (Operation), 5 (Other Sites),
6 (Disclaimers), 7 (Indemnification), 8 (Waiver and Release), 9 (Limitation
of Liability), 10 (Third Party Rights), 11 (Term and Termination), 13
(Export Controls), 14 (U.S. Government Restricted Rights), 15 (Miscellaneous),
and 16 (Notice) shall survive any termination of this Agreement.
12.
Copyright or Intellectual Property Infringement Notification.
WeGame respects the intellectual property rights of others. You can
notify WeGame of possible copyright infringement, and WeGame will review
all claims of copyright infringement received and remove content deemed
to have been posted or distributed in violation of any such laws. To
make a claim, please provide the following:
(a) A physical
or an electronic signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest
that is allegedly infringed;
(b) A description
of the copyrighted work or other intellectual property that you claim
has been infringed;
(c) A description
of where the material that you claim is infringing is located on Website
reasonably sufficient to permit WeGame to locate the material;
(d) Your contact
information, including your address, telephone number, and email;
(e) A statement
by you that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
(f) A statement
by you that the above information in your notice is accurate and that
you, made under penalty of perjury, are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
Contact the agent designated
to receive and act on copyright violations under the Digital Millennium
Copyright Act ("DMCA"). Claims can be sent to [copyright@wegame.com]
or to WeGame.com, Inc., 611 Mission St, 5th Floor, San Francisco, CA 94105.
13.
Export Controls. You shall comply with all export laws and
restrictions and regulations of the Department of Commerce, the United
States Department of Treasury Office of Foreign Assets Control ("OFAC"),
or other United States or foreign agency or authority, and not to export,
or allow the export or re-export of the Material in violation of any
such restrictions, laws or regulations. By downloading or using the
Material, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the control of, or
a national or resident of any restricted country or on any such list.
14. U.S. Government
Restricted Rights. Any software which is downloaded from or
made available via The Software for or on behalf of the United States
of America, its agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is WeGame.com, Inc., 611 Mission St, 5th Floor, San Francisco, CA
94105.
15.
Miscellaneous. This Agreement shall be governed by and construed
in accordance with the laws of the State of California. You agree that
the Website shall be deemed a passive website that does not give rise
to personal jurisdiction over WeGame, either specific or general, in
jurisdictions other than California. You agree that any legal action
or proceeding between WeGame and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively
in a court of competent jurisdiction sitting in San Francisco, California,
United States. Any cause of action or claim you may have with respect
to WeGame must be commenced within one (1) year after the claim or cause
of action arises. WeGame's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. No waiver of any term, provision
or condition of this Agreement, whether by conduct or otherwise, in
any one or more instances, shall be deemed to be, or shall constitute,
a waiver of any other term, provision or condition hereof, whether or
not similar, nor shall such waiver constitute a continuing waiver of
any such term, provision or condition hereof. No waiver shall be binding
unless executed in writing by the party making the waiver. This Agreement,
together with the Privacy Notice at http://www.wegame.com
16.
Notice. WeGame may deliver notice to you under this Agreement
by means of electronic mail, a general notice on Website, or by written
communication delivered by first class U.S. mail to your address on
record in your WeGame Account. You may give notice to WeGame at any
time via electronic mail to Website to the following address:
ATTN: Member Service
