Wargamer Ltd Terms of Use and Legal Restrictions
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
Wargamer Ltd, ("WARGAMER") provides you access to the
Wargamer.com web site (the "Site") and the information and other
materials available on and through the Site, subject to your compliance with the
terms and conditions set forth below (the "Terms of Use"). If you do
not agree with any of the Terms of Use, DO NOT USE THIS SITE. Your continued use
of this Site evidences your agreement to be bound by each of the Terms of Use
and constitutes a legally binding contract between you and WARGAMER.
THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE
BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION
OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT WARGAMER TO
ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
WARGAMER
WARGAMER is a web site covering strategy and wargames and the gaming community
for over ten years. Our gaming network that is geared to adults (18-34) and
teens (13-17). Wargamer Ltd is dedicated to creating a brand source of
entertainment covering news, gaming community, editorials, columns. Including
information about historical, online, wireless and the computer and table top
gaming industry. WARGAMER is dedicated to creating, publishing and broadcasting
original material. This Site provides the Wargamer Ltd community with news,
features, online games, resources and interactive forums for the full rich
WARGAMER experience.
INTELLECTUAL PROPERTY
All text, graphics, multimedia content or other material available from the
entry point URL http://www.wargamer.com
and pages within that domain and all related code, including but not limited to
films, images, text, ideas, graphics, logos, icons, layouts, arrangements,
displays, illustrations, audio and video clips, HTML, other mark-up languages,
and all scripts and software within this Site ("Material(s)") are the
property of WARGAMER and/or its affiliates or licensors and are protected by
copyrights and other proprietary intellectual property rights that are owned or
controlled by WARGAMER or by other parties that have licensed their Material to
WARGAMER. Material from the Site may not be copied, reproduced, republished,
uploaded, posted, transmitted, distributed, modified, transferred, sold,
displayed, or in any way commercially exploited in whole or in part except that
you may download one copy of the Materials on any single computer for your
personal, noncommercial use, and one single permanent copy to be used by you,
provided you keep intact any copyright and other proprietary notices on the
Materials and do not modify the Materials in any way. You must obtain the prior
written consent of WARGAMER for any other use of the Materials. Modification of
the Materials or use of the Materials for any other purpose is a violation of
copyright and other proprietary rights and the use of any of the Material on any
other Web site or computer environment is strictly prohibited.
TRADEMARKS AND COPYRIGHTS
"Wargamer", "MilitaryGamer”, MilitaryGamer”, “MilitaryGamerOnline”,
“StrategyGamer”, “The Gamers Net”, “BattleHQ”, Battle Leagues”,
“Game Depot”, “Opponents Wanted”, and their respected logos as well as
other marks which may appear on the Site ("Marks"), are the service
and trademarks of WARGAMER. All other trademarks, service marks and logos used
on this Site, with or without attribution, are the trademarks, service marks or
logos of their respective owners. In addition, elements of the Site are
protected by trade dress and other federal and state intellectual property laws
and may not be copied, reproduced, downloaded, or distributed in any way in
whole or in part without the express written permission of WARGAMER.
Protected under copyright and international treaties. No portion of this Site or
the files contained therein may be obtained for other than personal
non-commercial use nor may they be reproduced or otherwise redistributed.
Violations will be prosecuted to the maximum extent possible under the law and
may result in severe civil and criminal penalties.
All other copyrights and products mentioned on WARGAMER are the property of
their respective companies. All other copyrights and products mentioned on Site
are the property of their respective companies. And WARGAMER makes no claim
thereto
.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
This Site contains links to pages on other sites, and those sites may offer
products and/or services for sale ("Linked Sites"). You acknowledge
and agree that WARGAMER has no responsibility for the accuracy or availability
of information provided by Linked Sites. Links to Linked Sites do not constitute
an endorsement by WARGAMER of the sponsors of such Linked Sites or the content,
products, advertising or other materials presented on the Linked Sites. WARGAMER
does not author, edit or monitor these pages or links. You acknowledge and agree
that WARGAMER is not responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods, or services available on the Linked Sites
or resources.
WARGAMER WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR
ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION
PROVIDED ON THE LINKED SITES. WARGAMER IS NOT AND WILL NOT BE RESPONSIBLE FOR:
(1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY;
(2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR
PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY
OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF
SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF
ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF
OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY
PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR
ANY THIRD PARTY'S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE WARGAMER (AND
ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS
AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.
DIGITAL MILLENNIUM COPYRIGHT ACT
WARGAMER respects others' intellectual property rights and has made every effort
to secure appropriate clearances for all proprietary intellectual properties
that WARGAMER directly makes available on the Site. However, if you believe any
Material on the Site, either posted by WARGAMER, our users or any other party,
is infringing, please contact WARGAMER at the address below. Pursuant to the
Digital Millennium Copyright Act, WARGAMER has registered an agent to receive
copyright infringement claims.
You may notify WARGAMER of alleged intellectual property rights infringement by
contacting our Designated Agent at:
Wargamer Ltd
150 - L Greaves Lane
Suite 453
Staten Island, New York 10308
legal@wargamer.com
Infringement notices addressed to WARGAMER's Designated Agent need to include
the following information so that WARGAMER can locate the Material and properly
process the request:
1. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest in the
Material;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the Material that you claim is infringing is located
on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use of
the Material is not authorized by the copyright or intellectual property owner,
its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
USER CONDUCT AND SUBMISSIONS
In order to access and use the Site, you agree that you will not: (1) reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
portion of the Site; or (2) use WARGAMER's name, URL, trademarks, server, or
other materials in connection with, or to transmit, any unsolicited
communications or "spam." For the purposes of this agreement, "spam"
has the meaning generally understood among Internet users.
You may not post, upload, or transmit to the Site or to Wargamer Ltd servers any
communications, text, graphics or other information (collectively,
"Unauthorized Content") that: (1) is obscene, fraudulent, indecent, or
that defames, abuses, harasses, or threatens others; (2) contains any viruses,
Trojan horses, worms, time bombs, cancelbots, or other disabling devices or
other harmful component intended to or that may damage, detrimentally interfere
with, surreptitiously intercept, or expropriate any system, data, or personal
information; (3) advocates or encourages any illegal activity; (4) infringes on
the copyright, patent, trademark, trade secret, right of publicity, or other
intellectual property or proprietary right of any third party; (5) violates the
privacy of individuals, including other users of the Site; or (6) violates any
applicable local, state, national or international law. Although WARGAMER does
not pre-screen user submissions in chat rooms, forums, reviews or otherwise,
WARGAMER and its agents retain the right (but not the obligation) in their sole
discretion to refuse or move any Materials, information or other content
available on the Site.
WARGAMER does not claim ownership of any Materials or information you submit or
make available for the Site and you are entirely responsible for everything you
upload, post, email or otherwise make available on the Site. Any Materials or
other information are not and will not be treated as confidential. In addition,
by uploading, posting, emailing or otherwise making available any Materials or
other information on the Site, you grant WARGAMER a worldwide, perpetual,
royalty-free, fully paid up, non-exclusive license to distribute, reproduce,
modify, adapt, publicly perform, publicly display, sublicense, freely assign,
create derivative works from and otherwise use and exploit any such Materials or
information in any medium now known or hereinafter developed. You also agree
that WARGAMER may disclose any such Materials or information to any third party
for any reason, including without limitation, if disclosure is required or is
reasonably necessary to comply with the law or any legal process, enforce
WARGAMER's rights, analyze or respond to third party claims or generally protect
WARGAMER and its users.
USER CHAT ROOMS, FORUMS & NEWS SECTIONS:
WARGAMER may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, forums, bulletin boards, discussion forums, message boards, e-mail forums, specialty forums or other forums, and the content of any such Communications. WARGAMER, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
The views expressed by third parties on these pages are not representative of the views of Wargamer Ltd, it's principals, employees or agents or anyone acting under > its direction or control. Wargamer Ltd cannot monitor the content not produced by us and has not reviewed all the third party material published on this site. The Wargamer Ltd reserves the right to edit third party content for length, however Wargamer Ltd does not edit or change the substantive content of third party postings. Wargamer Ltd accepts no liability whatsoever in relation to the content of third party material placed on these pages.
NO WARRANTIES
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS
IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WARGAMER DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY
SITE-RELATED SERVICES.
IN ADDITION, WARGAMER DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WARGAMER DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR
SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT WARGAMER) ASSUME THE ENTIRE RISK OF ANY
RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON
THE SITE.
UNDER NO CIRCUMSTANCES WILL WARGAMER BE LIABLE IN ANY WAY FOR ANY CONTENT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT
ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WARGAMER, ITS PARENT, ITS AFFILIATES OR ITS
SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES,
SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES
AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF
THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP
USING THE SITE AND/OR THOSE SERVICES.
INDEMNITY
You agree to indemnify and hold WARGAMER and its parent, subsidiaries,
affiliates, and their respective officers, directors, agents, partners, sponsors
and employees of each harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of content you
submit, post to or transmit to the Site, your use of the Site, your connection
to the Site, your violation of these Terms of Use, or your violation of any
rights of another party.
TERMINATION OF THE SITE
WARGAMER reserves the right to withdraw, suspend or discontinue at any time and
from time to time any Materials, information, content or services available on
the Site and any functionality or features in or on the Site, including the
cessation of all activities associated with the Site, with or without notice.
WARGAMER may, in its sole discretion, terminate your use of the Site for any
reason, including, without limitation, if WARGAMER believes that you: (1) have
breached these Terms of Use; (2) infringed the intellectual property right of a
third party; (3) provided any information that WARGAMER is unable to verify or
authenticate; (4) uploaded or transmitted Unauthorized Content to the Site; or
(5) violated or acted inconsistently with the letter or spirit of these Terms of
Use. You agree that any termination of your access to the Site may be effected
without prior notice to you.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by WARGAMER from its offices within the
State of New York, U.S.A. WARGAMER makes no representation that materials in the
Site are appropriate or available for use in other locations. Those who choose
to access this Site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. Use of or access to the Site shall not be construed as the
purposeful availment of the benefits or privilege of doing business in any state
other than the State of
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of
SEVERABILITY
If any provision of this agreement is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement, and shall not affect the validity and enforceability of any remaining
provisions.
NO WAIVER
Any delay or failure on the part of WARGAMER to enforce any rights under these
Terms of Use to which it may be entitled shall not, in any event, be construed
as a waiver of the right and privilege to do so at any subsequent time.
RESTRICTIONS ON USE OF MATERIALS
This Site is copyright protected. Any textual or graphic material you copy,
print, or download is licensed to you by WARGAMER and/or its subsidiaries for
your personal, non-commercial home use only, provided that you do not change or
delete any copyright, trademark or other proprietary notices. All trademarks and
logos are owned by WARGAMER or its licensors and you may not copy or use them in
any manner.
This site is controlled and operated by Wargamer Ltd from its offices within the
United States of America. Wargamer Ltd makes no representation that materials in the site are
appropriate or available for use in other locations. Those who choose to access
this site from other locations within the United States or Canada do so on their
own initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Software downloaded from this site is subject
to United States export controls. No software from this site may be downloaded or otherwise
exported or re-exported into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods or to anyone on the United States Treasury Department's list of
Specially Designated National or the United States Commerce Department's Table
of Deny Orders. By downloading or using the software, you represent and warrant
that you are not located in, under the control of, or a national or resident of
any such country or on any such list.
LINKS TO OTHER WEB SITES
WARGAMER makes no representation whatsoever regarding the content of any other
web sites which you may access from this site. When you access a non-WARGAMER
Site, please understand that it is independent from WARGAMER and that WARGAMER
has no control over the content on that web site. A link to a non-WARGAMER Site
does not mean that WARGAMER endorses or accepts any responsibility for the
content or use of such web site.
SUBMISSIONS
Should any viewer of a document on this Site respond to WARGAMER with
information including feedback data, such as questions, comments, suggestions,
or the like regarding the Site, or the content of any item, such information
shall be deemed to be non-confidential and WARGAMER shall have no obligation of
any kind with respect to such information. In addition, WARGAMER shall be free
to reproduce, use, disclose, display, exhibit, transmit, perform, create
derivative works, and distribute the information to others without limitation,
and to authorize others to do the same. Further, WARGAMER shall be free to use
any ideas, concepts, know-how or techniques contained in such information for
any purpose whatsoever, including, but not limited to, developing, manufacturing
and marketing products and other items incorporating such information.
In addition, when submitting ANY content to WARGAMER you automatically grant, or
warrant that the owner of such content has expressly granted, WARGAMER the
royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such content worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed unless otherwise stated.
CONTACTING Wargamer Ltd
If you have any questions about these terms of use, the practices of this site,
or your dealings with WARGAMER, you can contact: webmaster@wargamer.com
or the designated agent's mailing address, listed above.
MISCELLANEOUS
This agreement shall be governed by and construed in accordance with laws of the
United States of America without giving effect to any principles of conflicts of law. If any provision
of this agreement is held to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions. This is the
entire agreement between the parties relating to the subject matter herein, you
agree to indemnify WARGAMER for any claims or damages resulting from your
failure to abide by these terms and conditions.
MODIFICATIONS
WARGAMER reserves the right to change or modify these Terms of Use at any time.
These Terms of Use shall not be modified except in writing, as posted on this
Site by WARGAMER. Any change or modification made by WARGAMER will be effective
immediately upon posting on the Site and your continued use of the Site means
that you have agreed to accept any changes or modifications made by WARGAMER
Revised:
May 10, 2010
