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1. General
1.1 This agreement governs your
use of the Game210¡¯s information service. Additional terms
and conditions of use applicable to specific areas of
the Service may also be posted in such areas and, together
with this agreement, govern your use of those areas. This
agreement, together with any such additional terms and
conditions, are referred to as this "Agreement."
1.2 Game210 reserves the right,
in its discretion, to change or modify all or any part
of this Agreement at any time, effective immediately upon
notice published on the Service. Your continued use of
the Service constitutes your binding acceptance of these
terms and conditions, including any changes or modifications
made by Game210 as permitted above. If at any time the terms
and conditions of this Agreement are no longer acceptable
to you, you should immediately cease all use of the Service.
1.3 The Service is directed to teenagers and
adults and is not directed to children under the age of
13. You must be 13 years of age or older to use the Service.
Game210 complies with the Children's Online Privacy Protection
Act and does not permit registration by and will not knowingly
collect personally identifiable information from anyone
under 13. This requirement will be posted wherever Game210
collects data within the Service, such as during the registration
process. By registering for the Service, you represent
and warrant that you are 13 years of age or older. Additionally,
you must provide true, accurate and complete registration
information to become a member of the Service ("Member").
Creating a Member account under automated means or under
false or fraudulent pretenses constitutes unauthorized
use of the Service and such accounts will be terminated
by Game210.
As part of the registration process, you will be asked
to select a username and password and you will be responsible
for all activities occurring under your username and for
keeping your password secure. We may refuse to grant you
a username that impersonates someone else, is or may be
protected by trademark or proprietary rights law, or is
vulgar, offensive, or otherwise inappropriate, as determined
by us in our sole discretion.
By using the Service, you represent and warrant that all
registration information you submit is truthful and accurate
and you agree to the accuracy of such information. The
profile that you compose upon registering for the Service
(the "Member Profile") must describe you, an
individual person. Examples of inappropriate profiles
include, but are not limited to, profiles that purport
to represent an animal, place, inanimate object, fictional
character, or real individual who is not you.
2. Use of Content
2.1 You acknowledge that the Service
contains information, software, photographs, audio and
video clips, graphics, links and other material (collectively,
the "Content") that are protected by copyright,
trademark or other proprietary rights of Game210 or third
parties. All Content on the Service is copyrighted as
a collective work of Game210 pursuant to applicable copyright
law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any
Content available on or accessed through the Service.
Users of the Service may use the Content only for their
personal, noncommercial use. Businesses, organizations
or other legal entities may not become Members and are
not permitted to use the Service for any purpose, including
but not limited to collecting usernames and /or email
addresses of Members by electronic or other means for
the purpose of sending unsolicited email and unauthorized
framing of or linking to the Service.
2.2
Except as expressly permitted in Section 2.3 of this Agreement,
you may not modify, publish, transmit, reproduce, create
derivative works from, distribute, perform, display, sell,
transfer or in any way exploit any of the Content or Material,
in whole or in part. Content consisting of downloadable
software may not be reverse engineered unless specifically
authorized by the owner of the software's patent and/or
copyright.
You may post on the Service any Content owned by you (such
as your original statements), Content for which you have
received express permission from the owner and Content
in the public domain (collectively, the "Material").
You assume all risk and responsibility for determining
whether any Material is in the public domain. You hereby
grant, transfer and assign to Game210 and its successors,
assigns and licensees (collectively, "Licensee")
a fully-paid, royalty-free, irrevocable, perpetual, worldwide
right and license to publish, distribute, reproduce, transmit,
use, translate, display, perform, modify, revise, create
derivative works of and archive the Material, in any form
or media now known or hereafter developed (including without
limitation in print, magnetic or electronic form), on
any number of occasions in any form, and to sublicense
third parties to do any of the foregoing with further
right of sublicense (the "License"), without
compensation to you. You represent and warrant that you
are authorized to grant all rights set forth in the preceding
sentence and that the exercise by Licensee of Licensee's
rights under the License, shall not violate any laws,
defame or libel any person, invade any person's right
of privacy or publicity or otherwise violate, misappropriate
or infringe the rights of any person (including without
limit copyright or moral right).
2.3
You may download, copy and make any personal, non-commercial
use of the Content and Material and not prohibited by
any section of the Copyright Act or by any other applicable
law, rule or regulation; provided, however, that you maintain
all copyright and other notices contained in such Content;
and provided further that you shall not store electronically
any significant portion of any Content.
3.
Rules of Conduct
The following is an incomplete list of illegal and prohibited
uses of the Service. Game210 may investigate any illegal
and/or unauthorized use of the Service, and appropriate
legal action may be taken, including without limitation,
civil, criminal, and injunctive redress. While utilizing
the Service, you may not:
>
Use the Service for any commercial purpose, to distribute
any advertising or solicitation of funds or goods and
services, or to solicit users to join competitive online
services;
>
Post on the Service any links to any external Internet
sites that are obscene or pornographic, or display pornographic
or sexually explicit material of any kind;
>
Use any robot, spider, site search and/or retrieval application,
or other device to retrieve or index any portion of the
Service;
>
reformat or frame any portion of any web page that is
part of the Service;
>
Post Material containing restricted or password only access
pages, or hidden pages or images (those not linked to
or from another accessible page);
>
Submit any Material that falsely implies sponsorship of
that Material by the Service and/or Game210, or promote
any information that you know is false, misleading, or
libelous;
>
Transmit any viruses, worms, defects, Trojan horses or
other items of a contaminating or destructive nature through
the Service;
>
Submit Material that violates the rights of others, such
as Content that infringes any copyright, trademark, patent,
trade secret or violates any right of privacy or publicity,
or that is libelous or defamatory, or that directs any
user, by linking or any other method, to the Material
of a third party without the third party's written consent;
>
Promote 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
manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
>
Submit Material that is libelous, defamatory, obscene,
pornographic, abusive, harassing, threatening unlawful
or promotes or encourages illegal activity.
4.
Managing Content
Game210 reserves the right to delete, move or edit any Content
or Material (including Material posted in any Interactive
Area of the Service) that it may determine, in its sole
discretion, violates this Agreement or is otherwise unacceptable.
However, Game210 does not and cannot review all of the Content
and Material posted by users on the Service and is not
responsible for such Content or Material. You shall remain
solely responsible for all Material. . Although Game210
reserves the right to remove any offending Material on
the Service, you understand and agree that you nonetheless
may be exposed to such Material and that you further waive
your right to any damages (from any party) related to
such exposure.
Additionally, Game210 shall have the right, but not the
obligation, to correct any errors or omissions in any
Content, as it may determine in its sole discretion.
5. No Endorsement
5.1 Game210 does not represent
or endorse the accuracy or reliability of any Content
or Material posted on any Interactive Area and you acknowledge
that any reliance upon such Content or Material shall
be at your sole risk. Any Content placed on any Interactive
Area by users represents the views of the user posting
the statement, and does not represent the views of Game210.
5.2 The Service may contain links
to sites on the Internet which are owned and operated
by third parties (the "External Sites"). You
acknowledge that Game210 is not responsible for the availability
of, or the content located on or through, any External
Site. You should contact the site administrator or Webmaster
for those External Sites if you have any concerns regarding
such links or the content located on such External Sites.
6. Indemnity
You agree to indemnify, defend and hold Game210 and its
affiliates, and their respective officers, directors,
owners, agents, information providers and licensors (collectively,
the "Game210 Parties") harmless from and against
any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any Game210 Party
in connection with any use or alleged use of the Service
under your password by any person, whether or not authorized
by you. Game210 reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such
case, you agree to cooperate with Game210's defense of such
claim.
7. Termination
of Service
Game210 reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of
the Service, including the Discussion Areas, at any time
for any reason without prior notice or liability. Conversely,
you may terminate your membership of the Service at any
time, for any reason, by emailing Game210 at webmaster@vigaar.com.
Once your membership terminates, you will have no right
to use the Service. The terms of this Agreement shall
survive any termination of your membership. Game210 may
change, suspend or discontinue all or any aspect of the
Service at any time, including the availability of any
feature, database, or Content (including the Discussion
Areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit
or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the
prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service
in a way that constitutes copyright or trademark infringement,
please email Game210 at webmaster@vigaar.com with the following
information: an electronic or physical signature of the
person authorized to act on behalf of the owner of the
copyright or trademark interest; a description of the
copyrighted work or trademark(s) that you claim has been
infringed; a description of where the material that you
claim is infringing is located on the Website; your address,
telephone number, and email address; a written statement
by you that you have a good faith belief that the disputed
use is not authorized by the copyright or trademark owner,
its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner
or authorized to act on the copyright or trademark owner's
behalf.
9. Disclaimer of Warranties; Limitation of Liability.
9.1 Neither Game210 nor
any provider of third party content or their respective
agents warrants that the service will be uninterrupted
or error free; nor does Game210, any third party content
provider, or their respective agents make any warranty
as to the results to be obtained from use of the service
or the content. The service and the content are distributed
on an "As is, as available" basis. None of Game210,
third party content providers and their respective agents
make any warranties of any kind, either express or implied,
including, without limitation, warranties of title or
implied warranties of merchantability or fitness for a
particular purpose, with respect to the service, any content
or any products or services sold through the service.
Neither Game210 nor any third party content provider warrants
that any files available for downloading through the service
will be free of viruses or similar contamination or destructive
features. You expressly agree that the entire risk as
to the quality and performance of the service and the
accuracy or completeness of the content is assumed solely
by you.
9.2 Neither Game210, any
third party content provider nor their respective agents
shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of the use
of or inability to use the Service, even if such party
has been advised of the possibility of such damages.
9.3 Some states do not allow exclusion
of implied warranties or limitation of liability for incidental
or consequential damages, so the above limitations or
exclusions may not apply to you. In such states, the liability
of Game210, third party content providers and their respective
agents shall be limited to the greatest extent permitted
by law.
10. Member
Disputes
You are solely responsible for your interactions with
other Members of the Service. Game210 reserves the right,
but has no obligation, to monitor disputes between you
and other Members.
11. Special Admonitions for International Use
As a consequence of the global nature of the Internet,
you agree to comply with all local rules regarding user
conduct on the Internet and acceptable content. Specifically,
you agree to comply with all applicable laws regarding
the transmission of technical data exported from the China
or the country in which you reside.
12.
Miscellaneous
This Agreement shall be construed in accordance with the
laws of the State of New York, without reference to principles
of choice of law. You and Game210 each irrevocably consent
to the personal jurisdiction of the state courts located
in Guangzhou China (the "Courts"), with respect
to any action, suit or proceeding arising out of or related
to this Agreement or to the Service (including without
limitation any Content or Material) and waive any objection,
to venue in any of the Courts for such an action, suit
or proceeding (whether based on forum non conveniens or
otherwise); additionally, you agree that you will not
bring any such action, suit or proceeding in any court
other than the Courts. This Agreement constitutes the
entire agreement between the parties with respect to the
subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to
such subject matter. If any inconsistency exists between
the terms of this agreement and any additional terms and
conditions posted on the Service, such terms shall be
interpreted as to eliminate any inconsistency, if possible,
and otherwise, the additional terms and conditions shall
control. If any provision of this Agreement is held invalid,
illegal or unenforceable in any respect, (i) such provision
shall be interpreted in such a manner as to preserve,
to the maximum extent possible, the intent of the parties,
(ii) the validity, legality and enforceability of the
remaining provisions shall not in any way be affected
or impaired thereby, and (iii) such decision shall not
affect the validity, legality or enforceability of such
provision under other circumstances |
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