PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
ACCEPTANCE OF CONTRACT TERMS
The TGC web group is comprised of various web sites, web pages and Software (as defined herein) owned and/or controlled and operated by TGC(collectively, the “Sites”).
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Sites. By accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES.
IF YOU BREAK OR VIOLATE ANY OF THESE TERMS AND CONDITIONS OR OTHERWISE VIOLATE ANY CODES OF CONDUCT, YOUR ACCOUNT, AND YOUR RIGHT TO USE THE SITES MAY BE TERMINATED OR SUSPENDED IMMEDIATELY BY TGC IN ITS SOLE DISCRETION AND WITHOUT NOTICE. IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS PAID BY YOU TO USE THE SITES AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME. YOU REPRESENT AND WARRANT THAT YOU ARE EITHER 18 YEARS OLD OR OLDER, OR HAVE OBTAINED EXPRESS CONSENT BY YOUR PARENT OR GUARDIAN.
The Sites may each contain additional terms, codes of conduct or guidelines that govern use of each particular Site, including without limitation, particular features (i.e., chat rooms and/or bulletin boards) and/or special offers (i.e., sweepstakes and contests).
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Site, or any product or service offered through the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TGC immediately of any unauthorized use of your account or any other breach of security. TGC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TGC or another party due to someone else using your account or password.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may not advertise any goods or services on the Sites. Chain letters and pyramid schemes are not allowed. You may not use any of the Sites to collect information about TGC Members, including, but not limited to, login names and passwords, and the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Sites, or any games or services offered on the Sites for any commercial purposes. Any violation of these provisions can subject your Member account to immediate termination (or result in revocation of Guest status) and further legal action, at TGC’s discretion.
The communication features provided by TGC, including, but not limited to forums, chat rooms and bulletin boards, are free services provided to Members. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Sites, you agree to be bound by the following terms and conditions.
- All Communications are the sole responsibility of those persons posting or transmitting the Communication. TGC has no obligation to monitor or supervise Communications, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion.
- TGC does not control the content of any Communications and does not guarantee the accuracy, integrity or quality of anything within them.
- The Member or user acknowledges that by using the communication features provided on the Site, you may be exposed to Communications and other content that is offensive, indecent or objectionable.
- Under no circumstances will TGC be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication features provided on the Site.
- If TGC receives notification of a Member or user regarding Communications which allegedly do not conform to this Agreement, TGC may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication.
- TGC reserves the right to expel Members and users and prevent their further access to the Sites for violating this Agreement or violating the law. TGC also reserves the right to remove Communications which are abusive, illegal, disrespectful, or disruptive.
- TGC reserves the right to release information to the appropriate authorities, as a result of a violation of our standards, or any other unlawful act, if the information is subpoenaed, and/or if TGC deems it necessary and/or appropriate.
- TGC retains the right to terminate the membership of any Member or Guest who violates the following Rules of Conduct.
RULES OF CONDUCT
- Post, transmit, promote, or distribute Communications or content that is illegal.
- Harass, threaten, embarrass, or stalk or cause distress, unwanted attention or discomfort to another Member or Guest.
- Post content or send Communications of any form impugning someone’s race, sexual orientation, religion, national origin, political beliefs, or ethnic heritage.
- Transmit or facilitate distribution of content or Communications that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
- Post or communicate “Hate speech.”
- Organize or form or attempt to organize or form any groups online and/or among other Members or Guests based on slanderous or hate philosophies.
- Modify any part of the Sites and/or Software without the prior written consent of TGC.
- Disrupt the flow of chat in chat rooms or within Software that include chat functionality with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text].
- Impersonate another person (including celebrities), impersonate a TGC employee or a representative of TGC, attempt to mislead users by indicating that you represent TGC or any of TGC’s partners or affiliates.
- Attempt to interfere with, hack into or decipher any transmissions to or from TGC servers or otherwise acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites.
- Give false information or intentionally hide any information that is required by the Sites or the Software.
- Share your account password with anyone and/or sell or otherwise transfer your account to anyone.
- Do not follow the instructions of authorized personnel on the Sites.
- Upload or distribute any software or content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post Communications for any purpose other than personal communication, or transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Sites.
- Improperly use the in game support or complaint buttons or make false reports to TGC staff members.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other Member or user from using and enjoying the communication features on the Sites.
- Sell or distribute, outside of the game, any element of the games including without limitation game’s characters, names, weapons, objects, skills, virtual currency and other features.
Character names you may create in the Software and on the Sites are subject to the same rules and guidelines as other forms of in-game or Sites Communication in addition to any specific character naming policies specifically applicable to the games. In the event a character name does not conform to these guidelines, TGC shall have the right to suspend and/or terminate your account, or at TGC’s sole discretion change the character names that do not conform to the guidelines. If TGC terminates the account or changes a name for a violation of the naming policy no refunds or reimbursements will be given. In addition to the aforementioned general rules, these following rules apply to any in game name that is user defined.
By submitting or posting Communications to a Site, including, but not limited to, a character name, you automatically grant TGC the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Communications (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called “moral rights” in the Content have been waived. You hereby waive all rights to any claim against TGC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Illegal behavior involving the use of any of the Sites shall be grounds for the termination of a Member’s account. TGC shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. TGC shall not be responsible or liable for any part of any such dealings or promotions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES
All content and software (“Software”) (if any) that is made available to view, play and/or download in connection with the Sites, excluding content and/or software that may be made available by Members or users through a communication feature, is owned by and is the copyrighted work of TGC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user 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 License Agreement terms. You acknowledge and agree that you do not acquire any rights of ownership regarding the Sites, and/or any element of the Software including without limitation the universe, characters, plot and names which may be created by you while playing the Software.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. TGC AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
TGC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TGC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT TGC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS COMMUNICATIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF THE SITES. YOU SPECIFICALLY AGREE THAT TGC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TGC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SITE BY ANY THIRD PARTY.
TGC DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ON THE SITES OR PLAYING THE SOFTWARE. IN THE EVENT THAT TGC CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL TGC, THEIR PARENT, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND/OR EMOTIONAL DISTRESS AND/OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE OR YOUR TIME SPENT PLAYING THE SOFTWARE. EXCEPT AS PROBITTED BY LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID BY YOU TO USE THE SITE, OR (ii) $100.
You acknowledge that thatgamecompany.com reserves the right to log off accounts that are inactive for an extended period of time.
THATGAMECOMPANY.COM MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: firstname.lastname@example.org
The Sites, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Sites and each area contained therein are copyrighted as a collective work under the United States copyright laws. TGC owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Sites (including, without limitation, content that TGC enables you to download) without the express written permission of TGC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the TGC and/or third-party content providers remain the owners of all materials posted on the Sites, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
TGC is pleased to hear from their customers and welcomes their comments regarding TGC’s services and the Sites. Unfortunately, however, company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by TGC’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of TGC. None of the Submissions shall be subject to any obligation of confidence on the part of TGC, and TGC shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, TGC shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.
ONLINE GAMING ZONE
GENERAL TERMS AND CONDITIONS
COPYRIGHT AND TRADEMARK NOTICES
All content of the Sites are: Copyright © 2006 thatgamecompany, LLC and/or its suppliers, Address 1332 N Sycamore Ave, #5 Los Angeles, CA 90028 U.S.A. All rights reserved.
TRADEMARKS. thatgamecompany and/or other products referenced herein are either trademarks or registered trademarks of TGC in the U.S. and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to TGC at the address provided below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.