Terms of Service
Last updated January 8th, 2014
STATE AND FEDERAL CIVIL AND CRIMINAL LAWS ALSO APPLY TO YOUR CONDUCT AND ACTIVITIES IN RELATION TO THIS WEBSITE. ASPYR RESERVES THE RIGHT TO REPORT ANY ACTIVITY THAT ASPYR REASONABLY BELIEVES IS IN VIOLATION OF APPLICABLE LAW TO THE RELEVANT AUTHORITIES AND TO COOPERATE IN ANY RESULTING GOVERNMENTAL ACTIONS OR INVESTIGATIONS.
By using the Website, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. For users 14 years old to 17 years old, you are also affirming that you are either an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to enter this Agreement and comply with the terms of this Agreement.
This Website is owned and operated by Aspyr Media, Inc. and our affiliates and licensors. All of the content advertised, featured, displayed or offered for sale on this Website, including but not limited to text, graphics, images, moving images, sounds, audio and audiovisual recordings, illustrations, and software (the "Content"), is owned by Aspyr and/or its content suppliers and licensors. All elements of this Website, including the general design and Content, are protected by United States and other countries' laws relating to intellectual property rights, including trade dress, trademark, copyright, moral right, and other intellectual property rights laws. Except as authorized under applicable copyright laws, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is available on the Website. The Website, its Content and all related rights shall remain the exclusive property of Aspyr or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.
All trademarks, service marks and trade names of used herein (including but not limited to the Aspyr name and the Aspyr corporate logo) (collectively "Marks") are trademarks or registered trademarks of Aspyr or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Aspyr's or the applicable Mark owner's prior written consent. Aspyr prohibits the use of the Aspyr name or logo as a "hot" link on or to any other web site unless Aspyr has approved establishment of such a link in advance. You may not use meta tags or any other "hidden text" using Aspyr's Marks without our express written consent.
LICENSE AND WEBSITE ACCESS
Aspyr grants you a limited license to access and make personal use of this Website. Except as may be otherwise stated within the Website, you are authorized to view, play, print and download Content that we expressly offer for download for your personal, informational, and noncommercial purposes only. Unless and only to the extent we have provided specific authorization in writing, you may not copy, distribute, modify, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. This license does not include any resale or commercial use of this Website or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not advertise any goods or services on the Website. You may not use any of the Website to collect or store information about other users, 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 Website, or any games or services offered on the Website for any commercial purposes.
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or bypass any measures we may use to prevent or restrict access to the Website.
Any unauthorized use of this Website by you automatically terminates this license. Any rights not expressly granted herein are reserved.
SOFTWARE AVAILABLE THROUGH THE WEBSITE
Aspyr makes available to its customers and end users product patches, additional content for games, and other software utilities and applications that are proprietary to Aspyr and its licensors. All software ("Software") that is made available to download directly through the Website is owned by and is the copyrighted work of Aspyr and its licensors and is protected by US and international copyright laws. Your use of the Software is governed by the terms of the EULA, if any, which accompanies the Software. You may not download, install or use any Software that is accompanied by a EULA unless you first agree to the EULA terms.
For any Software not accompanied by a EULA, Aspyr hereby grants to you a revocable, personal, non-transferable license to download and use the Software for your own internal, non-commercial purposes only. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. Any violation of these terms by you automatically terminates this license to the Software.
LINKING TO THIS WEBSITE
Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
USER REGISTRATION, PASSWORD, AND SECURITY
To access certain areas or features of this Website, you may be asked to provide us with certain information about yourself. We use this information to improve this Website and to create content that is more beneficial to our users. We maintain the privacy of your information as set forth in our Privacy Statement, located at http://www.aspyr.com/privacy. To be permitted to access those features or Services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. You also agree that you are entirely responsible for all activities that occur under your account, and that you will notify Aspyr immediately of any unauthorized use of your account or any other breach of security. Aspyr will not be liable for any loss that you may incur as a result of someone else using your password or account, even if they do so without your knowledge. Aspyr reserves the right to delete accounts that are inactive for an extended period of time.
RULES OF CONDUCT FOR USER COMMUNICATIONS
You are solely responsible for all Content posted by you or under your account to forums, chat rooms or bulletin boards or transmitted by you or under your account using the Services ("Communications"). You are also solely responsible for, and assume any and all risks associated with, reviewing and/or using any Communications. We do not endorse, edit, verify, or control any Communications nor guarantee the accuracy, integrity or quality of anything within them. Users may be held legally liable for any Communications that include material that infringes any patent, copyright, trademark, trade secret, or other proprietary right of any person or entity.
You understand that by using the Website, you may be exposed to Communications that you may find offensive, indecent or objectionable. If you believe such Communications violate these rules of conduct, you may report them to us at firstname.lastname@example.org. If Aspyr receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Aspyr 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, however, we expressly disclaim any representation that we will monitor or supervise Communications. Under no circumstances will Aspyr 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 Services. However, we reserve the right to take the following actions, in our sole discretion: to monitor the Services and Communications; to modify or remove any Communications or cease offering any Service at any time and for any reason without prior notice; to terminate or suspend any user account or access to this Website or any Service; and to release information, including personal information if required, to the appropriate authorities in connection with any subpoena or criminal investigation.
You agree not to submit any Communication that contains or provides links to:
- Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
- Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Any false "header" (the legend attached to email messages to show the message's point of origin, route, and destination), falsely configured email or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, emailed or otherwise transmitted through the Website. Headers of email messages may not be removed or altered to conceal email addresses;
- Any Content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
- Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes "warez" (copyrighted software that is distributed illegally), "MP3" files of copyrighted music, copyrighted photographs, text, video, or artwork;
- Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited email using an Aspyr address or containing any references to Aspyr ("spam"), "junk mail," "chain letters," "pyramid schemes," or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
- Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
- Any material that constitutes "stalking" or any other form of harassment of any member or user of the Website or any other person;
- Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
- Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (including, but not limited to, "hacking," "cracking," or "phreaking");
- Any raffle, contest, or game requiring payment of a fee or other consideration by participants;
- Any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
- Any Content that advertises or promotes any product or service;
- Content that solicits funds, advertisers or sponsors;
- Any Content that disrupts the normal functioning of the Service; or
- Any Content or activity that Aspyr, in its sole discretion, deems inappropriate for its Website.
YOUR LICENSE TO US
Unless specifically stated otherwise in the rules or guidelines applicable to the specific Service, user-submitted Communications remain the intellectual property of the individual user. By submitting or posting Communications to the Website, you automatically grant Aspyr an unrestricted, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Communications and your name, voice, and/or likeness as included in your Communication, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe, all without notice to you, and with or without attribution. You agree that any Communications you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way.
Aspyr does not knowingly accept or consider unsolicited submissions including but not limited to any creative or technical concepts, ideas, plots, scripts, drawings, games, suggestions, know-how or techniques (collectively, Submissions). At any given time Aspyr staff is working on various projects and initiatives for new products and services that might seem to others to be similar to their own creative or technical work. Our policy is to destroy or delete any unsolicited Submission without reading it, or when feasible, arrange for designated staff who do not have creative responsibilities or our attorneys to return it to you without reviewing or considering the contents except to the minimal extent necessary to ascertain that it is an unsolicited Submission. In accordance with our policy, no unsolicited Submission will be forwarded to or reviewed by any other Aspyr staff. Therefore, any similarity between an unsolicited Submission and any elements in any Aspyr creative or technical work would be purely coincidental. In addition, any unsolicited submission you may send will be treated as non-confidential, and Aspyr will not be liable for any disclosure of such submission.
If you would like to discuss a creative or technical idea, suggestion or concept with Aspyr or propose a potential business relationship, please contact us through our regular points of contact to the public with a non-confidential communication indicating your interest and withhold your Submission until we have entered into a written agreement with you setting forth each of our rights and obligations with respect to any resulting disclosures or discussions.
LINKS TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
Any dealings with third parties (including advertisers) included within the Linked 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. Aspyr shall not be responsible or liable for any part of any such dealings or promotions.
ASPYR WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROOM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES.
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ASPYR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. ASPYR MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND ASPYR DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
IN NO EVENT SHALL ASPYR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASPYR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. Aspyr reserves the right to withdraw, suspend or discontinue at any time and from time to time any Content or Services available on the Website and any functionality or features in or on the Website, including the cessation of all activities associated with the Website, with or without notice.
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time or in any territory. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website or any of our affiliated websites. By placing an order, you represent that the products ordered will be used only in a lawful manner. All products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
This Website is controlled and operated by Aspyr from its offices within the State of Texas, USA. Aspyr makes no representation that materials in the Website are appropriate or available for use in other locations. Those who choose to access this Website 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. This Website may contain references to particular Aspyr products that may not be available in particular countries, territories or locations. Any such reference does not imply that Aspyr, in any particular country, intends to market such products.
GENERAL TERMS AND CONDITIONS
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2) (the "Digital Millennium Copyright Act"), if you believe any Content, either posted by Aspyr, our users, or any other party, is infringing, please contact us at the address below.
Aspyr Media, Inc.
1250 S. Capital of Texas Hwy
Austin, Texas 78763
Infringement notices need to include the following information to assist Aspyr in locating the Content in question and properly investigating the notice:
- 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 Content;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the Content that you claim is infringing is located on the Website;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the Content is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- 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 behalf of the copyright or intellectual property owner.