Last Updated: September 1, 2010
Table of Contents:
2. Additional Guidelines.
3. Modification of these Terms.
4. Limited Right to Embed Games Player in Personal Site.
5. Prohibited Conduct.
7. Third-Party Sites, Products and Services; Links.
8. Termination; Terms of Service Violations.
9. Ownership; Proprietary Rights.
11. Disclaimers; No Warranties.
12. Limitation of Liability and Damages.
13. Miscellaneous (Including Dispute Resolution and Arbitration).
BY USING THE AUTUMN GAMES Site YOU AGREE not TO:
5.1 use the Autumn Games Site for any purposes other than to access the Autumn Games Site or such services provided therein (if any) as are offered by Autumn Games;
5.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
5.3 post any Autumn Games content on a third party site or service that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
5.4 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Autumn Games Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Autumn Games Site, or perform any other similar fraudulent activity;
5.5 delete the copyright or other proprietary rights on the Autumn Games Site;
5.6 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Autumn Games Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
5.7 use the Autumn Games Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
5.8 defame, harass, abuse, threaten or defraud Users of the Autumn Games Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Autumn Games Site for any commercial use, it being understood that the Autumn Games Site is for personal, non-commercial use only;
5.9 use the Autumn Games Site if You are under the age of 18 years old;
5.10 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Autumn Games Site, features that prevent or restrict use or copying of any content accessible through the Autumn Games Site, or features that enforce limitations on the use of the Autumn Games Site;
5.11 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Autumn Games Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
5.12 modify, adapt, translate or create derivative works based upon the Autumn Games Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
5.13 intentionally interfere with or damage operation of the Autumn Games Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8.1 AUTUMN GAMES. You agree that Autumn Games, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Autumn Games or your use of the Autumn Games Site and remove and discard all or any part of your account at any time. Autumn Games may also in its sole discretion and at any time discontinue providing access to the Autumn Games Site, or any part thereof, with or without notice. You agree that any termination of your access to the Autumn Games Site or any account You may have or portion thereof may be effected without prior notice, and You agree that Autumn Games will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Autumn Games may have at law or in equity.
11.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AUTUMN GAMES, and its affiliates, partners, lICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. no advice or information, whether oral or written, obtained by You from AUTUMN GAMES or through the AUTUMN GAMES Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 11 the term AUTUMN GAMES includes AUTUMN GAMES’ officers, directors, employees, shareholders, agents, licensors and subcontractors.
11.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the AUTUMN GAMES Site is at your sole risk. THE AUTUMN GAMES Site AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Postings, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AUTUMN GAMES Site ARE PROVIDED on an “AS IS” AND “AS AVAILABLE”, “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
11.3 Content. AUTUMN GAMES, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, FUNCTIONS, or any other information OFFERED ON or through THE AUTUMN GAMES SITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
11.4 Accuracy. AUTUMN GAMES, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AUTUMN GAMES SITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
11.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE AUTUMN GAMES SITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR proprerty (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
12.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AUTUMN GAMES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE AUTUMN GAMES SITE or any reference sites, OR ANY OTHER INTERACTIONS WITH AUTUMN GAMES, EVEN IF AUTUMN GAMES OR AN AUTUMN GAMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AUTUMN GAMES’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.2 Limitation of Damages. IN NO EVENT WILL AUTUMN GAMES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE AUTUMN GAMES SITE OR your interaction with OTHER AUTUMN GAMES SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE AUTUMN GAMES SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
12.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN AUTUMN GAMES AND RECEIVED THROUGH OR ADVERTISED ON THE AUTUMN GAMES SITE OR RECEIVED THROUGH ANY reference sites.
12.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT AUTUMN GAMES HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AUTUMN GAMES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AUTUMN GAMES. AUTUMN GAMES would not be able to provide the AUTUMN GAMES Site to You on an economically reasonable basis without these limitations.
12.5 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
13.2 Waiver. The failure of Autumn Games to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Autumn Games.
13.3 Dispute Resolution and Arbitration.
(a) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Autumn Games will be filed only in the state or federal courts in and for New York County, New York, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 13.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
13.4 Improperly Filed Claims. All claims you bring against Autumn Games must be resolved in accordance with this Section 13.3. All claims filed or brought contrary to this Section 13.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 13.3, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim. Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
13.5 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Autumn Games without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
13.6 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 8 through 13.
13.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
13.9 Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AUTUMN GAMES SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Autumn Games Contact Information:
Mail: 54 Thompson Street, 4th Floor, New York, New York 10012