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1. a. PCHGames.com is an online games site, powered by Arkadium, Inc. ("Arkadium"). PCHGames.com is an Internet entertainment content provider devoted to providing opportunities for playing online games. The terms "Site" referred to in these Terms and Conditions of Use shall refer to the website powered by Arkadium, Inc. and any and all proprietary software and other materials developed by PCHGames.com which must be downloaded and used by the player to play online games.
b. Binding Agreement. PCHGames.com has created this Site for your personal use, enjoyment, and entertainment. You agree that you have reviewed, have accepted and have agreed to be bound by these Terms and Conditions of Use before interacting with or providing information to the Site. These Terms and Conditions of Use contain the entire agreement between you and PCHGames.com relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms and Conditions of Use are a binding legal document that defines your rights and obligations related to your use of this Site. You are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all these Terms and Conditions of Use and all applicable laws related to your use of the Site.. PCHGames.com reserves the right to modify or amend this Agreement, and all rules, regulations, and payoffs without notice at any time with or without notice. It is at all times your responsibility to read the most current form of these Terms and Conditions of Use before using the Site to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.
c. Secured Access and User ID. You may only use the Site if you meet the eligibility requirements for registration and use, personally register as a player on the Site, personally acquire and use a userID and password. You are solely responsible for maintaining the strict confidentiality of the userIDs, passwords and codes (collectively, "IDs") we assign to you and for any charges, damages, or losses that may be incurred or suffered as a result of your failure to do so. We are not liable for any harm related to the theft of your IDs, your disclosure of your Ids to any other person or entity, or your authorization to allow another person or entity to access and use the Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs or of any other need to deactivate an ID due to security concerns. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that PCHGames.com considers to be offensive.
2. a. PROPRIETARY RIGHTS. a. By registering for an account and/or participating in any activity offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site or other copyright holder. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Neither these PCHGames.com materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. PCHGames.com will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT ON THE SITE CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES.
b. Infringement Damages. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission. You hereby grant to PCHGames.com and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted on PCHGames.com and/or any e-mail sent by you to PCHGames.com (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
c. Monitoring. PCHGames.com shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms and Conditions of Use and any other operating rules that may be established by PCHGames.com from time to time. PCHGames.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, PCHGames.com shall have the right, but not the obligation, to remove any material that PCHGames.com, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of PCHGames.com, users shall remain solely responsible for the content of their messages and other submitted information. You acknowledge and agree that neither PCHGames.com nor any of its officers, directors, affiliates, third party content providers or licensors shall assume or have any liability for any action or inaction by PCHGames.com with respect to any conduct within the Site or any communication or posting on the Site.
d. Third Party Benefit. The foregoing provisions of this Section are for the benefit of PCHGames.com, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
3. RECOMMENDED SYSTEM CONFIGURATION. The games offered on the Site will function best if your computer system meets requirements set forth in the technical Support section of the FAQ.
4. ADVERTISEMENTS AND LINKS. The Site may contain announcements placed by or on behalf of third parties and may contain links to other web sites, resources and advertisers. . These third party web sites are not under PCHGames.com's control and PCHGames.com is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external site. Under no circumstances shall PCHGames.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster. UNLESS EXPRESSLY STATED BY PCHGAMES.COM, PCHGAMES.COM DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEB SITE OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU.
5. TERMINATION. Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. PCHGames.com may terminate this Agreement and your right to access and use the Site at any time, with or without cause. You may terminate this Agreement by providing PCHGames.com with written notice of your termination and ceasing to use or access the Site. We reserve the right to discontinue or make changes to the Site at any time.
6. CHAT ROOMS. The term "CHAT ROOMS" means the bulletin boards, chat rooms and other participatory areas on any area of the Site.
a. General. PCHGames.com shall have the right at any time to change or discontinue any aspect or feature of the Site including, but not limited to, the Chat Rooms, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Site a revised version of this Agreement or notification by electronic mail. Any use by you of the Site after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
b. Use of the PCHGames.com Site. The Site shall be used for lawful purposes only. No material shall be posted on or transmitted through the Site which violates or infringes in any way upon the rights of others, which is unlawful, threatening, intolerant, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, lewd, pornographic, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law or rule established by PCHGames.com or which uses **asterisks** or any other attempt to disguise such words or attacks (flaming). Each Player or user must use his/her own screen names and may not impersonate any other player or person or use or attempt to use their name, screen name or photo.
No conduct shall be undertaken that, in PCHGames.com's judgment, restricts or inhibits any other user from using or enjoying the Site. Advertising or commercial solicitation may be posted on or transmitted through the Site but only with PCHGames.com's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by PCHGames.com.
The Site is intended for use relating to the PCHGames.com games and PCHGames.com. Please do not share any of your personal information (your name, phone number, home address, password) with others on the Site. No Player may attack (flame) any individual, company or product.
All information disclosed or submitted to PCHGames.com or others in PCHGames.com Chat Rooms or in other chat or other areas of PCHGames.com becomes the property or PCHGames.com and is considered to be donated to the public. PCHGames.com is not responsible for any information any player chooses to disclose to others. You may not use any different or advanced formats, fonts, languages or other programming codes or commands in any submission to PCHGames.com or in any chat messages. PCHGames.com reserves the right to terminate the accounts of users who violate these standards, or who in any way abuse the community purpose of the chat areas.
b. Report Abusive Activity. If you find someone violating these rules of usage, please let PCHGames.com know by going to the help area. If someone is bothering you, PCHGames.com can block or delete these other activities - but only if you report this behavior! Again, PCHGames.com requests that you do not give out any of your personal information, phone numbers or login ID to others.
7. SPAM EMAIL AND POSTINGS. a. Spam. "Spam" is defined on this Site as Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient; Messages posted on the Site that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; and Solicitations posted to Chat Rooms, or to groups or individuals through any means or techniques.
b. Irreparable Harm. You agree that PCHGames.com would be irreparably harmed by the use, by you or others, of the Site in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms and Conditions of Use, and that PCHGames.com is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). PCHGames.com reserves the right to block, filter or delete unsolicited email. Users who are reported and whose claims of "Spam" are validated by PCHGames.com will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of PCHGames.com without previous notice. Termination results in the immediate closure of the referral account, the loss of all referrals, a prohibition against any future membership, and the user will lose the right to compete in any.
c. Report Abusive Activity. If you find someone violating these rules of usage, please let PCHGames.com know by going to the help area. If someone is bothering you, PCHGames.com can block or delete these other activities - but only if you report this behavior! Again, PCHGames.com requests that you do not give out any of your personal information, phone numbers or login ID to others.
8. PRIVACY POLICY. By registering for an account with PCHGames.com, you agree that the Site may display in its games your screen name, game records, rankings and personal profile (as created by the user) in accordance with the terms of the PCHGames.com privacy policy. You agree that your acceptance of any prize from the Site shall, unless prohibited by law, also constitute a grant to PCHGames.com of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation and without additional consent In particular, PCHGames.com reserves the right to publish your name in the event that you are a winner of a prize or award.
Other than as set forth above, the Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions of Use or other rules of the Site. However, PCHGames.com reserves the right to collect general demographic and other market information about you and your account, provided that all such information does not specifically identify you to any person without your additional consent. For full details regarding our policies on personal information please visit our Privacy Policy.
9. GENERAL DISCLAIMERS. THE SITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
10. EXCLUSIONS OF DAMAGES. UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE SITE OR PCHGAMES.COM BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE SITE OR PCHGAMES.COM OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER THE SITE OR PCHGAMES.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
11. LIMITATION OF LIABILITY. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, THE SITE OR PCHGAMES.COM SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSOR OF THE AMOUNT THAT YOU DEPOSITED WITH US FOR THE MONTH PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR THE AMOUNT REMAINING IN YOUR ACCOUNT ON THE DAY OF SUCH ACT OR OMISSION. YOU AND THE SITE AND PCHGAMES.COM AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.
12. INDEMNITY. You agree to defend, indemnify, and hold PCHGames.com, Inc., its employees, officers, directors, licensees, affiliates, subsidiaries, advertising, promotion or other agencies, and agents completely harmless and fully indemnify them from any and all losses, expenses, costs, liabilities and all damages whatsoever (including any reasonable attorneys' fees, expert fees and other reasonable costs of litigation) that may arise as a result of Player's: (a) breach or alleged breach of the terms of this Agreement, (b) unauthorized or unlawful use of the Site, (c) unauthorized or unlawful use of the Site by any other person using your Ids, (d) use of any materials at the Site, (iii) entry or participation in any of the Game(s), or, (iv) the acceptance of any winnings or Prizes distributed by the Site or in connection with any activities connected with the Site.
13. NO WAIVER. The failure of PCHGames.com to exercise or enforce any right or provision of the Terms and Conditions of Use does not constitute a waiver of such right or provision. The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
14. SEVERANCE. If any provision of these Terms and Conditions of Use is held to be invalid, such invalidity will not affect the remaining provisions.
GOVERNING LAW. PCHGames.com's corporate headquarters are in New York, New York, in the United States of America. These Terms and Conditions of Use will be governed and construed in accordance with the substantive laws of the State of New York, without respect to any principles of conflicts of laws. You expressly agree that exclusive jurisdiction for any dispute with PCHGames.com, or in any way relating to your access or use of the Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving us or agents, employees, contractors, officers, directors, telecommunication providers and content providers. PCHGames.com makes no claims that the Site is appropriate for access or use outside the U.S. Your access and/or use of our Site outside the U.S. is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
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