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2. Registration Information
When you register with IMPRESSIONSGAMES, you will be required to provide Impressions with some or all of the following information: your name, email address, ICQ number, location and/or nickname. Impressions reserves the right to terminate your IMPRESSIONSGAMES account if IMPRESSIONSGAMES learns that you have provided IMPRESSIONSGAMES with false or misleading registration information.
Your privacy is important to Impressions and its affiliates. Impressions and its affiliates may share email lists from time to time, but Impressions and its affiliates do not sell email lists or provide the information you have given us to any third party without your permission.
Impressions or its affiliates will not provide your name, address, email address and member name to any third party, unless you provide your informed consent. Impressions may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with any applicable laws or with legal process served on Impressions; (b) protect and defend the rights or property of IMPRESSIONS or the users of IMPRESSIONSGAMES; or (c) act under exigent circumstances to protect the personal safety of users of IMPRESSIONSGAMES or the public. IMPRESSIONS may allow access to database information by third-parties providing technical services, but only to the extent necessary to provide you with those services. In those instances, the third-party shall be bound by these terms. Your informed consent shall be in the form of an "opt in/out" or similar policy. You understand and agree that IMPRESSIONS may disclose some information to third parties, but only in the form of aggregated information.
IMPRESSIONS reserves the right to offer you third party services and products based on the preferences that you may identify during any registration or survey process and based on your subsequent preferences.
All subscribers will receive an email confirming their subscription which contains information on how to cancel that subscription. If a minor subscribes without the consent of a parent or guardian, such parent or guardian may cancel the subscription by following the cancellation procedure or notifying IMPRESSIONS by email at firstname.lastname@example.org.
If you believe IMPRESSIONS has not adhered to these principles, please notify us by email to email@example.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.
6. Modifications of the IMPRESSIONSGAMES Site
IMPRESSIONS may modify or discontinue IMPRESSIONSGAMES with or without notice to you and without liability to you or any third party. IMPRESSIONS may change, suspend or discontinue any aspect of the IMPRESSIONSGAMES service at any time, including the availability of any features or content, and may impose limits on certain features and services or restrict access to parts or all of the service without notice or liability.
7. Content of Messages
You alone are responsible for the content of your messages and the consequences of any such messages. IMPRESSIONS reserves the right to terminate your access to IMPRESSIONSGAMES if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of IMPRESSIONS or any of its affiliated companies. You further agree not to use an inappropriate member name or nickname of any kind.
You agree not to post or use IMPRESSIONSGAMES to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You may not use IMPRESSIONSGAMES to distribute in any manner any virus or corrupted data.
By submitting any content, including your member name or nickname, to any "public area" of IMPRESSIONSGAMES, including message boards, forums, contests and chat rooms, you grant IMPRESSIONS and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on IMPRESSIONSGAMES retains any and all rights that may exist in such content.
IMPRESSIONS welcomes your comments, feedback and input regarding IMPRESSIONS products and those of its affiliated companies through this Site. However, IMPRESSIONS does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by IMPRESSIONS. Accordingly, IMPRESSIONS asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to IMPRESSIONS will become the property of IMPRESSIONS, with IMPRESSIONS exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest IMPRESSIONS's rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY CONTESTS OR OTHER AREAS ON IMPRESSIONSGAMES, YOU HEREBY EXPRESSLY PERMIT IMPRESSIONS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY IMPRESSIONS IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
9. Personal and Noncommercial Use Limitation
This web site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell information, software, products or services obtained from this web site.
10. Third Party Services
IMPRESSIONSGAMES may contain links to other related web sites, resources and/or sponsors of IMPRESSIONS or IMPRESSIONSGAMES. WHEN YOU ACCESS ANY OF THESE SITES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SITES. IMPRESSIONSGAMES is not responsible for the availability or content of these outside resources.
11. Disclaimer of Warranties
THIS IMPRESSIONSGAMES WEB SITE (THE "SITE") AND ALL MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND ALL USE IS AT YOUR OWN RISK. IMPRESSIONS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF IMPRESSIONS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT IMPRESSIONS DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, ANY MATERIALS IN THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF IMPRESSIONSGAMES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT IMPRESSIONS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH IMPRESSIONSGAMES. IMPRESSIONS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. NEITHER IMPRESSIONS NOR IMPRESSIONSGAMES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH IMPRESSIONSGAMES BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR OWN RISK.
IMPRESSIONS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN IMPRESSIONSGAMES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMPRESSIONS OR THROUGH IMPRESSIONSGAMES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IMPRESSIONS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH IMPRESSIONSGAMES OR ANY TRANSACTIONS ENTERED INTO THROUGH IMPRESSIONSGAMES.
IMPRESSIONS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES CONTAINED OUTSIDE IMPRESSIONSGAMES. As a convenience to our users, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against IMPRESSIONS with respect to such sites.
13. Limitation of Liability
In no event will IMPRESSIONS, its affiliated companies, and/or its suppliers be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, to you or ANY other person for any damages (including, without limitation, any direct, indirect, punitive, incidental, special or consequential damages) arising out of OR IN CONNECTION WITH ANY use of, inability to use or results of use of this site or any materials IN this site, even if IMPRESSIONS or its representative has been advised of the possibility of such damages.
IMPRESSIONS AND/OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE IMPRESSIONSGAMES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH IMPRESSIONSGAMES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF IMPRESSIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
IMPRESSIONS and its affiliated companies may, from time to time, send e-mail messages to you containing advertisements, promotions, etc., which may involve third parties. IMPRESSIONS makes no representation or warranty with respect to any messages or advertisements of third parties, or any goods or services which may be obtained from such third parties, and you agree that neither IMPRESSIONS nor such third party shall have any liability with respect thereto.
16. Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without reference to its choice of law rules. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods shall not apply. You hereby submit to the exclusive jurisdiction and venue of the federal and state courts located at King County, Washington with respect to any claim or suit arising out of or in connection with this Agreement or this Site, and agree not to commence or prosecute any such claim or suit except in the aforementioned courts. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
17. Remedies for Breach of these Terms by You
No failure or forbearance on IMPRESSIONS's part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this agreement, or, if such amendment is impossible, severed from this agreement. No amendment or severing of any provision of this agreement shall affect the validity or enforceability of any remaining provisions.
IMPRESSIONS reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and IMPRESSIONS as a result of this agreement or use of this web site. You agree not to hold yourself out as a representative, agent, or employee of IMPRESSIONS and IMPRESSIONS shall not be liable for any of your representations, acts or omissions.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the IMPRESSIONSGAMES web site(s) are: Copyright © 1999 Impressions Software, Inc. and/or its suppliers and licensors. All rights reserved.
IMPRESSIONS, IMPRESSIONSGAMES, and other names of IMPRESSIONS or Sierra products and/or services referenced herein are trademarks or registered trademarks of Sierra On-Line, Inc. Other product and company names mentioned herein are the property of their respective owners.