|
INTRODUCTION
Welcome to the
The Big Company, LLC. ("TBC") Internet websites. TBC operates
www.GreenAppleGames.com and other websites affiliated
with TBC (each, a "TBC Web Site," and collectively, the
"TBC
Web Sites").
1. PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS TBC WEB SITE
This is an agreement ("Agreement") between
you and TBC. This Agreement governs your use of any Web site or Web page
operated by TBC.
TBC
OFFERS THE TBC WEB
SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS
AGREEMENT. YOUR USE OF THE TBC WEB SITES CONSTITUTES YOUR ACCEPTANCE OF
THIS AGREEMENT.
THIS AGREEMENT CONTAINS AN ASSUMPTION OF THE RISK
REQUIREMENT, DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, 10,
and 11); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS
FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2.
TBC MAY MODIFY THIS AGREEMENT
TBC
reserves the right to change the
terms, conditions, and notices under which it offers the TBC Web Sites,
including any charges associated with the use of the TBC Web Sites. You
are responsible for regularly reviewing these terms, conditions and notices, and
any additional terms posted on any TBC Web Site. Your continued use of the TBC Web Sites after the effective date of such changes constitutes your
acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any
TBC Web Site may itself contain
additional terms (for example, codes of conduct or guidelines) that further
govern use of that TBC Web Site, including without limitation, particular
features or offers. If any terms contained in this Agreement conflict with any
terms contained within a TBC Web Site, then the terms in this Agreement
shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL
USE OF THE TBC WEB SITES
The
TBC Web Sites are only for your
personal use, and TBC grants you the limited right to view and use the TBC Web Sites only for the purposes of viewing or playing content such as
games or films, placing product orders, or for accessing information, software
("Applications") and services. You may not use the TBC Web Sites for
commercial purposes. You may not use the TBC Web Sites in any way that is
unlawful, or harms TBC, its affiliates, and/or partners (each, a
"TBC Party" and collectively, the "TBC Parties") or any customer of
a TBC Party, as determined in TBC's sole discretion. Without
limiting the generality of this section, you may not use the TBC Web Sites
in any manner that could damage, disable, overburden, or impair any TBC Web Site (or the network(s) connected to any
TBC Web Site) or interfere
with any other party's use and enjoyment of the TBC Web Sites. Further,
unless you have received specific written permission from TBC, you may not
(1) "frame" or otherwise impose editorial comment, commercial material or any
information or content on, or in proximity to, content displayed on the TBC Web Sites or (2) alter or modify any content on the
TBC Web
Sites. Without limiting other restrictions, you agree not to reproduce,
transmit, sell, or otherwise exploit the TBC Web Sites and/or Applications
for any commercial purpose.
5. MATERIALS YOU POST OR PROVIDE;
COMMUNICATIONS MONITORING
For materials you post or otherwise
provide to TBC related to the TBC Web Sites (a "Submission"), you
grant TBC permission to (1) use, copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, modify, translate and reformat your
Submission, each in connection with the TBC Web Sites, and (2) sublicense
these rights, to the maximum extent permitted by applicable law. Unless
otherwise agreed by TBC in writing, TBC will not pay you for your
Submission. TBC may remove your Submission at any time. For each
Submission, you represent that you have all rights necessary for you to make the
grants in this section.
6. SOFTWARE
Your use of any software associated with
the TBC Web Sites will be governed by the terms and conditions of the end
user license agreement ("EULA") accompanying such software. If you receive any
software that is not accompanied by a EULA, then TBC grants to you only a
limited license to download and/or use the Application from a single computer
for personal and non-commercial purposes. Such software is protected by
copyright and other intellectual property laws and treaties. TBC or its
licensors own the title, copyright, and other intellectual property rights in
such software, and such software is licensed, not sold. You may not make copies
of or distribute the Application or electronically transfer the Application from
one computer to another or over a network, nor may you separate any content from
an associated Application. You may not decompile, reverse engineer, disassemble
or otherwise reduce the Application to human perceivable form. You may not rent,
lease or sublicense the Application. You may not create derivative works of the
Application and you may not export the Application in violation of any U.S. or
foreign law, rule or regulation. TBC reserves all rights to such software
not expressly granted to you in this Agreement.
7. DIGITAL RIGHTS MANAGEMENT
SYSTEMS
Applications you use or download from the
Sites may contain third party digital rights management systems ("DRMS") which
may allow for communication between your software and the third party and
utilize security features (e.g., preventing distribution of or access to the
applications in the event of unauthorized use). These DRMS are subject to their
own license agreements and you agree that TBC shall not be responsible for
any loss or damage of any sort relating to the use of the DRMS or your dealings
with such third parties. The Applications may also contain DRMS produced by TBC which allow for communication between the applications you use or
download and our systems and which collect information describing your computer
system in order to prevent illegal or unauthorized use of the applications. The
DRMS for subscription services and Applications licensed from the Site may
transmit the following pieces of information, along with other information, when
you either enter a purchase key or sign in with your subscription service user
name and password: Operating System, CPU Version Information (including serial
number from a serial-number-enabled Pentium III), BIOS Version Information,
NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry,
S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size
of Physical Memory.
8.
TBC MAKES NO WARRANTY
TBC
PROVIDES THE TBC WEB
SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TBC PARTIES MAKE NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE TBC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND
IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY,
TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS
ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, (3) WARRANTIES OR
CONDITIONS THAT ACCESS TO OR USE OF THE TBC WEB SITES WILL BE
UNINTERRUPTED OR ERROR-FREE, AND (4) LACK OF VIRUSES, WORMS, TROJAN HORSES, OR
OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE
REMEDY
(a) IF YOU ARE DISSATISFIED WITH THE
TBC WEB SITES OR ASSOCIATED SOFTWARE, YOU DO NOT AGREE WITH ANY PART OF
THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TBC PARTY WITH RESPECT TO THIS AGREEMENT OR THE
TBC WEB SITES, THEN
YOUR SOLE AND EXCLUSIVE REMEDY IS, AT TBC ' OPTION, (1) TO DISCONTINUE USE
OF THE TBC WEBSITES; (2) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE
APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU; OR (3) REFUND
OF THE AMOUNT THAT YOU PAID TO TBC . YOU AGREE THAT THE DAMAGE EXCLUSIONS
IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS TO ACHIEVE ITS ESSENTIAL
PURPOSE.
(b) IN NO EVENT WILL ANY
TBC PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED
ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE TBC WEB SITES,
EVEN IF SUCH TBC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF
YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS TO ACHIEVE ITS
ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
(c) THESE LIMITATIONS AND EXCLUSIONS
APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT,
(2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE
EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
10. ASSUMPTION OF
RISKS
YOU ASSUME ALL RISKS THAT THE SITE,
APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AS
WELL AS ANY RISK THAT THEY WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE
ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES
OR VISITING USER FORUMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER
OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT TBC SHALL NOT BE
RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH
ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
11. CHANGES TO THE
TBC WEB SITES;
ADDITIONAL LIABILITY LIMITATION
THE
TBC PARTIES MAY CHANGE THE TBC WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY
REASON. As you use the TBC Web Sites, you should expect to receive,
access or use information, materials, graphics, software, data and content
(collectively, "Content") originated by TBC and persons other than TBC (any such person is referred to as a "Third Party"). WITHOUT
LIMITING THE GENERALITY OF SECTIONS 8, 9, 10, AND 11, YOU ACKNOWLEDGE AND
AGREE THAT THE TBC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY
CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE,
INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR
(2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT
LIMITING THE GENERALITY OF SECTIONS 8, 9, 10, AND 11, YOU ACKNOWLEDGE AND
AGREE THAT TBC IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER
DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE TBC WEB SITES,
(2) ANY INCOMPATIBILITY BETWEEN THE TBC WEB SITES AND OTHER SERVICES,
SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN
INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN
CONNECTION WITH THE TBC WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4)
ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH
YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON
THE TBC WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN
SECTIONS 8, 9, 10, AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY
MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
TBC
may terminate this Agreement, or
terminate or suspend your access to the TBC Web Sites at any time, with or
without cause, with or without notice. Upon such termination or suspension, your
right to use the TBC Web Sites will immediately cease.
13. DISPUTE RESOLUTION, CHOICE OF LAW,
AND LOCATION FOR RESOLVING DISPUTES
CHOICE OF LAW: All Claims or
Disputes arising out of or relating to this Agreement will be adjudicated under
the laws of the State of California, without reference to conflict of laws
principles.
JURISDICTION AND VENUE: You hereby
irrevocably consent to the exclusive jurisdiction and venue of the state or
federal courts in Los Angeles, California, USA in all Disputes arising out of or
relating to the use of the TBC Web Sites.
14. YOU HAVE LIMITED TIME TO BRING YOUR
CLAIM
YOU AND
TBC AGREE THAT ANY CAUSE
OF ACTION ARISING OUT OF OR RELATED TO THE TBC WEB SITES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
15. INTERPRETING THE AGREEMENT;
ASSIGNMENT
If any part of this Agreement is
determined to be invalid or unenforceable pursuant to applicable law, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of this Agreement will continue in effect. TBC may assign this Agreement, in whole or in part, at any time with or without
notice to you. You may not assign this Agreement, or assign, transfer or
sublicense your rights, if any, in the TBC Web Sites. Except as expressly
stated herein, this Agreement constitutes the entire agreement between you and TBC
with respect to the TBC Web Sites and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and TBC with respect to the TBC Web Sites. The
section titles in the Agreement are solely used for the convenience of the
parties and have no legal or contractual significance.
16.
LINKS;
ADVERTISERS
The
TBC Websites contain links to
third party sites that are not under the control of TBC and TBC is
not responsible for any content on any linked site. If you access a third party
site from the TBC Websites, then you do so at your own risk. TBC provides links only as a convenience and the inclusion of the link does not
imply that TBC endorses or accepts any responsibility for the content on
those third party sites. Additionally, your dealings with or participation in
promotions of advertisers found on the TBC Websites, including payment and
delivery of goods, and any other terms (such as warranties) are solely between
you and such advertisers. You agree that TBC shall not be responsible for
any loss or damage of any sort relating to your dealings with such
advertisers.
|
