This Services Agreement (as it may be amended by us from time to time), ("Agreement") between you ("you", "your", "user" or "Customer") and Strategy Game Network. ("Strategy Game Network") sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services").
This Agreement explains our obligations to you, and your obligations to us in relation to the Service(s). When you or someone else you have permitted, uses, modifies or cancels the Service(s) on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.
You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as all other applicable Strategy Game Network Services Agreements, and any additional rules or policies or services agreements that are or may be established by Strategy Game Network from time to time.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS TO THE SERVICES ARE NOT EXCLUSIVE, AND ARE ONLY COMPRISED OF THOSE RIGHTS CONVEYED TO YOU IN THIS AGREEMENT, AND SUBJECT TO THE LIMITATIONS STATED HEREIN.
Strategy Game Network(tm) Services
a. Your Representations
By applying to register a Strategy Game Network account, or by asking us to maintain or renew a Strategy Game Network registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the account will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the account for an unlawful purpose; and (d) you will not use the account in violation of any applicable laws or regulations or Strategy Game Network rules or policies.
b. Account Registrant
Strategy Game Network considers the entities named as the user contact for the account to be your agents with full authority to act on your behalf with respect to the account or any other services obtained from Strategy Game Network, including (but not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services.
Fees, Service Term, Renewals.
a.Fees, Service Term, Renewals.
As consideration for the Service(s), you agree to pay Strategy Game Network the applicable Service(s) fees set forth on our Web site or by our customer service representatives at the time you request the Service from Strategy Game Network. All fees are due immediately and are non-refundable, except as otherwise expressly noted. We reserve the right NOT to accept payment by check or cash.
Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal.
All our memberships automatically renew at the initial rate set by the player, unless said rate is a promotional or coupon rate. Any player can easily and conventiently cancel at any time by going into your 'Billing Preferences', which is located off the 'Premium Membership' link. We offer this as a courtesy feature, as we understand that the abrupt loss of game features may cause unnecessary distress. The date of re-subscription will be readily available to every user through the 'billing preferences' section. Changes to the subscription plan can also be made from the 'billing preferences' section. The user understands that memberships are not transferable, and that there are no refunds for unused time.
You agree to pay all value added, sales and other taxes (other than taxes based on Strategy Game Network's income) related to the Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by Strategy Game Network shall be made in U.S. dollars. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 2% per month or the maximum amount allowed by law, whichever is less.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Strategy Game Network's sole discretion. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then-current reinstatement fee, currently fifty (50) dollars.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED OR CANCELLED PRIOR TO THE END OF THE SERVICE TERM. Strategy Game Network reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
You are solely responsible for the credit card and billing contact information you, your agents or assignees provide to Strategy Game Network and you acknowledge and agree that you will promptly inform Strategy Game Network of any changes thereto (e.g., change of address or phone number).
You are solely responsible for ensuring the Services are renewed. Strategy Game Network SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
User Name and Password; Account Manager
The first time you apply to use Strategy Game Network services, you will be asked to select a User name and password. That User name and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the User name and password from any unauthorized use, including by your agents and Assignees. IN NO EVENT WILL Strategy Game Network BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME OR PASSWORD.
User Generated Content
All user generated content, including, but not limited to maps, game boards, game suggestions, profile information, and graphics become the property of Strategy Game Network at the moment they are available to Strategy Game Network.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Service(s), and for any other actions taken in connection with your account, including those of your agents, assignees and other users to whom you give access. You agree to notify Strategy Game Network immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that Strategy Game Network cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, or for any acts or omissions, of you or any of your agents, or assignees, including any damages of any kind incurred as a result of such acts or omissions.
Changes to this Agreement or to Additional Rules or Policies
You agree that Strategy Game Network may modify this Agreement, as well as any additional rules or policies that are or may be published by Strategy Game Network, as necessary to comply with any other agreements that Strategy Game Network is currently bound by or will be bound by in the future, or for any other reason in Strategy Game Network' sole discretion.
Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e-mail address or postal address (by United States mail) provided by you as the contact of your account, or such other email address as you may provide in connection with any Service purchased from Strategy Game Network; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through Strategy Game Network shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Strategy Game Network, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Strategy Game Network from time to time.
Except as set forth in this Agreement, no employee, contractor, agent or representative of Strategy Game Network or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of Strategy Game Network.
Information and Its Use
You hereby acknowledge and agree that, in connection with your use of certain of Strategy Game Network' services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.
a.Additional Information Maintained
In addition to the information you provide, we maintain records relating to any account application received by Strategy Game Network, as well as any account registered through, administered, or renewed by a third party. We also maintain records relating to other Services that we provide to you. These records may include, but are not limited to:
i.The original creation date of an account registration, renewal, or request for Services;
ii.Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
iii.Records of your account, including dates and amounts of all payments and refunds;
iv.The IP addresses of the computers used to access your account;
v.The name, postal address, email address, voice telephone number, and where available, fax number of the contact for an account; and
vi.Information regarding all other activity between you and us regarding your use of the services.
In the event that in applying for Service(s) you are providing information about a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of your account or Service(s), in our sole discretion. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by Strategy Game Network concerning the accuracy of contact details associated with your account shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of your account.
Without limiting your obligations under this Agreement, you agree that Strategy Game Network (itself or through its third party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account (including, without limitation, registrant address, billing contact address, and credit card information), and you agree that Strategy Game Network may use such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices).
c.Disclosure and Use of Information
You further acknowledge and agree that Strategy Game Network may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that Strategy Game Network may make some or all of the information you provide available to the public or third parties is by way of reports provided to third party software vendors who support the Service(s).
You hereby consent to any and all such disclosures and use of, guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of an account or use of any Services (including any updates to such information), whether during or after the term of your registration or use of other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by Strategy Game Network.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
Strategy Game Network will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. Strategy Game Network will have no liability to you or any third party to the extent such reasonable precautions are taken.
You acknowledge and agree that communications with Strategy Game Network are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Strategy Game Network.
Ownership of Data
You acknowledge and agree that Strategy Game Network owns all database, compilation, collective and similar rights, title and interest worldwide in our domain names and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Strategy Game Network a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of an account or other Service (b) the name, postal address, email address, voice telephone number, and where available fax number of the contact person for a Service, (c) any other information we generate or obtain in connection with the provision of the Services. Strategy Game Network does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name and Strategy Game Network databases.
Transfers; Agents and Licenses
You agree that you may not transfer an account or Services purchased to another party.
You agree that, if you are using the Services for someone else, you represent and warrant that you have: (a) provided notice to that third party of your intent to purchase the Service(s); (b) obtained that third party's express consent to purchase the Service(s) on its behalf; and (c) the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of the Services.
You agree that if you license the use of the Service registered in your name to a third party, you nonetheless remain the Service holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate billing and contact information adequate to facilitate timely resolution of any problems that arise in connection with the account or Service.
System Performance Degradation
Strategy Game Network depends upon its own and third party computer systems to provide the Services, and to provide timely information to Strategy Game Network' customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, and/or electronic mail messages that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, Strategy Game Network reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or traveling to the identified sources of the high volume traffic. Strategy Game Network will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Strategy Game Network further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
Finally, you acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in Strategy Game Network' absolute discretion.
Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT Strategy Game Network WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S), (b) USE OF OR INABILITY TO USE THE SERVICE(S), (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND Strategy Game Network' AND SUBCONTRACTOR'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR ACCOUNT APPLICATION OR OTHER SERVICE APPLICATION, (h) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR Strategy Game Network POLICY, (i) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (j) TRANSACTIONS CONDUCTED ON AN ACCOUNT, INCLUDING FRAUDULENT TRANSACTIONS; (k) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S); (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR (n) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE(S). Strategy Game Network ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Strategy Game Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Strategy Game Network' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS (500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Strategy Game Network, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. Strategy Game Network MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. Strategy Game Network FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY Strategy Game Network, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Suspension, Cancellation, Transfer or Modification of Service(s)
You acknowledge and agree that Strategy Game Network may suspend, cancel or modify your use of the Services at any time, for any reason, in Strategy Game Network' sole discretion and without notice to you. You also acknowledge and agree that Strategy Game Network shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, Strategy Game Network may, in its sole discretion, suspend, cancel, transfer or modify an account (a) to correct mistakes made by Strategy Game Network, a software vendor, or reseller, (b) to resolve a dispute related to an account (c) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Strategy Game Network.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this Agreement or any matter relating to your use of an Strategy Game Network site shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County.
Subject to the terms this Agreement, you agree that, unless other instructions are posted on Strategy Game Network' Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by e-mail or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that e-mail and fax notices shall be effective upon transmission.
FOR PURPOSES OF GIVING NOTICE UNDER THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT CONTACT INFORMATION MAY ONLY BE UPDATED BY FOLLOWING THE INSTRUCTIONS POSTED ON Strategy Game Network WEB SITE. Strategy Game Network SHALL HAVE NO OBLIGATION TO ATTEMPT TO CONTACT YOU AT ANY OTHER CONTACT INFORMATION THAT YOU MAY PROVIDE TO Strategy Game Network CUSTOMER SERVICE OR OTHERWISE.
By providing such contact information to Strategy Game Network, you agree that Strategy Game Network may use the information you have provided to contact you via e-mail, postal mail, telephone or fax in any format or manner. Strategy Game Network may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, e-mail, certified mail or express mail). In no event shall Strategy Game Network be liable to you for choosing to send notice to one address, or by one means of delivery, and not others.
Conflicts with other Agreements.
In the event of any conflict between this Agreement and the terms and conditions governing your use of any service(s) provided by Strategy Game Network' third party service providers or any software vendor, the terms and conditions of this Agreement shall govern as it relates to any rights and remedies as between you and Strategy Game Network.
Entire Agreement; Section Headings
This Agreement as well as any additional Strategy Game Network rules and policies, together with all modifications thereto, constitute the entire agreement between you and Strategy Game Network concerning your use of the Services, and supercede and govern all prior proposals, agreements or other communications between you and Strategy Game Network (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other Strategy Game Network Services, third-party content or third-party software. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of nature, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Strategy Game Network may immediately terminate this Agreement and shall have no liability therefore.
You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in Woodinville, Washington, the location of our principal place of business.
Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without Strategy Game Network' prior express written consent.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by Strategy Game Network to any non-party to this Agreement.
The failure of Strategy Game Network to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Strategy Game Network of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Strategy Game Network will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Strategy Game Network as reflected in the original provision.