|AOG Terms and Conditions|
AGE OF GAMES TERMS AND CONDITION
LAST UPDATED: march 11, 2010
PLEASE READ THE FOLLOWING TERMS and the SUPPLEMENTAL TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM PMStudios YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
Third Party Sites.
What is personal information and when does PMS collect it?
Personal information is information that identifies you and may be used to contact you on-line or off-line. PMS collects personal information from our online visitors during (1) contests (registration or claiming a prize), (2) warranty registration and/or during customer support or technical service requests, (3) player match up or other online services, (4) registration for games or special game-specific event participation, (5) newsletter subscriptions, referral services, and other marketing surveys and email campaigns, (6) registration for membership on our sites, (7) when you order products or subscriptions from us online, or (8) when you request services from third party service providers on our site or (9) through use of our software or online services.
Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. In addition, we may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet IP address and connection, information about online activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles, for instance. We may combine demographic information with personal information, such as email address, to tailor our offerings or web pages to your preferences or interests. We do not require personal information to obtain access to any of our sites; however, you will not be able to access areas that require registration.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the â€œChoice and Opt-out" section below.
If you choose to use our referral service to "tell a friend" about a PMS product or site, we will ask you for your friendâ€™s name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. PMS stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose. Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives.
PMS's Online Stores
Visitors purchasing goods and services through one of our online stores may need to provide a valid credit card number and expiration date, in addition to name, mailing address(es), phone number and e-mail address. Some of PMSâ€™s online stores may employ third-party contractors whose opt-out instructions for promotional or marketing communications may vary from our own.
Online Chat Rooms and Profiles
You may choose to disclose information, including personal information, about yourself in our online chat rooms, message boards, user â€œprofilesâ€ for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit there can be READ, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Statistical and Usage Data
When you play our games on your PC or console, we may retrieve information about your hardware system and how your game is used, including your Internet Protocol Address. We use this information to enable you to play your game over the Internet. We also use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge or consent.
Our games may incorporate dynamic advertisement serving technology offered by several AD companies (â€œAd Providersâ€), which enables advertising to be temporarily uploaded into the game on your PC or console, and replaced while you play online. Ad Providers only log information that is needed to measure presentation of, and serve advertising to the appropriate geographic region, and to the right location within the game. Logged data may include Internet Protocol Address or playerâ€™s user name, in game location, length of time an advertisement was visible, size of the advertisements, and angle of view. Your game may be assigned an id number, which is stored on your PC or console, and used by Ad Providers to calculate the number of unique and repeat views of dynamic in game advertising. The id number is not associated with any personal data. No logged information is used to personally identify you. The servers used by the Ad Providers may be located outside your country of residence. If you reside in a Member State of the European Union, the servers may be located outside of the European Union. This ad serving technology is integrated into the game; if you do not want to use this technology, do not play the game while connected to the Internet.
Your participation in tournaments or other online game events, is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation.
A Special Note about Children
PMS does not knowingly collect data from anyone under the age of 13.
What about cookies and other technologies?
Other technologies used include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
PMS also maintains log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our Web sites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.
What happens to the information provided?
PMStudios does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of PMStudiosâ€™ customer information may be transferred to its successor or assign.
If you register to become a member of ageofgames.net, your user name is reserved for you.
The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; uPMSrade opportunities; and contests and events of interest. You may opt in to allow PMS to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. For example, we may share your personal information with a sport licensor or sponsor of our service on our site. You would be asked at that time if you wish to participate. We see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. You may also later opt out of this service from PMS. See the "choice and opt-out" section below. We may send PMS emails that may contain information regarding third-party products or services; however, this doesnâ€™t mean that weâ€™ve traded your personal information to any party.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member. This information may be transmitted to an ad server owned by the advertising company to match members with ads that they are more likely to be interested in. However, we do not disclose any member's personal information to our advertisers without the member's consent. Participation in member surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies.
From time to time, PMStudios may employ third-party contractors to collect personal information on our behalf to provide email delivery; product, prize or promotional fulfillment; contest administration; credit card processing; shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors.
We may use third party contractors, such as credit agencies or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our profiles of individual customers, we tie this information to the personally identifiable information they have provided to us.
When our third-party contractors collect and/or have access to the personal information you provide to PMStudios, PMStudios requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by PMStudios. These third parties are prohibited from using your personally identifiable information for any other purpose without your specific consent.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. If you do share your information, to opt-out from receiving further communications from any third party that is not our agent/service provider, please contact that marketing partner or affiliate directly. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site.
Products Offered in Partnership with Third-Party(s)
Where is the information held?
Choice and Opt-out
When we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of PMStudios or its subsidiaries (except to the extent required by law, court order, or as requested by other government or law enforcement authority). In addition, if you do not want PMStudios to send you e-mail or postal mail about our products and services, you can opt out at the time of registration or information collection. If, at a later date, you no longer wish to receive our newsletter and marketing communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication.
Safeguarding Your Personal Information
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your Account
II. TERMS OF SERVICE
You agree to check our terms periodically for new information and terms that govern your use of PMS Services. PMS may modify the Terms of Service at any time.
1. PMS Account
a PMS Account (â€œAccountâ€) may be required to access and use some PMS Services.
To create a PMS Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the PMS Service for which you are registering. Some PMS Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. PMS will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
2. Privacy and Data Collection
When you connect to PMS Services, we may retrieve information from the computer used to log onto the PMS Service. The information we collect may include information about the computer's hardware system and any data related to the computer's operation of PMSâ€™s Software or use of PMS Services. We will not collect any personal information about you, however, without your knowledge and consent.
You understand, acknowledge and agree that your communications on PMS Services are not private or confidential, and may be viewed and used by others accessing the PMS Services.
"Content" on PMS Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of PMS Services. PMS does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to PMS Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on PMS Services.
PMS reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in PMS's sole and final discretion. To the maximum extent permitted by applicable law, PMS does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
You are solely responsible for your Content and may be held liable for Content that you post.
4. Intellectual Property Rights
Content on ageogames.net Services is owned by PMS or PMSâ€™s third party licensors and is protected by International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a PMS Service unless you are expressly authorized to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. PMS reserves all rights in PMS owned and licensed Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found on PMS Services may result in the termination of your PMS Account(s), prohibition on use of PMS Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless PMS from any unauthorized or illegal conduct by you, or through the use of your Account, on PMS Services.
5. Contributing Third Party Content to PMS Services
PMS respects the intellectual property rights of others. You must have the legal right to upload Content to PMS Services. You may not upload or post any Content on PMS Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. PMS may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of PMS's or a third partyâ€™s intellectual property rights, PMS may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens).
6. Contributing Your Own Content to PMS Services; License Grant to PMS and Others
In exchange for PMS enabling your contribution of Content, when you contribute Content to a PMS Service, you expressly grant to PMS a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant PMS all licenses, consents and clearances to enable PMS to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the PMS Service on which you contribute Content permits other users to access and use that contributed Content as part of the PMS Service, than you also grant all other users of the relevant PMS Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant PMS Service without further notice, attribution or compensation to you.
7. Paid Services
Some PMS Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
PMS reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a PMS Service, PMS will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the PMS Service. You are responsible for reviewing the PMS Service to obtain timely notice of such changes. Your continued use of the PMS Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but PMS will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of PMS Services is subject to use or sales tax, then PMS may also charge you for any such taxes, in addition to the subscription or other fees.
A. Payment Options.
You may pay fees using the methods available for the particular PMS Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by PMS Service. Subscriptions paid by credit card may automatically renew, unless you affirmatively cancel your subscription. You agree that PMS is authorized to charge your credit card for the subscription fee until you affirmatively cancel your subscription. Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. When you provide credit card or other payment information to PMS, you represent to PMS that you are the authorized user of the credit card or other payment method. You agree to promptly notify PMS of any changes to your credit card account number, its expiration date and/or your billing address, or other billing information, and you agree to promptly notify PMS if your credit card expires or is canceled for any reason.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
B. Trial Subscriptions.
For some PMS Services, PMS may offer a free trial subscription. If you accept a free trial subscription, PMS will begin to bill your Account for that PMS Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using PMS Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
C. Fees Charged By Third-Party Sites and Vendors.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to PMS. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
8. Termination of PMS Services and Accounts
PMS may terminate any PMS Service at any time by giving you notice of such termination within the time period specified when you joined the particular PMS Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable PMS Service.
PMS may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of PMS Services, products, or PMS's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, PMS may terminate all of your Accounts and all related entitlements. PMS may issue you a warning, or PMS may immediately terminate any and all Accounts that you have established. You acknowledge that PMS is not required to provide you notice before terminating your Account(s). If PMS terminates your Account, you may
not participate in a PMS Service again without PMS's express permission. You may not allow individuals whose Accounts have been terminated by PMS to use your Account.
If your Account, or a particular subscription for a PMS Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular PMS Service (such as points, tokens or other digital items).
9. Cancellation of your Account
You have the right to cancel your Account or a particular subscription to a PMS Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use PMS Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with PMS, including any dispute related to, or arising out of: (1) any term of this Terms of Service or PMSâ€™s enforcement or application of this Terms of Service; (2) the Content available through PMS Services or any change in Content provided through PMS Services; (3) your ability to access and/or use PMS Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for PMS Services.
10. Rules of Conduct.
You may violate the Terms of Service if you:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, â€œspammingâ€ or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are a PMS employee or a representative of PMS, or attempt to mislead users by indicating that you represent PMS or any of PMS's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on PMS Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false reports to PMS staff.
- Use or distribute â€œautoâ€ software programs, â€œmacroâ€ software programs or other â€œcheat utilityâ€ software program or applications.
- Modify any part of the PMS that PMS does not specifically authorize you to modify.
- Post or communicate any playerâ€™s real-world personal information using a PMS Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a PMS Service.
- Use and communicate exploits to gain unfair advantage in a game
- Attempt to use PMS Software on or through any service that is not controlled or authorized by PMStudios.
- Interfere with the ability of others to enjoy playing a PMS Service or take actions that interfere with or materially increase the cost to provide a PMS Service for the enjoyment of all its users.
Specific PMS Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use PMS Services. PMS reserves the right to terminate your Account and to prevent your use of any and all PMS Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to PMS using the â€œHelpâ€ or â€œReport Abuseâ€ or "Report User" functions in the relevant ageofgames Service.
11. Software, Utilities and ToolsPMS Services may require or allow you to download software, software updates or patches, or other utilities and tools from PMS or its licensors onto your computer ("PMS Software"). PMS grants to you a non-exclusive, limited license to use PMS Software solely for the purpose stated by PMS at the time the PMS Software is made available to you. If an End User License Agreement is provided with the PMS Software, your use of the PMS Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access PMS Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from PMS Software. You may not modify PMS Software or use it in any way not expressly authorized in writing by PMS. You understand that PMSâ€™s introduction of various technologies may not be consistent across all platforms and that the performance of PMS Software and related PMS Services may vary depending on your computer and other equipment.
From time to time, PMStudios may provide you with updates or modifications to PMS Software. You understand that certain updates and modifications may be required in order to continue use the PMS Software and PMS Services.
12. Export Control Laws
PMS Software may be subject to ITALY export controls, and export controls of other jurisdictions. By downloading PMS Software from PMS, you warrant that you are not located in any country, or exporting PMS Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.
You agree to abide by ITALY and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or PMS Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to PMS Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
13. Updates to PMS Services
IMPORTANT: PMS MAY FIND IT NECESSARY TO MAKE UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF PMS SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. PMS reserves the right to make these UPDATES and is not liable to you for these changes.
14. Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF PMS SERVICES, PMS SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. PMS SERVICES, PMS SOFTWARE, PMSâ€™S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. PMS PROVIDES PMS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE PMS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PMS WILL HAVE ADEQUATE CAPACITY FOR PMS SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PMS OR ITS LICENSORS IS TO STOP USING PMS SERVICES, AND TO CANCEL YOUR PMS ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT PMS, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON PMS SERVICES OR USE OF PMS SOFTWARE. IN NO CASE SHALL PMS OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "PMS AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PMS FOR PMS SERVICES. IN NO CASE SHALL PMS OR PMS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF PMS SERVICES, PMS SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF PMS SERVICES OR ACCOUNTS. BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, PMSâ€™S AND PMS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. PMS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH PMS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, nothing contained in this Terms of Service limits PMSâ€™s liability to you for fraudulent misrepresentations, death or personal injury caused by PMSâ€™s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Upon PMS's request, you agree to defend, indemnify and hold harmless PMS and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through PMS Services. Without limiting the generality of the foregoing, you agree to indemnify and hold PMS harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of PMS Services and for all of your communication and activity on PMS Services, including any Content you contribute, and that you will indemnify and hold harmless PMS, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on PMS Services, including any Content that you contribute.
PMS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to PMS in that matter. This Section shall survive termination of this Terms of Service.
16. Links to Third-Party Sites
PMS Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. PMS does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
17. General Terms
If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of PMS, and the remaining portions shall remain in full force and effect.
The failure of PMS to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by PMS.
d. Governing Law.
The laws of Italy, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with PMS or relating in any way to your Account(s) or your use of PMS Services resides in the Courts of Italy and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Italy in connection with any such dispute including any claim involving PMS or its affiliates, employees, contractors, officers, directors, vendors and content providers.
As noted above, your conduct may also be subject to other local, state, national, and international laws.
18. Entire Agreement
19. Additional Terms and Conditions for Specific PMS Services
Certain PMS Services may require you to read and agree to terms and conditions that are specific to that PMS Service. Your right to use that PMS Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, PMS will be the final and sole arbiter of any such inconsistencies.
20. Beta Tests
In its sole discretion, PMS may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to PMS (and to PMS only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a â€œBeta Test.â€ You must sign and return to PMS a Pre-Release Software Confidentiality Agreement (â€œConfidentiality Agreementâ€) for each specific Beta Test BEFORE you will be allowed to be a tester (â€œTesterâ€) and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.
In connection with the Beta Test, PMS may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the PMS site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of PMS. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to PMS, and PMS is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until PMS publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to PMS all copies of the pre-release copy and confidential or proprietary information PMS provided to you.
As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) PMS has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta
Test process is complete or at any time in the future; (v) PMSâ€™s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.