AGREEMENT AND SERVICES
PlusGames, referred to herein as PG ("PG"), is composed of the Plus Games Website, www.plusgames.com, and any other Website, product, or service owned or operated by Zonemedia LTD. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers games, activities, and services including, but not limited to, game downloads, online games, game purchases, e-greeting applications, browser toolbars, game management utilities, sweepstakes, contests, chat services, message boards, video streaming, affiliate programs, game review writing, affiliate email and newsletter tools, other assorted affiliate and social networking services, and general game content browsing.
Accounts (Account or Accounts) as used herein are defined as the account that results from registering for any service with PG. When you complete a registration process, you create an Account and you become a Member ("Member"). Your Account allows you to participate in specific services on PG.
You hereby agree and acknowledge that PGs optin process may utilize your e-mail address and credentials as taken from the PG Messenger Button.
PG reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company's discretion.
You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. PG will not ask you to reveal your password. If you forget your password, you can request to have your credentials sent to your registered address. You agree to indemnify and hold PG harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join PG again without our express permission.
ONLINE GAME COMMUNITY CHARGES, BILLING, FREE TRIALS
You may have a PG account without paying PG to participate in the Online Game Community games or other activities on the Website.
PG reserves the right to change our fees (if any) at any time and will provide notice of any such change at least 30 days prior to becoming effective. All changes will be posted on PG Website and you are responsible for reviewing the Website to obtain timely notice of such changes. Your continued use of the company's offerings after the posting of the changes on PG Website means that you accept such changes. If any change is unacceptable to you, you may cease use of your subscription at any time, but PG will not refund any fees that may have accrued to your account before suspension of your subscription (if applicable), and we will not prorate fees for any subscription.
Fees Charged By Third-Party Sites and Vendors
We may provide links to other Websites. Some of these Websites may charge separate fees, which are not included in any subscription or other fees that you may pay to PG (if applicable). PG may also provide access to third-party vendors, who provide content, goods and or services on PG Website or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your sole responsibility.
"Content" is defined herein as the software, communications, images, sounds, and all the material and information you encounter through PG Website.
PG representatives may monitor your communications on PG. But we cannot monitor all of the Content on PG, and we do not attempt to do so. If you encounter something you don't want to see, you can report it to the firstname.lastname@example.org for the area in which the incident occurred. PG does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. PG does not assume any responsibility or liability for Content that is generated by Members or other guests on PG. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. PG does not assume any liability for any failure to remove, or any delay in removing Content.
CONDUCT & ETIQUETTE
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on PG. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We terminate use of PG and cooperate with law enforcement for illegal behavior.
You agree that you will be personally responsible for your use of PG and for all of your communication and activity in using the Service, including any Content you contribute, and that you will indemnify and hold harmless PG, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on PG, including any Content that you contribute.
The following constitutes a violation of OUR Terms of Service and shall entitle PG to any and all remedies afforded by law and/or contained herein:
If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them.
With the exception of C2P tokens, PG does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing your PG game. This includes the exchange of points or virtual items
THESE RULES WILL APPLY TO ANYONE THAT YOU INTENTIONALLY OR NEGLIGENTLY ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, PG MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEBSITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT PG MAY HAVE MADE.
Public Nature of Communications
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. PG is not liable for information that you choose to communicate to other users on the Service, or for the actions of other users.
By communicating within the Service, i.e. by submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant PG permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Once you post or send any Content to PG, you expressly grant PG the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in PG'S discretion, and without any notice or compensation to you of any kind.
By submitting a Posting, you agree to defend, indemnify and hold PG, its parent, subsidiaries, affiliates and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
Commercial Activity and Unsolicited E-mail
You may not advertise any goods or services on PG. Chain letters and pyramid schemes are expressly prohibited. You may not use any area of PG to collect information, including login names, about PG Members, and use of such information to send unsolicited email or for any other purpose is strictly prohibited. You may not exploit PG, or any games or services offered on PG for any commercial purpose. Any violation of these provisions can subject your PG account(s) to immediate termination (or result in revocation of Guest status) as well as further legal action.
Use of Machines, Computers, Scripts
The use of machines, computers, scripts or any automated system on PG is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play PG games with one type, version or copy of browsing software application at any one time. PG may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by PG are final.
Proprietary Rights; Copyrights and Trademarks
The Content available on PG is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from PG unless we have expressly authorized you to do so in writing.
You must have the legal right to upload any Content to PG before you do so in writing. You will not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on PG, unless PG expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on PG can lead to the termination of your PG account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on PG, you agree to indemnify and hold harmless PG and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
User's Computer Information
Links to Third-Party Sites
PG may include hyperlinks to Websites operated by parties other than PG including advertisers and other content providers. Those sites may collect data or solicit personal information from you. PG does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Additional Terms and Conditions for Specific Games
When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, PG will be the final and sole arbiter of any such inconsistencies.
PG may require that you download software from PG or its licensors onto your computer ("PG Software"). PG grants to you a non-exclusive, non-transferable, revocable, limited license to use PG Software to play games on our Service. You may not sub-license, or charge others to use or access PG Software. You may not use PG Software for any purpose other than that contained within the license granted to you. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from PG Software. You may not modify PG Software or use it in any way not expressly authorized in writing by PG. You understand that PG'S introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by PG may vary depending on your computer and other equipment.
NEITHER PG NOR ITS LICENSORS ARE LIABLE IN CONNECTION WITH YOUR USE OF THE PG SOFTWARE FOR ANY DAMAGES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
PG Software may be subject to United States export controls. By downloading PG Software from PG, you warrant that you are not located in any country, or exporting PG Software to any person or place, to which the United States has embargoed goods.
DEACTIVATION OF ANY PG ACCOUNT
You may deactivate your Account at any time for any reason. You understand and agree that the deactivating of your Account is your sole right and remedy with respect to any dispute with PG. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or PG'S enforcement or application of this Agreement; (2) the Content available through PG or any change in Content provided through PG; (3) your ability to access and/or use PG; (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods; or (5) the amount or timing of payments for Royalties regarding your participation in PG Games Service.
PG reserves the right to collect fees, surcharges or costs incurred (if and where applicable) before you cancel your account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your account or a particular subscription is terminated or cancelled, 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 anything within PG associated with it (such as points, tokens or in-game items). Active PG account holders may not allow former account holders whose account has been terminated by PG to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with PG must be settled before PG may allow you to register again.
Notwithstanding any other statements by PG on its website or marketing collateral, if your Account is terminated for My PG Games Service, you will immediately upon termination cease to accrue or earn any future royalties, commissions, funds or credits of any type.
LIMITATIONS ON WARRANTY AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF PG, PG SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. PG, PG SOFTWARE, PG'S PRODUCTS AND SERVICES, 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. PG PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PG WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PG OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT PG, ITS SUBSIDIARIES, 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 THE SERVICE OR USE OF PG SOFTWARE. IN NO CASE SHALL PG OR ITS SUBSIDIARIES', LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "PG AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PG FOR THE SERVICE. IN NO CASE SHALL PG OR PG AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF PG, PG SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH PG. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, PG'S AND PG AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. PG DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH PG 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.
Upon request by PG, you agree to defend, indemnify and hold harmless PG and its affiliates, subsidiaries, 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 transmission of any Content on PG. PG 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 PG in that matter. This Section shall survive termination of this Agreement.
OTHER LEGAL TERMS
The laws of England & Wales excluding any conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and Memberships. You expressly agree that exclusive jurisdiction for any claim or dispute with PG or relating in any way to your Accounts, the Services and Memberships or your use of PG resides in the courts of London, England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of ¼/span> London in connection with any such dispute including any claim involving PG or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
If you violate our Terms of Service, PG may issue you a warning regarding the violation, or, in PG's sole discretion, immediately terminate any and all Accounts that you have established with the company. You acknowledge that PG is not required to provide you notice before terminating your account.