Terms Of Service
Terms of Service :: May 15, 2008 (as written on Instant Action main website)
Description of Service:
Welcome to the InstantAction site (“IA”), which is owned and operated by GarageGames.com, Inc. (“we” or “us”). IA is an Internet service that permits its registered users by downloading the IA installer software (the “IA Plug-In”) to play games through an Internet browser. Many of the games on IA are multi-player games that include social interaction, including in-game and outside-game chat. In addition, IA offers forums, bulletin boards and other game related services. The above described services, as well as all services that we may add to IA in the future are referred to this document as the “Service.”
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). High speed Internet access is strongly recommended. In addition, you are responsible for all equipment and software necessary to access and use the Service.
Acceptance of Terms:
Your use of the IA site, the Service, and/or any IA Software (as defined in the License Granted section below) is conditioned upon your acceptance of the Terms and Conditions as stated in this document (“TOS”). We may change, add or remove any part of the TOS at any time by posting a notice of revision to the TOS on the IA site. Any such modification shall become effective immediately after such posting.
Your registration with IA as provide in the Registration section immediately below shall be considered your acceptance of the TOS, and your continued use of the site immediately after the posting of any modification to the TOS shall be considered your acceptance of any modification to the TOS.
Registration:
When you complete IA’s online registration form and download the IA Plug-In you create an IA account and become an IA user. You must provide accurate, current and complete information about yourself as prompted by the online registration form. You must be at least thirteen years of age to use the Service. If you are 13 years of age or older but under 18 years of age, you should review the TOS with your parents or legal guardian before registering to use the Service. We reserve the right to deny registration and access to the IA site and/or Service to any individual.
To create an account you must enter an email address and other personal information. In addition, you must select a username and password. You may not select as your username the name of another living person (unless it is also your name), or a name that violates any third party’s trademark rights, copyright, or other proprietary right, or which we determine in our sole discretion to be offensive or inappropriate. Your password should be chosen carefully and not contain any personal or other information that may be easily guessed by anyone else. Keep your password private and never share it with anyone. No employee of the site, or GarageGames.com, Inc., will ever ask you for your password in written correspondence or any other form of communication.
You are solely responsible for all activity on your account and for the security of your password. You agree to immediately notify IA of any unauthorized use of your password or account or any other breach of security by emailing abuse@instantaction.com. Please provide your username, the email address associated with the account, and details regarding the issue.
Registration information and certain other information and data about you are subject to the IA privacy policy. For more information see our full privacy policy at http://www.instantaction.com/privacy.
Charges:
We may charge fees or other charges to access certain areas of our site, play certain games, download certain IA software, purchase certain items and/or participate in certain activities. All fees and other charges may be payable in advance and are not refundable in whole or in part. You are fully liable for all charges under your account whether or not authorized by you.
You are responsible for the timely payment of all fees and for providing IA with a valid form of payment for all fees. All fees will be billed to the form of payment you designate during the registration process. If you desire to designate a different form of payment or if there is a change in your payment information, you must update your IA account to reflect such change in the account information section of the Service. You may experience temporary disruption of your access to the Service while IA is verifying the new payment information.
We reserve the right to change these fees and other charges from time to time by posting notice of such changes on the IA site. You are responsible for reviewing the IA site to obtain timely notice of such changes. Your continued use of the Service after posting of the changes shall be considered your acceptance of the changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees that may have been paid to your account prior to cancellation of your subscription, and we will not prorate fees.
The IA site may provide links to other web sites and access to third party vendors. Any fees, charges or obligations you incur with such other web sites and third party vendors are your sole responsibility.
License Granted:
We hereby grant each registered user a non-exclusive, non-transferable, revocable license to use the Service and any and all software made available for download from time to time on IA site (including without limitation the IA Plug-In as the same may be modified or enhanced from time to time, collectively the “IA Software”) for your personal entertainment solely on the IA site. You may not use the Service or the IA Software for any business or commercial purpose and you may not modify and/or redistribute the IA Software without first obtaining our written permission. We may discontinue the Service, in whole or in part, to any user or to all users, at any time in our sole discretion. Any right that we do not expressly grant you in these TOS are reserved to us.
The IA site, Service, the IA Software and the games accessible through the site and the Service (including without limitation all computer code, artwork, animation and audio-visual and other components), are owned by us and our licensors. You agree not to violate or interfere with any of our or our licensors’ copyright, trademark, patent or other proprietary rights in such site, Service, software or games.
User Content:
The Service provides its registered users with opportunities to submit their own ideas, text, graphics and other materials (“Content”) while they are participating in games, forums, bulletin boards, chat rooms and other activities included in the Service. You may only transmit through the Service Content that you own or have a license or other legal right that would permit you to publish the Content through the Service. All Content transmitted through the Service is the sole responsibility of the sender. You have no expectation of privacy in Content that is transmitted through the Service (even if it is intended to be a private message).
We do not control the Content transmitted through the Service. Therefore, we do not guarantee the accuracy, integrity or quality of such Content, and we will not be liable for any loss or damage of any kind incurred by you as a result of the use of any such Content.
You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Although we have no obligation to monitor or supervise the Content you or other users may post to the IA site or to a game, we reserve the right to monitor or supervise such Content and to remove without notice any Content that we find offensive, indecent or otherwise objectionable in our sole discretion. However, we will not be liable for any failure to remove or delay in removing offensive, indecent or otherwise objectionable Content.
We also retain the right to preserve Content and disclose it if required to do so by law or in the good faith belief that such preservation and/or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that Content violates the rights of a third party; or (iv) protect the rights, property or safety of GarageGames.com, Inc., the IA users or the general public.
Although we will not claim ownership in any Content you submit or make available for inclusion on the Service, by transmitting such Content through the Service you are granting us a worldwide, irrevocable, royalty free, non-exclusive license to publish, distribute, publicly perform or display, import, broadcast, transmit, reproduce and modify the Content for use on the IA site and/or in conjunction with the Service.
We would advise you against transmitting Content that includes any of your personal data (including IP address, email address, real name, telephone numbers, work place or residence addresses) in the Service’s forums, bulletin boards, in-game and outside game chat rooms (the “Public Areas”) because these areas are public. We will not be liable for any loss, damages or injury you may suffer as a result of your disclosure of such personal data in the Service’s Public Areas.
User Conduct:
Online conduct should be guided by common sense and basic principles of etiquette. In addition, you are bound by local, state and federal laws while using the Service. If you access the Service from countries other than the United States you are subject to the laws of those foreign countries where appropriate. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please be advised that we will cooperate with law enforcement for investigation and prosecution of illegal behavior.
Listed below are descriptions of conduct by you that would be considered unacceptable and a violation of the TOS. This list is not intended to be all inclusive.
* Upload, post, transmit, promote or distribute Content through the Service that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially or ethnically offensive, sexually explicit, invasive of another’s privacy or publicity rights or otherwise objectionable;
* Upload, post or transmit any Content through the Service that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
* Upload, post or transmit any Content through the Service that contains a virus, work, bot or corrupted data;
* Upload, post or transmit through the Service any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
* Upload, post or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
* Use the Service in a manner that adversely affects the availability of its resources to other users;
* Stalk, harass, threaten, embarrass or do anything else to another Service user that is unwanted;
* Collect or store personal data or reveal personal data about another Service user without the express permission of such user;
* Solicit personal data from a person under 18 years of age or harm a minor in any way;
* Impersonate another user or administrator;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another person transmits through your account;
* Permit any other person to access the Service through your account;
* Reproduce, distribute, publicly display or perform, import, transmit, broadcast, modify or prepare derivative works, reverse engineer, disassemble or decompile any part or all of the computer code, artwork, animation, audio-visual and other components of the Service;
* Circumvent or modify, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service or used to administer the TOS;
* Provide false, fraudulent or misleading information with regard to establishing or updating your account information, making a billing claim, reporting user abuse or with respect to information you provide to us in an investigation of user abuse;
* Sell, exchange, trade or auction your IA account or username;
* Sell, exchange, trade or auction your Action Tokens/Points (as defined below) or any other assets or attributes that you may accumulate as a result of participating in the Service or playing an IA game, except as specifically authorized by these TOS (see limited authorization under the heading, Action Tokens, below) ; or
* Materially breach any provision of the TOS.
Action Tokens:
The Service offers virtual currencies called ActionTokens (“Tokens”) and ActionPoints (“Points”). You can acquire the currencies in a variety of ways. For example, you can purchase ActionTokens, or certain services may give you ActionPoints for using the service or specific features of the service. You can earn ActionPoints only for actions you actually complete. You are solely responsible for any tax consequences that may result from your participation in the ActionTokens service.
You can see how many Tokens/Points you have by checking the balance on your account. When you obtain Tokens/Points, you have obtained a limited license to a digital good. Tokens/Points have no monetary value. You may not obtain any cash or money in exchange for Tokens/Points, regardless of how you acquired them. Tokens/Points are not your personal property. Your only recourse for using Tokens/Points is to obtain the specific online services or digital goods that we offer for redemption through those currencies. We may further restrict your redemption offers based on your country of residence. We encourage you to redeem your Tokens/Points. Tokens/Points may expire at any time, as set forth in the messaging related to each purchase or promotion. Unless such messaging provides for a longer term, all unused Tokens/Points expire 12 months from the date of purchase or issuance.
The existence of a particular offer available for Tokens/Points redemption is not a commitment by us to maintain or continue to make such offers in the future. The scope, variety and type of online services and digital goods that you may obtain by redeeming Tokens/Points can be changed by us at any time. We have no obligation to continue making offers available for Tokens/Points redemption. We may cease to provide access to any online services or digital goods that may be obtained by redeeming Tokens/Points, in whole or in part, to any user or to all users, at any time in our sole discretion.
We may cancel, suspend or otherwise limit your access to your Tokens/Points account if we suspect fraudulent, abusive or unlawful activity. Once we delete Tokens/Points from an account, we will not reinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to your account, your right to use your Tokens/Points immediately ceases. We will use reasonable efforts to investigate accounts that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use of the service, including applying limits to: the number of Tokens/Points you may have credited to your account at one time, the number of Tokens/Points you may redeem within a given time period (for example, one day), and the number of Tokens/Points you may obtain per promotion.
If we post Tokens/Points to your account for an activity that is subsequently voided, canceled or involves a returned item, then we will remove those Tokens/Points from your account. You must ensure that we properly post your Tokens/Points to your Action Store account. If you believe that you have validly acquired Tokens/Points that we have not posted to your account, then you must contact us within six (6) months after the date you claimed to have acquired those Tokens/Points and we may require reasonable documentation to support your claim.
Secondary trading of Tokens/Points or any other assets or attributes that you may accumulate as a result of participating in the Service or playing an IA game may only be conducted through third party trading services approved by us, which approval will be published on the IA site. We will not support any third party trading service not listed on the IA site as an approved service. We assume no responsibility for any third party trading service transactions, including without limitation, those made with trading services on our approved list. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON ANY THIRD PARTY TRADING SERVICES!
Links:
The IA site, the Service and the games and activities accessible through the Service may provide links to other sites. These links are for your convenience only and should not be considered endorsed by us. We are not responsible for any webcasting or other forms of transmission received from any linked sites.
No Warranties:
We expressly disclaim any warranty for the Service and/or the IA Software.
THE SERVICE AND THE IA SOFTWARE ARE PROVIDED ON AN “AS IS” WITH ALL FAULTS AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATIONS, THE IMPLIED WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRIGEMENT.
We do not warrant that the Service and/or the IA Software will be uninterrupted, timely, secure, error, virus or bug free, that data will not be lost, or that any defects will be corrected. The entire risk arising out of your use of the Service and/or the IA Software remains with you.
Limitation on Liability:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE OR ANY OTHER PERSON OR PARTY INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE SERVICE AND/OR THE IA SOFTWARE BE LIABLE TO ANY OTHER PERSON OR PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE AND/OR THE IA SOFTWARE EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will our and such other parties’ total liability for all damages exceed the greater one month’s subscription fee for the Service or fifty dollars ($50.00).
Some jurisdictions do not allow the exclusion or limitation or consequential or indirect damages, so the above limitation may not apply to you.
Indemnification:
You agree to defend, indemnify and hold harmless GarageGames.com, Inc., its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys’ fees, arising from or related to your breach of the TOS or your use of the Service and/or the IA Software.
Termination:
We shall have the right to terminate or suspend your use of the Service and/or the IA Software, effective immediately and without prior notice upon your violation of the TOS. We also reserve the right to terminate the site, Service, any of the IA Software and/or any games or activities accessible through the Service, or any part thereof, at anytime without notice and without further obligation to you.
Governing Law and General Provisions.
The TOS shall be deemed made in the State of Oregon and shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the State of Oregon applicable to contracts executed and to be wholly performed therein, and without regard to its conflicts of laws principles. The TOS will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of the TOS is found invalid or unenforceable, it shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. The TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof.
