GAMETREETV/DISH ONLINE GENERAL TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE TRANSGAMING-DISH NETWORKS GAMES CHANNEL 96 WEBSITE (the "Site"). BY USING ALL OR ANY PORTION OF THE SITE YOU ACCEPT ALL THESE TERMS AND CONDITIONS. TRANSGAMING INTERACTIVE CORP. ("TransGaming") RESERVES THE RIGHT IN ITS SOLE DISCRETION TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME. ANY CHANGES WILL BE POSTED ON THIS PAGE. PLEASE MAKE SURE TO CHECK THIS PAGE REGULARLY. YOUR USE OF ALL OR ANY PORTION OF THE SITE FOLLOWING POSTED CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE THAT THESE TERMS AND CONDITIONS ARE AS ENFORCEABLE AS ANY WRITTEN AND NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
1. OWNERSHIP OF INTELLECTUAL PROPERTY
The Site is owned by TransGaming. All software (both in object code and source code), designs, text, images, files, codes, photographs, illustrations, audio, video, artwork, graphic material, or other copyrightable or non-copyrightable elements, the selection and arrangements thereof, trademarks, service marks and trade names (the "Materials") are the sole and exclusive property (by way of ownership or license) of TransGaming and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected under copyright and trademark laws of the United States and/or by international treaty provisions.
2. MODIFICATIONS TO THE SITE
TransGaming reserves the right, for any reason, in its sole discretion, to change, add, remove or suspend any portion of the Site, including but not limited to content, features and hours of availability. TransGaming may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
These Terms and Conditions constitute a binding agreement between you and TransGaming until terminated by you or TransGaming which TransGaming may do at any time, without notice, in TransGaming sole discretion. If you become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
4. CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES
TransGaming provides Rules of Participation for certain activities on this Site including, without limitation, games, contests and sweepstakes conducted by TransGaming and those in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation that appear in connection with information about a particular contest, sweepstakes or activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
5. SITE SOFTWARE
Some games on the Site may require that you download software from TransGaming or one of its licensors onto your computer ("Site Software"). TransGaming grants to you a non-exclusive, limited license to use Site Software to play games on the Site. You may not use Site Software for any other purpose. You may not sub-license, or charge others to use or access Site Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Site Software. You may not modify Site Software or use it in any way not expressly authorized in writing by TransGaming You understand that TransGaming's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by TransGaming may vary depending on your computer and other equipment.
Site Software may be subject to United States export controls. By downloading Site Software from TransGaming you warrant that you are not located in any country, or exporting Site Software to any person or place, to which the United States has restricted trade or embargoed goods.
6. USER INFORMATION
7. USER CONDUCT
You are solely responsible for the content and context of any materials or user information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other user from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site will become the exclusive property of TransGaming. TransGaming will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.
9. DISCLAIMER OF WARRANTIES
THIS WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEB SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE " BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRANSGAMING DOES NOT WARRANT THAT THIS WEB SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
10. LIMITATION OF LIABILITY
TransGaming is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRANSGAMING, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY TRANSGAMING OR ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. Notwithstanding the foregoing, in no event shall TransGaming's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Site.
You agree to indemnify, defend and hold harmless, TransGaming, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all claims, losses, expenses, damages and costs, including attorneys' fees, arising out of or resulting from your breach or violation of these Terms and Conditions, your use of the Site or as a result of a dispute with another user. TransGaming reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TransGaming in asserting any available defenses.
12. GOVERNING LAW
These Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York, applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and the sole and exclusive jurisdiction for any court action shall be the federal and state courts located within the State and County of New York.
13. NOTICES AND DISCLOSURES
Except as explicitly stated otherwise, any notices shall be given by e-mail to TransGaming at Dish-GameTreeTV-Support@TransGaming.com
and to you at the e-mail address you provide to TransGaming. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
14. GENERAL PROVISIONS
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.