THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING
CONTRACT BETWEEN CASESARCADE.COM ("we") AND YOU ("you"). YOU MUST READ AND AGREE
TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE CASESARCADE.COM
WEBSITE (the "Site") OR ANY SOFTWARE, GAMES, APPLICATIONS, FEATURES OR
FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE "SERVICE").
BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT USE THE SERVICE.
-
DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
-
Description of Service. CasesArcade.com is where you can play
your favorite online game while competing with other players, or run
your own online gaming league and tournaments, and enjoy sharing in
our community.
-
Age Requirement. You must be at least 13 to use the Service.
-
MODIFICATIONS TO TERMS
-
Procedure. At any time CasesArcade.com may change these
Terms, which includes the Privacy Policy and any other agreement
that is incorporated by reference into these Terms. We will provide
notice to you of any material change in the Terms by posting notice
to the Site and sending you an email to your CasesArcade.com email
account or to the non-CasesArcade.com email address that we have on
record for you. Your continued use of the Service 30 days after our
notice to you of a change in the Terms will mean that you have
agreed to be bound by the amended Terms.
-
Your Obligation to Stay Current. It is critical that you
keep your email contact information correct and updated with
CasesArcade.com at all times. In addition, we encourage you to check
back regularly to review these Terms at least once every 30 days.
-
MODIFICATIONS TO SERVICE. We reserve the right to modify
or discontinue, and restrict or block access to, the Service without notice
to you. We may modify or remove any Content from the Service at any time
without notice to you, including removal of Content that we believe to be
obscene, lewd, lascivious, filthy, excessively violent, harassing, or
otherwise objectionable. We are not liable for any such modification,
suspension, discontinuance or removal, and any such action by us will not
affect CasesArcade.com's license to your Content as stated in Section 6 below.
-
POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
-
Content Protected by Intellectual Property Rights. Any
content available through the Service, including games, applications,
software, text, audio, video, pictures, graphics, music, sound clips,
images, likenesses, personal information and other works of
authorship (collectively, "Content") is protected by the intellectual
property rights of CasesArcade.com or its licensors.
-
Your Warranties Regarding Your Content. By displaying or
publishing ("posting") any Content on the Service, you warrant and
represent the following:
-
you own all rights in your Content or, alternatively,
you have sufficient rights in your Content to grant to
CasesArcade.com the rights described in these Terms;
-
you will pay all license fees, clearance fees, and other
financial obligations of any kind, arising from any use of
your Content;
-
you are the individual pictured, depicted, and/or heard
in your Content or you have obtained permission from each
person (including consent from parents or guardians for anyone
under the age of eighteen (18)) who appears and/or is heard
in your Content to grant the rights to CasesArcade.com described
in these Terms; and
-
your Content is not defamatory, does not infringe the
intellectual property rights, privacy, rights to publicity
or any other legal or moral rights of any third party.
-
Establishing an Account to Post Content. To post Content
on the Site, you must first complete the Site registration process
to create an account with a user name and password (the "Account").
You may not share your password with anyone unless you are a minor,
in which case you may share your password with your parents or other
legal guardians. You must always provide accurate current and
complete information to CasesArcade.com for the Service. You must update
such information in a timely manner to maintain its accuracy and
completeness. Any use of the Service through your Account will be
deemed as being used by you. CasesArcade.com is entitled to rely on the
contact and other information that is supplied to us through your
Account. Your Account is non-transferable and non-assignable.
-
LICENSE TO USE THE SITE; MEMBERSHIP
-
License. We hereby grant you the limited, revocable,
non-transferable, non-sublicenseable license, under the rights
we have in the Content, to view and use the Site solely for
personal, non-commercial purposes and in accordance with the
Agreement. As between you and us, we retain all right, title,
and interest in and to the Site. Except as provided in this
Agreement, permission to reprint or electronically reproduce any
content in whole or in part for any other purpose is expressly
prohibited. The Site and all content contained therein is protected
by copyright and intellectual property rights under both United
States and foreign laws and all rights not expressly granted are
reserved by us, our affiliates, and our partners. Subject to
applicable law, we reserve the right to suspend or deny, in our
sole discretion, your access to all or any portion of the Site with
or without notice.
-
Membership. We provide both general membership and premium
membership to the site. General membership is free and offers
limited features as discussed on the Site. Premium memberships
may be gifted or purchased. The prices for and benefits of
premium memberships are set forth on the site and may change from
time to time. Your membership is valid for the specified period
starting from the date of purchase or activation, whichever is
later. For your convenience and to ensure that your access to your
membership remains uninterrupted, unless we hear from you, we will
automatically renew your membership(s) at the expiration of the
then-current term. If you elected to pay for the membership with
your credit card, we will charge your card on file for the cost of
another term at the then-current rate using the information you
previously provided us by phone or on our web site. You will not be
notified in advance of your impending renewal. Once you activate or
renew your membership, you may cancel your membership during the
remainder of the then-current term but we will not issue you a
refund. If you wish to cancel your automatic renewal(s), you may do
so by opting out of auto-renewal through the "My Account" link or
similar link on the Site.
-
OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
-
Ownership of Your Content. You retain ownership of your
rights in any Content you post to the Service, subject to the
non-exclusive rights that you grant to us as described in these
Terms.
-
Your License to CasesArcade.com.
-
Subject to your right to terminate your license to us as
described in Section 6(C), you hereby grant CasesArcade.com
an irrevocable, perpetual, worldwide, royalty-free, freely
transferable, freely sub-licensable (through unlimited
levels of sublicense), non-exclusive license to use,
reproduce, modify, transmit, distribute, publicly perform
and display (including in each case by means of a digital
audio and video transmission), advertise in, on, and around,
and create derivative works of the Content you submit or
make available for inclusion on or through the Service, and
to incorporate such Content into other works in any form,
media, or technology now known or later developed.
-
You also hereby waive any moral rights you may have under
the laws of any jurisdiction in Content you submit or make
available on or through the Service. We may (but are not
obligated to) display your Content, including your username
and your actual name (according to the preferences you
select).
-
Your Right to Terminate the License. For Content consisting
of photos, graphics, audio or video (but not, for clarity, any
Content solely in the form of text) that you have submitted or
made available for inclusion on or through the Service, you may
remove or modify such Content from the Service at any time. Your
removal of such Content from the Service will terminate our license
to such Content. But if prior to such removal or modification,
CasesArcade.com has distributed, or developed specific plans to
distribute, any electronic, printed, or other materials containing
such Content (e.g., in advertising, promotion or otherwise), then
CasesArcade.com has a limited right to continue to distribute those
materials. If you want CasesArcade.com to stop distributing the
materials, simply send us written notice to stop distributing such
materials, in which event we will stop distributing the materials
within 30 days. Your notice must be signed by you, include your
telephone number and email address, and be sent by first class
mail, postage prepaid, to CasesArcade.com, 1500 E. College Way Suite A
PMB 437 Mount Vernon, WA 98273, Attn: Copyright Agent. In addition,
the notice must clearly identify the Content at issue, describe the specific
use of the Content you wish to end, and contain statements that
you own or have an exclusive right to the Content and that all
the information in the notice is true and correct. The 30 day
period for CasesArcade.com to stop distributing your Content begins
only once CasesArcade.com has received a notice complying with the
requirements of this Section 6(C).
-
User Contact Submissions. When you submit ideas, suggestions,
documents, or proposals (collectively, "Submissions") to
CasesArcade.com through our "Contact Us" web page located at
www.myleague.com, you represent, warrant, and agree that:
(i) your Submissions do not include confidential or proprietary
information; (ii) if we so choose, CasesArcade.com may use and
disclose your Submissions in any way; and (iii) CasesArcade.com has
no obligation to pay or reimburse you for your Submissions or our
use of your Submissions.
-
PROHIBITED CONTENT. You must not post to the Service any
Content that, as reasonably determined by CasesArcade.com, is or appears
to be the following:
-
untrue, misleading, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, invasive to another person's privacy
or protected data, hateful, or racially or otherwise objectionable;
-
infringing upon a third party's intellectual property rights,
including any patent, trademark, trade secret, copyright, right
of publicity, including any Content that is the subject of any
claim of infringement;
-
of a type that you do not have a right to transmit under any law
or under contractual or fiduciary relationships, such as
proprietary and confidential information;
-
unsolicited, undisclosed or unauthorized advertising;
-
software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of
any computer software or hardware or telecommunications equipment;
-
data or information obtained through access that was not authorized
by the owner, or that you are not authorized to post; or
-
in violation of any applicable local, state, national or
international law (including export laws).
-
PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM.
-
Prohibited Conduct. You must not do, or attempt to do,
any of the following, as reasonably determined by CasesArcade.com,
subject to applicable law:
-
access or use the Service in any way that is not in
compliance with any applicable local, state, national
or international law (including export laws), contracts,
intellectual property rights or constitutes the
commission of a tort, or for any purpose that is harmful
or unintended (by us), or other than in full compliance
with these Terms;
-
access, tamper with, or use services or areas of the
Service that you are not authorized to access;
-
alter information on or obtained from the Service;
-
tamper with postings, registration information, profiles,
submissions or Content belonging to CasesArcade.com or other
users of CasesArcade.com;
-
use any robot, spider, scraper or other automated means
or interface not provided by us to access the Service or
extract data or gather or use information, such as email
addresses, available from the Service or transmit any
unsolicited advertising, "junk mail," "spam," or "chain
letters";
-
frame any part of the Service, or link to the Service, or
otherwise make it look like you have a relationship to us
or that we have endorsed you or your Content for any
purpose except as expressly permitted in writing by
CasesArcade.com;
-
impersonate or misrepresent your affiliation with any
person or entity;
-
reverse engineer any licensed software, application, games
or any other aspect of the Service or do anything that
might discover source code, or bypass or circumvent measures
employed to prevent or limit access to any area, content
or code of the Service;
-
send to or otherwise impact us or the Service (or anything
or anyone else) with harmful, illegal, deceptive or
disruptive code such as a virus, "spyware," "adware" or
other code that could adversely impact the Service or any
recipient; or
-
take any action which might impose a significant burden
(as determined by us) on the Service's infrastructure or
computer systems, or otherwise interfere with the ordinary
operation of the Service.
-
Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL
EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS
(COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION")
THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED
SUBSTANTIAL HARM TO CASESARCADE.COM, BUT THAT THE AMOUNT OF THE
HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE
ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH
SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
-
MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES
-
No Duty to Monitor. We are under no obligation to restrict
or monitor the Service or any Content in any way. CASESARCADE.COM
DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT.
However, we reserve the right to modify or remove any Content at
any time. Any opinions, advice, statements, services, offers, or
other information or Content expressed or made available by third
parties, including other users, are those of the respective author(s)
and not of CasesArcade.com. CasesArcade.com neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice,
information, or statement made on the Service.
-
Right to Resolve Disputes. CasesArcade.com has the right, but
not the obligation to resolve disputes between users relating to
the Service and CasesArcade.com's resolution of a particular dispute
does not create an obligation to resolve any other dispute.
CasesArcade.com's resolution of any dispute is final with respect to
the Service.
-
PROTECTION OF CONTENT. On its own behalf and the behalf of
its licensors, CasesArcade.com reserves all rights in the Content, including
any software, not expressly granted hereunder in Section 5 or elsewhere
in this Agreement. CasesArcade.com does not in any way grant any other rights
to you. Except as expressly stated in Section 5 or elsewhere, you may not
reproduce, distribute, modify, publicly perform or display, or prepare
derivative works of any Content, including any software, without prior
written consent from CasesArcade.com or other third-party owner of the rights
in that Content (if any). You do not have permission to copy the design
elements, "look and feel" or layout of the Site. Those elements are
protected by law, such as trade dress, trademark, unfair competition, and
other laws, and may not be copied or imitated in any manner.
-
PRIVACY POLICY. Please see our Privacy Policy (include link,
if applicable). Our Privacy Policy is part of and incorporated into these
Terms. We reserve the right to contact you about these Terms or any
Content or activities relating to the Service.
-
TERMINATION OR CANCELLATION.
-
Right to Terminate. We may, at any time, without notice
to you, terminate your access to the Service, and your Account,
or block your access to the Service if:
-
we believe in our sole discretion that you may have
violated these Terms or have otherwise engaged in any
activities that may harm or damage the reputation, rights,
person, or property of CasesArcade.com, our users, or any
other person;
-
requested by law enforcement or other government agencies; or
-
your Account has extended periods of inactivity.
-
Notice of Termination. If applicable law requires us to
provide notice of termination or cancellation, we may give prior
or subsequent notice by posting it on the Site or by sending a
communication to any address (email or otherwise) that we have
for you in our records.
-
Effect of Termination. Upon termination of your Account
or the Service, your agreement with CasesArcade.com pursuant to
these Terms will also terminate, except that the following
provisions survive the termination: Section 4 "Posting Content
on the Service; Representations and Warranties," Section 5 "License
to use the Site; Membership", Section 6 "Ownership of Rights;
License Rights; User Submissions," Section 10 "Protection of
Content," Section 14 "Indemnification," Section 15 "Disclaimer of
Warranties," Section 16 "Exclusion of Damages; Limitation of
Liability," and Section 20 "Additional Terms" and the Privacy
Policy. If your Account or access to the Service is terminated,
you may no longer have access to the Content you posted on the
Service.
-
DEALINGS WITH MERCHANTS; LINKS
-
Advertisements and Links. The Service contains
advertisements, offers, or other links to websites of third
parties that we do not control. Advertisements and other
information provided by third parties may not be wholly accurate.
CasesArcade.com is not responsible or liable for (i) the
availability or accuracy of such sites or advertisements; or
(ii) the content, products or services available from such sites.
The inclusion of any link on the Service does not imply that we
endorse the linked site. You use the links at your own risk.
CasesArcade.com Privacy Policy is applicable only when you are on
our Site. Once you link to another website, its privacy statement
applies to any personal information you supply.
-
Transactions with Third Parties. Your transactions and
other dealings with third party merchants or advertisers that
are found on or through the Service, including "click to
purchase," "co-registration," and other similar programs,
including payment and delivery of related goods or services,
are solely between you and such merchant or advertiser.
-
INDEMNIFICATION. You agree to hold CasesArcade.com and
Thulium Software, LLC, and their subsidiaries, affiliates (for example, those
listed at www.demandmedia.com), officers, directors, employees,
agents, attorneys, and suppliers, and each of their respective
successors and assigns (collectively, the "Indemnified Persons"), harmless
from, and indemnify them for, all damages, costs, expenses and other
liabilities, including reasonable attorneys' fees and expenses, relating
to any claim arising out of or related to: (i) your access to and use of the
games, software, and other aspects of the Service and the Content; (ii) your
violation of these Terms, and any applicable law or the rights of another
person or party; (iii) any dispute you have with any user of the Service and
any dispute you have related to any merchant or advertising found on or
through the Service; (iv) CasesArcade.com's resolution (if any) of any dispute
you have with any user of the Service; (v) your improper authorization for
CasesArcade.com to collect, use or disclose any Content provided by you; and
(vi)any disclosures made with your permission.
-
DISCLAIMER OF WARRANTIES. CASESARCADE.COM PROVIDES THE SERVICE
"AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW,
CASESARCADE.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE
INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE.
CASESARCADE.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, CASESARCADE.COM EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE
OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY,
THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE
RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT
OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
-
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU
OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL,
STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF
DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT
(INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE
FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED
PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
-
COPYRIGHT INFRINGEMENT/DMCA.
-
CasesArcade.com respects the intellectual property rights of others
and requests that users of the Service do the same. If you
believe that your work is being used on the Service in a way that
constitutes copyright infringement, you may notify us by
providing our copyright agent with the following information in
writing:
-
the electronic or physical signature of the owner of the
copyright or the person authorized to act on the owner's
behalf;
-
identification of the copyrighted work that you claim has
been infringed;
-
identification of the material that is claimed to be
infringing and information reasonably sufficient to permit
CasesArcade.com to locate the material (for example, by
providing a URL to the material);
-
your name, address, telephone number, and email address;
-
a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; and
-
a statement that the information in your notification is
accurate and a statement, made under penalty of perjury,
that you are the copyright owner or are authorized to act
on the copyright owner's behalf.
-
Our designated agent to receive notification of claimed
infringement can be reached at:
-
Thulium Software Copyright Agent
1500 E. College Way Suite A PMB 437
Mount Vernon, WA 98273
Fax: 360-205-0944
legal@thuliumsoftware.com
-
It is our policy to terminate in appropriate circumstances any
Account or user for repeated infringement of intellectual
property rights, including copyrights, and we also reserve the
right to terminate an Account or user for even one instance of
infringement.
-
CasesArcade.com may access, preserve and disclose to third parties
any of your information or data (including personally
identifiable information and private communications) related to
a written complaint of copyright infringement if we believe in
our sole discretion that such access, preservation, or disclosure
is necessary or useful to respond or otherwise address such
complaint.
-
CUSTOMER SUPPORT. We have no obligation to provide you with
customer support of any kind. However, we may provide you with customer
support from time to time, at our sole discretion, if you have created
an Account and you submit your customer support questions using your Account.
-
NOTICES AND CONTACT INFORMATION. Except as otherwise provided
in these Terms, CasesArcade.com will give you any notices by posting them on
the Site. Since notice of any material change to the Terms will be posted
to the Site for at least 30 days, we encourage you to visit the Site at least
that often. You also authorize CasesArcade.com to send notices (including notice
of subpoenas or other legal process, if any) via electronic mail to either
your CasesArcade.com email account or to the non-CasesArcade.com email address that
we have on record for you. You must check the Site for notices, and you will
be considered to have received a notice when it is made available to you by
posting on the Site or when sent by CasesArcade.com via electronic mail,
whether or not received by you. CasesArcade.com may provide notice to any email
or other address that you provide to us. You must keep your address current
and any notice sent by CasesArcade.com to the address that you have most
recently provided is effective notice. With the exception of notices related
to removal of licensed material and to copyright infringement as described in
Sections 6 and 17 above, respectively, you must send us any notice by mailing
it to our address for Legal Notices which is: Thulium Software LLC, 1500 E. College Way
Suite A PMB 437 Mount Vernon, WA 98273, Attn: Legal Department.
-
ADDITIONAL TERMS
-
Agreement to Conduct Transactions Electronically. All
of your transactions with or through the Service may, at our
option, be conducted electronically from start to finish. If
we decide to proceed non-electronically, those services will
still be governed by the remainder of these Terms unless you
enter into different terms on a form provided by us. If the
law allows you to withdraw this consent or if we are ever
required to deal with you non-electronically, we reserve the
right to charge or increase fees and you agree to print or make
an electronic copy of the Terms and any other contract or
disclosure that we are required to provide to you.
-
Compliance with Laws. You are responsible for compliance
with applicable local laws. Access to the Service Content by
certain persons or in certain countries may not be legal.
-
No Agency; No Third Party Beneficiary. These Terms do
not create any agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship. Except
for the Indemnified Persons, there are no third party
beneficiaries of these Terms.
-
Severance. If any part of the Terms is held by a court
of competent jurisdiction to be invalid or unenforceable, the
invalid or unenforceable part will be given effect to the
greatest extent possible and the remainder will remain in full
effect, provided that the allocation of risks described in
these Terms is given effect to the fullest extent possible.
-
Assignment. These Terms are personal to you and you may
not transfer, assign or delegate them to anyone without the
express written permission of CasesArcade.com. Any attempt by you
to assign, transfer or delegate these Terms without the express
written permission of CasesArcade.com will be null and void.
CasesArcade.com has the right to transfer, assign and delegate these
Terms to one or more third parties without your permission.
-
Jurisdiction; Choice of Law; Export Limitations. This
Service is controlled by us from our offices in the United
States of America and is directed to U.S. users. If you access
the Service from locations outside the U.S., you do so at your
own risk and you are responsible for compliance with applicable
local laws. You may not use or export anything from the Service
in violation of U.S. export laws and regulations or the Terms.
These Terms and all performances and claims of every nature
between us are governed by the laws of the State of Washington,
U.S.A., without regard to any conflicts of laws principles that
would result in the application of the law of a different
jurisdiction. You and CasesArcade.com submit to the exclusive
personal jurisdiction and venue of the state and federal courts
located within Skagit County, Washington.
-
Limitations on Actions. Any action concerning any dispute
with respect to the Service must be commenced within one year
after the cause of the dispute arises, or the cause of action
is barred.
-
Interpretation. The paragraph headings in these Terms are
included to help make these Terms easier to read and have no
binding effect. As used in these Terms, the words "include" and
"including" are meant to be illustrative and not exhaustive.
-
Entire Agreement. These Terms (including terms incorporated
into them, e.g., the Privacy Policy) and any policies and
guidelines posted to the Service by CasesArcade.com comprise the
entire agreement (the "Entire Agreement") between you and
CasesArcade.com with respect to the use of the Service and supersede
all contemporaneous and prior agreements between the parties
regarding the subject matter contained herein, and neither party
has relied on any representations made by the other that are not
expressly set forth in the Entire Agreement.
-
No Waiver. The failure of any party to exercise or enforce
any right or provision of these Terms, including any failure to
act with respect to a breach, will not constitute a waiver of such
right or provision or that party's right to act with respect to
subsequent or similar breaches. We suggest that you print out a
copy of these Terms for your records.
-
FURTHER INFORMATION
If you have a complaint, you may contact us at Thulium Software LLC Legal Department,
1500 E. College Way Suite A PMB 437 Mount Vernon, WA 98273.
-
LEGAL NOTICES.
-
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive
computer service that parental control protections (such as
computer hardware, software, or filtering services) are commercially
available that may assist in limiting access to material that is
harmful to minors. A report detailing some of those protections
can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html
(Children's Internet Protection Act: Report on the Effectiveness
of Internet Protection Measures and Safety Policies).
-
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION
TO CASESARCADE.COM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC
MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT
DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT;
OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE
PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE
TRANSMITTED.
-
NOTICE RE TRADEMARKS
The trademarks CasesArcade.com, Thulium Software, LLC and all other trademarks
listed below or used in the Service are owned or used under
license by CasesArcade.com and its affiliated organizations. The
names of third parties and their products mentioned may be their
trademarks. You may not use any of the above or other trademarks
displayed on the Service or in any Service content. All rights are
reserved.
NOTICE RE COPYRIGHT OWNERSHIP: ' Thulium Software, LLC All rights reserved.
...