PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE. BY USE OR ACCESS OF THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED AND ALL TERMS INCORPORATED HEREIN. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
This document contains the terms and conditions (“Terms”) governing your access to, and use of , the MC Website located at www.MajorCommand.com and all other officially associated websites(collectively referred to as the "Website"), and all features, functions, services and software provided through this Website. The Website, and the associated features, functions, and services, collectively constitute the "Service."
1. Legal Agreement
These Terms constitute a legal agreement between you and MajorCommand LLC (MC). Your use of this Website shall constitute your agreement to accept and be bound by the terms and contained within these Terms. It also constitutes your agreement to comply with any Rules of Conduct that may appear on the Website or otherwise provided to you by MC (the "Rules of Conduct"). Please do not access or otherwise use the MC Website, if you do not agree with any of these Terms. Within this Agreement, the terms "We/us/our" refer to MajorCommand LLC. "You/your" refers to you as a user of the Website.
You hereby represent that you have the legal capacity to accept these Terms and enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or any other applicable jurisdiction. You understand that the services being offered may include certain communications from MC, such as administrative messages and announcement or other such information, and you understand that these communications constitute part of the Service being offered by the Website. You also understand that you may have the right to opt out of receiving them.
Your use of the Website and the Service is at all times subject to these Terms and the Rules of Conduct. These Terms govern all user identities which are created on the Website.
2. Changes to terms
MC may, at any time, make changes to these Terms and the Rules of Conduct at its sole discretion. Any amendments and modifications to these Terms and Rules of Conduct will be effective immediately after being published on the Website. You agree to, and are responsible for, periodically checking this Agreement and the Rules of Conduct so you will have familiarity with their contents as they may be modified from time to time. By continuing to use any part of the Service, you signify your acceptance of any updated or revised terms. You must stop using this Service if you do not agree to the amended terms.
MC provides free-to-play, multi-player online strategy games to registered users and provides other related services, features and functions which are available through the Website. These include chat and community forums, and other interactive areas.
4. Proprietary Rights
MC owns the Website, the Software and the Service, which are protected by US and international law including laws related to copyright. All rights and title in and to the Website, the Software and the Service, all features and content therein (including without limitation any user accounts, game software, computer code, files, client and server software, tools, updates, skins, objects, maps, content, text, catch phrases, concepts, artwork, designs, sound recordings, graphics, pictures, documentation, video, animation, sounds, musical compositions, audio-visual effects, information, data, "applets", chat transcripts, game play, and recordings and the selection and arrangement thereof (collectively the "Proprietary Materials") are the proprietary property of MC and are protected by U.S. copyright, international copyright and other proprietary rights laws. In the event that you make any adaptations or modifications to, or derivative works of, the Proprietary Materials (the "Modifications"), whether they be authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to MC. You hereby assign and transfer to MC, any and all rights you may have in and to such Modifications, without any compensation.
To access certain features and functions of our Service, you may be required to create an account (an "Account"). To create an Account you must be 13 years of age or older. If you are 13 years of age or over, but under the age of 18, we require that you review these Terms with your parents or guardian to ensure they read and agree to them. Please contact us at info@MajorCommand.com if you are the parent of guardian of a user of our website and you have questions about this website or these Terms.
By creating an Account or otherwise using the Service, you represent that you are at least 18 years of age and agree to these Terms, or that you are over 13 years of age but under 18 years of age and that your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Service. An Account may be used by only one person.
Notwithstanding the above, certain portions of our Website and some of our games may contain contents of a mature nature that are not suitable for anyone under the age of 18 years. To access such content, we will require that you confirm that you are 18 years of age or older. By entering any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or that you are the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. MC shall not in any way be responsible for your failure to accurately confirm your age according to the terms hereunder.
MC is not responsible for any misuse of your user identity ("User ID") or of your Account. You agree to hold MC and its affiliates harmless from and against any improper use of your Account or your User ID and to accept all risks of unauthorized access to your Account, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised and that you are responsible for maintaining the confidentiality and security of your User ID and password. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security known to you in relation to the Website or the Service. You are solely responsible for all activities and transactions that occur under your Account, and MC is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. MC provides you with the option to regularly change your password in order to safeguard your Account.
Your Account may be deactivated if you do not use your Account within three months from the date of creation or for any continuous period of twelve months thereafter. If you do not use your Account for a continuous period of twelve or more months, the Website Administrator may remove and delete it at their sole discretion. Unless we are deleting your User ID for a violation of these terms or discontinuation of the Service, we will make reasonable efforts to notify you by e-mail before we delete your Account. However, we will not be liable in any manner for any failure to provide notice of this event. If, within five days of the notice, you advise us that you want to keep your Account active, it will not be deleted. Failure to notify us may result in your Account being permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any period of notice, MC reserves the right to discontinue the Service or to suspend or terminate your account at any time at its sole discretion for any reason, or for no reason.
For information regarding the
collection, use and distribution of personal information collected through
the Website, which is currently located at http://www.MajorCommand.com/
You agree and understand that when you communicate with other players within a game or utilize any interactive features available on the Website, such as messaging, commenting, chat rooms or forums, these communications and postings are transmitted through servers belonging to MC, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private”. You acknowledge that you expressly consent to such monitoring and that you have no expectation of privacy with respect to any such communications or postings.
MC grants to you, for your non-commercial and personal use only, a limited, non-exclusive, revocable, non-transferable and non-sub licensable license to access and use the Service and the Proprietary Materials, subject to these Terms and any applicable End User Licence Agreement (EULA).
Except as expressly permitted by these Terms or in the applicable EULA, the license does not include, and you agree not to engage in, any: (a) sublicense, resale, lending or commercial use of the Services or the Proprietary Materials contained therein, (b) distribution, public performance or public display of any Proprietary Materials except in connection with normal game play, (d) modifying, altering, enhancing, or otherwise making any derived uses of any Games, game content or other Proprietary Materials, or any portion thereof , (e) use of any data mining tools or similar data gathering or extraction methods, (f) downloading (other than the page caching) of any portion of the Proprietary Materials or any information contained therein, except as expressly permitted on the Site, (g) reverse engineer or decompile the Proprietary Materials, or otherwise attempt to obtain source code from the Games or other software included in the Proprietary Materials, (h) any use of the Services or the Proprietary Materials other than for its intended purpose. Any use of the Service or the Proprietary Materials other than as specifically authorized herein, without the prior written permission of MC is strictly prohibited and may terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Nothing in these Terms shall be construed as conferring any license to or rights in intellectual property rights, whether by estoppel, implication or otherwise, unless explicitly stated herein. This license may be cancelled at any time with or without cause.
9. User Content
The Service may include discussion forums, chat rooms, messaging features, comments and other interactive areas (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, information, text, sound, graphics, photos, video, code or other items on or through the Website (the "User Content"). User Content posted on the Website is publicly available and is not confidential. It will become the sole property of MC and MC strongly recommends that you do not publish any personal information about yourself or others. In respect of your use of the Service, you hereby transfer and assign to MC all rights, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein. Without acknowledgment or compensation to you, MC shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise. You are solely responsible for your use of such Interactive Areas and for the User Content posted by you.
You agree not to upload to, post, distribute, transmit, store, create or otherwise publish, any of the following material through the Site:
(a) Any user Content that is defamatory, unlawful, libelous, obscene, pornographic, indecent, lewd, improper, harassing, threatening and invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise likely to cause offence.
(b) Any User Content that would constitute, encourage or provide instructions for a criminal offense, that would violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
(c) User Content that may infringe any trade secret, patent, trademark, copyright or other intellectual property or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce it.
(d) User Content that pretends to be any person or entity or otherwise misrepresents your association with a person or entity.
(e) Unsolicited promotions, political campaigning, advertising or persistent requests.
(f) Private information of a third party, including, but not limited to, phone numbers, addresses, email addresses, Social Security numbers and credit card details.
(g) Viruses, corrupted data or other damaging, disruptive or destructive files.
(h) User Content that violates the Rules of Conduct or that is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, in the sole judgment of MC, or which may expose MC or its users to any harm or liability of any type.
Your use of Interactive Areas is at your own risk. MC assumes no responsibility and no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. MC is not liable for any errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may experience and encounter. MC is not liable for any statements, representations or User Content provided by its users in any personal home page, public forum or other Interactive Area. MC has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area. However, MC reserves the right, and has absolute discretion and without notice, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content posted or stored on the Site at your sole cost. Any use of the Interactive Areas or other areas of the Site in violation of these Site Terms may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post to the Site or that you have the right to post such User Content; (b) the User Content is accurate and not likely to deceive; (c) the use and posting of the User Content you supply does not violate these Terms or the Rules of Conduct nor will it violate any rights of or cause injury to any person or entity. You shall be solely liable for any harm resulting from any User Content you provide including all royalties, fees, damages and any other monies resulting from any infringement of such rights.
10. User Conduct
When using the Website and the Service, you must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common courtesy. Any conduct that violates the law in an offline, real world community is also a violation of these terms. MC will not accept any illegal or unpleasant behavior. Without limiting the preceding terms, and in addition to the User Content rules set forth in Section 9, you agree not to take any of the following actions:
(a) Impersonate any person or entity, including any forum leaders, guides, MC officials, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(b) Falsify headers or otherwise manipulate message identifiers in order to disguise the origin of any message transmitted through the Website.
(c) Upload, post, transmit or make available in any other way, any unsolicited or unauthorized advertising, promotional materials, spam, "chain letters", "pyramid schemes", or any other form of solicitation.
(d) Harm minors in any way.
(e) Interfere with or disrupt the Service, the Website or servers or networks associated with the Website, or disobey any requirements, policies and procedures, or regulations of networks connected to the Website.
(f) "Stalk," threaten or otherwise annoy or cause discomfort to another user of the Website.
(g) Collect, store, post or otherwise disseminate any private information about other users.
(h) Impede or disrupt the Service or the normal course of game play or dialogue in the game or in Interactive Areas of the Site or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb employees of MC or other users.
(i) Engage in or promote any illegal activity, or any activity that violates these Terms or the Rules of Conduct.
(j) Engage in any activities that defraud or attempt to defraud scam or cheat others out of any items that have been earned through authorized and legitimate game play.
(k) Cheat or implement unauthorized activities in connection with the Games or the Service.
(l) Use or exploit any bugs, errors, or design flaws in the Service to gain an unfair advantage over other players, or to obtain unauthorized access to the Service.
(m) Trade, auction or otherwise transfer any goods or virtual items of any nature outside the boundaries of the game.
(n) Take any action that disrupts the Service or that negatively impacts other users or may prohibit other users from enjoying the Website, the Games or any other aspect of the Service.
Without prior notice or warning, MC may take any actions and impose any penalties it deems necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct. The decision as to whether a violation has occurred and who is responsible for such violation is solely within MC's discretion, and is based on MC’s opinion on what is best for the community and the Website. By using the Website, you agree you will be bound by MC's decision as to whether a violation has occurred and any subsequent penalty we choose to impose.
You are granted a limited and non-exclusive right to create a text hyperlink to the Website for non-commercial purposes. This link must not portray MC or any of its products and services in a false, misleading, offensive or otherwise defamatory manner and the linking site must not contain any adult or illegal material or any material that is harassing or offensive in any way. At any time, this limited right may be revoked. You may not use an MC logo or other proprietary graphic of MC for the purpose of linking to this Website without first obtaining the express written permission of MC. Furthermore, you may not use framing techniques to enclose any images found on the Website, any MC trademark, logo or other proprietary information, including the content of any text or the layout/design of any page or form contained on a page on the Website without first obtaining MC's express written consent. Except as noted above, you are not given ownership of any right or license by implication, estoppel or otherwise in or under any patent, trademark and copyright or proprietary right of MC or any third party.
In relation to third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the Website, MC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of these sites. Such sites are not under the control of MC. MC is not responsible for the contents of any linked site or any link that may be contained in a linked site, or any changes or updates to such sites. These links are provided to you by MC as a convenience, and the inclusion of any link does not imply affiliation or endorsement by MC of any information contained therein. Upon leaving the Website, you should be aware that our terms and policies no longer govern, and you should review the terms and policies of any site to which you navigate from the Website, including privacy and data gathering practices,.
12. Third Party Content
MC may provide or make available on the Website or through the Service, third party content and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those with an interest. MC does not control or monitor any Third Party Content or third party Web sites. MC does not endorse or assume responsibility for any Third Party Content and makes no guarantee as to its accuracy or completeness. MC undertakes no responsibility to update or review any Third Party Content. Users make use of such Third Party Content at their own risk.
13. Advertisements and promotions; Third-party products and services
MC may run advertisements and promotions on the Website from third parties or it may otherwise provide information about or links to third-party products or services. Your correspondence or business dealings with, or participation in promotions from, such third parties, and any associated terms, conditions, warranties or representations are solely and entirely between you and such third party. MC is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of such third party information or non-MC advertisers or on the Website.
14. Official Service and Beta Testing
The games as offered through our Services at the Website are designed for play only. You agree not to access, provide or create any alternative means through which the game may be played by others, such as server emulators. You agree not to use any software or hardware which is not authorized by MC, including but not limited to third party tools, which may in any way influence or give you an advantage over others in the use of the Services, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human participation. You may use the Software to the extent expressly permitted by these Terms and the applicable EULA and you acknowledge that you do not have the right to create, distribute, publish, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games. You may not take any action which puts an unreasonably large load on our infrastructure. You do not have ownership of any Accounts, maps, or Proprietary Materials and may not sell, transfer, trade or auction such items, nor may you assist others in doing so, unless expressly authorized by MC. Any transfers occurring outside of the Service of anything related to the Service are not recognized by MC.
You may be presented with the opportunity to Beta test new Website features and new games ("Beta Games"). Your involvement as a Beta tester is subject to the terms and conditions set out below.
You acknowledge that you are participating in a beta test (the "Beta Test") and that the you are using a preliminary, preview edition of the Website’s features and Beta Games, and that the Beta Games site and Website features may contain bugs, they may not operate properly or perform all functions as intended, may interfere with the functioning of other software applications, and may cause errors, loss of data or other problems. Closed Beta Tests are confidential activities, and you agree to that all information about the Beta Games, the Services and the Beta Test, including without limitation any feedback, comments or ideas (collectively the "Feedback") that you provide to MC regarding the Beta Test, shall be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any way, except for your personal use for the sole purpose of conducting the Beta Test. You agree to protect and prevent the Confidential Information, or any part thereof, from disclosure to any unauthorized person and to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the possession of unauthorized persons or into the public domain. All Confidential Information shall remain the sole property of MC. It MC may make use of such Confidential Information for any purpose without any obligation to you. You will personally carry out the testing and will not provide any other person with access to Beta Games. You agree that breach of the above confidentiality obligations may cause irreparable harm to MC, and in such case MC is entitled (in addition to any other remedies available to it) to ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to confidentiality of the Beta Games will continue until MC distributes publicly, or has otherwise disclosed to the public, each of the games and the content that you have been involved with testing.
You are invited to play Beta Games for the sole purpose of evaluating the games and identifying errors in their performance. Nowhere in these Terms, or on this Website, are you granted 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 available" basis and we make no express or implied warranty to you of any kind. You understand and agree that you play Beta Games at your own risk, that you know that these Beta Games may include known or unknown bugs, and that MC has no obligations to you with respect to Beta Games, including without limitation to provide such games to you in the future free of charge.
Whilst playing some Beta Games, you may accumulate experience points, treasure, equipment, or other indicators of value or status. This data may be reset at any time during the testing process, and when the game completes the testing phase. In such an event, all player history and data will be erased and each player will return to novice or beginner status.
MC may charge fees to participate in game activities on the Website or to access and acquire certain game items, features or options. From time to time, MC may modify, amend, or supplement its fees, billing processes and terms applicable to any purchases on the Website. In such event, MC will post those changes in these Terms, in separate Terms of Sale or in other terms or agreements posted on the Website or otherwise provided to you by MC. These shall be effective immediately upon posting on the Website and shall be incorporated by reference to these Terms. You may cancel your account at any time, if any change is unacceptable to you.
If for any reason, you claim a chargeback, we have the right to investigate and dispute each such chargeback. If we believe that your chargeback requirement is invalid, spurious or unreasonable, we may take the dispute to court. In the event that your chargeback is deemed invalid, you agree to pay all fees and costs resulting from the disputed chargeback, including but not limited to chargeback fees, legal fees and expenses, damages and monies lost due to non-operation.
Any applicable fees and charges may be paid for by major credit card, PayPal® or other such methods authorized by MC at that time.
16. Interruption of Service
(a) MC reserves the right to interrupt the Service from time to time to perform maintenance, on a regularly scheduled basis or otherwise with or without prior notice. You agree that MC shall not be liable for any interruption to the Service or delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that MC cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so and that the Service may be interrupted for reasons beyond the control of MC. You agree that MC shall not be liable for any interruption to the Services or delay or failure to perform resulting from any causes whatsoever.
(c) MC has the right at any time and at its sole discretion with or without reason, to change and/or eliminate any aspect(s) of the Services as it sees fit.
(d) MC is not be obligated to refund all or any portion of any Account fee, resulting from any interruption of the Services by reason of any of the circumstances described in paragraphs (a) or (b).
17. Disciplinary Action/Account Termination
MC MAY TERMINATE, SUSPEND, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITHOUT REASON AND WITHOUT NOTICE.
In the event of user violations, MC may choose to issue warnings, suspensions and terminations of Accounts. MC retains the sole discretion as to when and how to impose these warnings, penalties and/or disciplinary actions. In making our decision, we consider the severity and frequency of the violation. However, any decision shall be at the absolute discretion of MC. Notwithstanding this, MC retains the right to terminate or suspend your account at any time for any or no reason, with or without warning and with or without notice.
For the avoidance of any doubt, you hereby acknowledge that MC has sole discretion with regard to the termination of your Account, even if there may be credits remaining on your Account. In the event that you believe that you or your Account has been unfairly disciplined, please contact us with a fully detailed explanation of the circumstances.
You may terminate or cancel your Account at any time upon delivery of due notice to MC. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any event related to: (a) any term of this Agreement or MC’s enforcement of this Agreement, (b) the User Contents, (c) your ability to access and/or use the Service or the Website, (d) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
MC reserves the right to collect any accrued fees and costs incurred by MC prior to your cancellation. In addition, you are responsible for any fees and costs incurred to third-party vendors or content providers prior to your cancellation. In the event that your Account is terminated or canceled for any reason, or for no reason, no refund will be granted to you, no online time or other credits will be credited to you or converted to cash or any other form of reimbursement, and you will have no further access to your Account. Any unpaid accounts or accounts with unresolved disputes must be settled by you before MC will consider allowing you to register again.
You agree to defend, indemnify and hold harmless MC, its service providers and consultants, independent contractors, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, any User Content you post, store or otherwise transmit on or through the Website, , any misuse of the Service, your violations of these Terms, or your violation of the rights of any third party.
You hereby acknowledge and agree that:
(a) MC MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE.
(b) You may not hold MC responsible for any losses as a result of your use of the Service. You may not hold MC accountable for any information that is passed between players. MC does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any losses or consequences arising from the improper use of such information. You may not hold MC responsible for loss of any in-game feature or item. MC does not guarantee to the players, the availability of any in-game items, any Services or any levels.
20. Disclaimer of Warranties
YOU CLEARLY UNDERSTAND AND AGREE THAT:
(a) THE SERVICE, THE GAMES, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. MC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. MC DOES NOT WARRANT OR REPRESENTTHAT THE SERVICE, GAMES, WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE COMPLETE, ACCURATE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. MC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE GAMES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(b) MC AND ITS SUBSIDIARIES, EMPLOYEES, AFFILIATES, OFFICERS, PARTNERS, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) ANY SUCH ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) MC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE. HOWEVER, MC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) HAS NO VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT, NEGATE AND REMOVE VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN VIEWING CERTAIN BACKGROUNDS OR LIGHT PATTERNS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE EPILEPTIC SYMPTOMS THAT WERE PREVIOUSLY UNDETECTED EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANY MEMBERS OF YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, YOU SHOULD CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE, YOU SHOULD IMMEDIATELY CEASE USING THE SERVICE AND CONSULT YOUR PHYSICIAN: DIZZINESS, EYE OR MUSCLE TWITCHES, ALTERED VISION, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSIONS.
(e) ANY REFERENCE TO PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BE IT BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY RECOMMENDATION, ENDORSEMENT OR SPONSORSHIP THEREOF, OR ANY AFFILIATION THEREWITH, BY MC.
21. Limitation of Liability
IN NO EVENT SHALL MC, ITS DIRECTORS, MEMBERS, AFFILIATES, EMPLOYEES, SUBSIDIARIES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE GAMES, THE SERVICE OR ANY OF THE MATERIALS OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USERS ON ANY INFORMATION OBTAINED FROM MC, OR THAT RESULT FROM ERRORS, INTERRUPTIONS, OMISSIONS, DELETION OF FILES OR EMAIL, MISTAKES, ERRORS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, ACTS OF GOD OR UNAUTHORIZED ACCESS TO MC'S SERVICES, RECORDS OR PROGRAMS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MC, WHETHER IN CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE OR ANY OF THE GAMES EXCEED ANY COMPENSATION YOU PAY, TO MC FOR ACCESS TO OR USE THEREOF.
Some states do not allow the preceding limitations of liability, so they may not apply to you. In such a case you agree that MC’s (or any such other related party) liability to you shall be limited to the maximum extent permitted by law. You agree that MC cannot be held responsible or liable for anything that occurs or results as a consequence of accessing or subscribing to the Services.
22. Repeat infringer Policy
Under the terms of the Digital Millennium Copyright Act (DMCA) and other applicable law, MC has adopted a policy of terminating, at MC's sole discretion and in appropriate circumstances, subscribers or account holders who are considered to be repeat and persistent infringers. MC may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of there being any repeat infringement.
This Agreement is governed by and shall be enforced under the laws of the State of Delaware, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. MC and you each hereby irrevocably consent to the authority of the courts of the State of Delaware for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement. MC and you each agree that any action or proceeding instituted under this Agreement shall be brought only in the federal or state courts of Sussex County, State of Delaware. Our failure to act with respect to a breach by you or others does not waive our right to act in the event of subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions. The section headings used within this Agreement are for reference only and shall not be read as having any legal effect.
We hope you enjoy your stay on our Website and take full advantage of our online community. Please remember that you are a guest at the Website and remember to act with the same courtesy and respect you would expect from other guests. MC always reserves the right to refuse or terminate service. Thank you again for visiting our Website.