Activ8 Game Terms of Use Agreement

The materials on this site are owned and managed by Activ8 Game.

This Terms of Use ("Agreement") sets forth the legally binding terms for your use of the site services. By using the services provided, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site), a "Subscriber" (which means that you have subscribed to: (i) receive one or more newsletter, email alerts or partner emails; or (ii) one or more Premium Online Subscriptions; or a "Member" (which means that you have registered with Activ8 Game). The term "User" refers to a Visitor, a Subscriber or a Member. You are only authorized to use the Site Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the site and discontinue use of the services immediately. If you wish to become a Member or a Subscriber and make use of the Site Services, you must read this Agreement and indicate your acceptance during the Registration or Subscription process.

 

If and when you register to become a Member of the Site or a Subscriber, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Membership Information" and (b) maintain and promptly update the Membership Information to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, Activ8 Game reserves the right to terminate your membership, subscription and/or your use of the site and/or remove from the site any User Content provided by you.

 

 

Activ8 Game reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice, and without liability. Activ8 Game expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Site Services if Activ8 Game determines, in its sole discretion, that you pose a threat to Activ8 Game and/or its Users.

1.            Eligibility. Use of, subscription to, and membership in the Site Services is void where prohibited. By using the Site Services, you represent and warrant that: (a) all Membership Information and Subscription Data you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are a Member or Subscriber, you are 13 years of age or older; and (d) your use of the Site Services does not violate any applicable law or regulation. Your Member profile may be deleted and your membership or subscription may be terminated without warning, if we believe that you are under 13 years of age.

2.            Term. This Agreement shall remain in full force and effect while you use the Site Services or are a Subscriber or a Member. Activ8 Game may terminate your subscription or membership at any time, without warning. Even after subscription or membership is terminated, this Agreement will remain in effect, including without limitation.

3.            Password. When you sign up to become a Member, you will also be asked to complete the Activ8 Game registration credentials and choose a password and username. You are entirely responsible for maintaining the confidentiality of your password and username. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Activ8 Game immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4.            Non-commercial Use by Users. The Site Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Activ8 Game. Illegal and/or unauthorized use of the Site Services, including, without limitation, collecting usernames and/or email addresses of Members or Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site Services.

5.            Purchasing Site Products
A. If and when you elect to purchase any service or products, including, without limitation: (i) subscription to any Membership Subscription; any additional services or products offered from time to time by Activ8 Game (collectively, the "Site Product"), from the Site Services, you may be required to provide personal financial information such as credit card and billing information (such information being the "Personal Financial Information") to an independent third party company (or companies) selected by Activ8 Game. You acknowledge and agree that any Personal Financial Information you provide on the Site and all payment obligations for such Site Products shall be governed by the terms of service of the applicable independent third party company responsible for collecting, transmitting and/or processing your Personal Financial Information. You should review the terms of service of the applicable independent third party company prior to placing you order. You must be 13 years of age or older to submit Personal Financial Information on the Site, including to purchase a Site Product on the Site. Once you have accessed any particular Site Product, whether by downloading, streaming or otherwise, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the extent of your viewing. You are responsible for any and all charges to your account.
B. If and when you elect to purchase a Site Product, you agree to: (a) provide true, accurate, complete, and current Personal Financial Information; (b) maintain and promptly update Personal Financial Information to keep it true, accurate, current, and complete. In addition you acknowledge and agree that: (i) the terms of the independent third party company (or companies) selected by Activ8 Game to collect, transmit and/or process your Personal Financial Information shall apply to all Personal Financial Information; and (ii) you expressly consent that your online order for the Site Product will be fulfilled by the applicable independent third party company selected by Activ8 Game. You acknowledge and agree that in the event such independent third party company experiences a data breach that compromises or otherwise affects your Personal Financial Information Activ8 Game will in no way be responsible or liable to you for any such breach. You shall contact the applicable independent third party company regarding such any data breach.
Activ8 Game reserves the right to refuse the purchase of any Site Product if Activ8 Game determines the User to be unsuitable for such purchase.
C. Subscription Renewal. If you subscribe to any Premium Online Subscription or your Subscription will be automatically renewed and the credit card you used to subscribe for such subscription will be charged per the billing cycle of your subscription (e.g. Monthly, 3-Month, 6-Month, Annual), unless you cancel the subscription prior to the renewal date. The renewal charge for your subscription shall be the same as the original purchase price, unless you are otherwise notified in advance. You acknowledge and agree that the authorization to charge your credit card for services shall automatically transfer to any successors or assigns of Activ8 Game for substantially similar services at the same or similar Site. You may not assign or transfer your subscription to any other person or entity. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials. You may review your account and subscriptions by clicking the My Profile link.
D. Subscription Cancellation and Refund Policy. If you request to cancel your subscription or if your subscription is canceled by Activ8 Game because you violated this Agreement, you will not receive a refund for any unused portion of the current subscription.


6.            Proprietary Rights in Content on the Site.
A. Activ8 Game does not claim any ownership rights in the text, files, images, photos, video, stills, audio, sounds, musical works, works of authorship, or any other materials (collectively "Content") that you may post to the Site Services (Content posted by any Member, "User Content"); provided. After posting your User Content to the Site Services, as between Activ8 Game and you, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose; provided that such User Content is not owned by Activ8 Game or its affiliates. By displaying or publishing ("posting") any User Content on or through the Site Services, you hereby grant to Activ8 Game and our affiliates, licensees and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, modify, create derivative works based upon, publicly perform, publicly display, reproduce, and distribute such User Content on and through all media formats now known or hereafter devised, (including, without limitation, through the Site or mobile devices), for any and all purposes including, without limitation, promotional, marketing, trade or commercial purposes. Activ8 Game‘s use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity.
B. You represent and warrant that: (i) you own the User Content posted by you on or through the Site Services or otherwise have the necessary rights, licenses, consents and permissions to grant the license set forth in this Section; and (ii) the posting of your User Content on or through the Site Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person; You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Site Services.
Activ8 Game Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Activ8 Game, Activ8 Game owns and retains all rights in the Activ8 Game Content and the Site Services. Activ8 Game hereby grants you a limited, revocable, nonsublicensable license to use the Activ8 Game Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services.

7.            You are also strictly prohibited from creating works or materials (including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise) that derive from or are based on the Activ8 Game Content or materials contained on the Site or through the Site Services. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. The only exception to this policy is if Activ8 Game provides the material to Users of the Site solely as part of a contest or challenge, however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright or other rights related thereto, will at all times remain the sole property of Activ8 Game.
D. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Site or through the Site Services.


8.            Content Posted.
A. Activ8 Game may delete any User Content that in the sole judgment of Activ8 Game violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Activ8 Game assumes no responsibility for monitoring the site services for inappropriate User Content or conduct. If at any time Activ8 Game chooses, in its sole discretion, to monitor the Site Services, Activ8 Game nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
B. You are solely responsible for the User Content that you post on or through any of the Site Services. Activ8 Game does not endorse and has no control over the Content. Content is not necessarily reviewed by Activ8 Game prior to posting and does not necessarily reflect the opinions or policies of Activ8 Game. Activ8 Game makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.


9.            Content/Activity Prohibited.
A. Please choose carefully the information you post on the Site and that you provide to other Users. Your Member profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, including, without limitation, photographs, video and/or text. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Activ8 Game assumes no responsibility or liability for this material. If you become aware of misuse of the Site Services by any person (including, but not limited to, any of the items listed in this Section 8), please contact us directly and include the nature of the misuse and include the URL of the related page in your e-mail.


10.        B. The following, in addition to the Rules of Conduct, is only a partial list of the kind of Content that is illegal or prohibited to post on or through the Site Services. Activ8 Game reserves the right to investigate and take appropriate legal action against anyone who, in Activ8 Game's sole discretion, violates this provision, including without limitation, removing the offending communication from the Site Services and terminating the membership of such violators. "Prohibited Content" includes, but is not limited to the following types of Content that, in the sole discretion of Activ8 Game:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. exploits people in a sexual or violent manner;
3. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
4. solicits personal information from anyone under 18;
5. provides any telephone numbers, street addresses, last names, URLs or email addresses;
6. contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing unauthorized copies of movies or television series or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); or
9. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.

C. The following, in addition to the Rules of Conduct, is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Site Services. Activ8 Game reserves the right to investigate and take appropriate legal action against anyone who, in Activ8 Game's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to any of the following activities:
1. spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement or theft of trade secrets.
2. covering or obscuring the banner advertisements on your personal profile page, or any Activ8 Game page via HTML/CSS or any other means.
3. interfering with, disrupting, or creating an undue burden on the Site Services or the networks or services connected to the Site Services.
4. attempting to impersonate another User or person.
5. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account.
6. selling or otherwise transferring your profile.
7. using any information obtained from the Site Services in order to harass, abuse, or harm another person.
8. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the Site Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose
9. using the Site Services in a manner inconsistent with any and all applicable laws and regulations.

D. With respect to the Site’s video player(s), you must not modify, enhance, or otherwise alter in any way any portion of a video player or its underlying technology. This restriction includes disabling or otherwise modifying a video service in a manner that enables Users to view the Content without using the Site’s video player(s). Also, you may not embed the Site’s video player(s) on any website or other location that contains Prohibited Content.

Notice and Procedure for Claims of Copyright Infringement.

Activ8 Game respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is the Site’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. Activ8 Game has a policy of terminating repeat infringers in appropriate circumstances.

If you believe that any material contained in this Site, or any material or activity contained on a site to which Activ8 Game, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify Activ8 Game of your copyright infringement claim in accordance with the procedure set forth below.

Activ8 Game will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:

A. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);

D. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

F. A statement that the information in the notification is accurate and a statement, made under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

. Unsolicited Submissions. Activ8 Game does not knowingly accept, via this Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Activ8 Game's policy is to simply delete any such submission without reading it or forwarding it to other Activ8 Game staff. Therefore, any similarity between an unsolicited submission and any elements in any Activ8 Game creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.

If unsolicited submissions are sent to Activ8 Game via this Site (including, without limitation, through any public forum) however, such submissions and any copyright become the property of Activ8 Game and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Activ8 Game sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Activ8 Game, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

 

. Activ8 Game Newsletters; Email Alerts. Activ8 Game may deliver newsletters and email alerts to Subscribers on a variety of Activ8 Game services and programming. If you would like to subscribe to any of the newsletters Activ8 Game offers, you may do so by visiting the area of the Site that you are interested in receiving newsletters or email alerts from. If you would like to change the e-mail address to which your Activ8 Game newsletters are delivered, please go to your profile page and update your email address or visit the Site page where you subscribed to such Newsletter.

 

. Privacy. Use of the Site Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

. Disclaimers. Activ8 Game is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Profiles created and posted by Members on the Site may contain links to other websites. Activ8 Game is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Activ8 Game. Inclusion of any linked website on the Site or the Site Services does not imply approval or endorsement of the linked website by Activ8 Game. When you access these third-party sites, whether or not sites operated by companies affiliated or connected with Activ8 Game, you do so at your own risk. When visiting any third-party sites you should refer to each such web site’s individual "Terms of Service" and not rely on this Agreement in any way. Activ8 Game takes no responsibility for third party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. Activ8 Game is not responsible for the conduct, whether online or offline, of any User of the Site Services. Activ8 Game assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Activ8 Game is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall Activ8 Game be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at a Activ8 Game event, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided "AS-IS" and as available and Activ8 Game expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Activ8 Game cannot guarantee and does not promise any specific results from use of the Site Services.

. Limitation on Liability. IN NO EVENT SHALL Activ8 Game AND/OR THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF Activ8 Game AND/OR THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF Activ8 Game AND/OR THE SITE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Activ8 Game AND/OR THE SITE FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.

. Disputes. If there is any dispute about or involving the Site Services, you agree that the dispute shall be governed by the laws of the State of New South Wales, Australia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Australia located in the State of New South Wales, City of Sydney for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site.

. Indemnity. You agree to indemnify and hold Fox, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your use of the Site Services in violation of this Agreement; (b) your breach of this Agreement; (c) any violation of the Rules of Conduct; or (d) any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Site Services causes Activ8 Game to be liable to another.

. Other. This Agreement is accepted upon your use of the Site or any of the Site Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Activ8 Game regarding the use of the Site Services. The failure of Activ8 Game to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

. Copyrights © / Trademarks (™). © 2013Activ8 Game. Activ8 Game-related trademarks are owned by Activ8 Game and its related entities or are used under license. All rights reserved. All Activ8 Game Content contained in the Site Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited except as may otherwise be allowed for in this Agreement.