TERMS OF USE


1. ACCEPTANCE OF TERMS

Welcome to the eGames.com website. This website is owned and operated by eGames, Inc. ("eGames," “we” or “us”). “eGames”, “we” or “us” refers to the website www.egames.com, and the games and web applications offered by eGames and accessed through this website and third party websites (collectively, the “Services”). This includes, without limitation, applications available on social network sites such as Facebook, Sonico, Orkut, MySpace and hi5 .

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using or accessing any of the Services, you agree to comply with and be bound by the following terms of use and any policies, guidelines or amendments thereto that may be updated on this website from time to time (“Terms”). If you do not agree to the Terms, do not access or use the Services. We may update the Terms without notice to you, and you are responsible for checking the most current version of the Terms at www.egames.com.
Your use of the Services following any modifications is considered your assent to the modifications. The Terms tell you what you can expect from the Services and the kind of online behavior we expect of you. All of the features of the Services, regardless of when they are added, are governed by the Terms. If you violate the Terms, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that eGames does not need to provide you with any notice before terminating or suspending your account(s). You agree that eGames may discontinue the Services or change the content of the Services at any time, for any reason, with or without notice to you, without liability.

You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

2. REGISTRATION/ADD APPLICATION.
You must register to become a member of eGames.com to use the full features of the website ("Registered User"). To register for the website, you must select a user name and a password. The use of an offensive user name is not allowed. When completing the registration you will provide true and accurate information, and update this information to keep it true and accurate. If you provide any information that is untrue or we have reasonable grounds to suspect that the information is untrue, we have the right to suspend or terminate your registration and access to the full features of the Services. Further, masking or hiding your email address is not allowed. We maintain a database of all email addresses and time stamps to identify users.

You must add the application to your Facebook account to be able to play the social game.

You are responsible for obtaining access to our Services, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access our Services. You are responsible for maintaining the confidentiality of your user name and password, and are responsible for all activities that occur under your user name and password. You will immediately notify us of any unauthorized use of your user name and password or any other breach of security.

3. INTELLECTUAL PROPERTY

You acknowledge and agree that all materials that are a part of the Services contain intellectual property owned or licensed by eGames and are protected by law from unauthorized use. The entire contents of the Services are copyright protected under the United States copyright laws and/or similar laws of other jurisdictions. eGames, the eGames logos, and all game names are trademarks of eGames or its licensees and may not be used without the express written permission of eGames. You do not acquire any ownership rights by using the Services, downloading material from or uploading material to the Services, or by purchasing any virtual goods or in-game currency. You agree not to reproduce, duplicate, copy, sell, resell, distribute or exploit for any commercial purposes, any portion of the Services. Your use of eGames software is governed by separate license agreements that you must agree to in order to access the software. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to eGames in connection with the use of the Services shall be the exclusive property of eGames. You agree that unless otherwise prohibited by law, eGames may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

4. IN-GAME/VIRTUAL CURRENCIES/GOODS
The Services may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to coins, cash, credits or points, that may be purchased from eGames or a contracted third party for real money if you are a legal adult in your country of residence.

The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from eGames or a contracted third party for real money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for real money, goods or other items of monetary value from eGames or any other party. You acknowledge and understand that you have no right or title in the Virtual Currency or Virtual Goods.

eGames has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and eGames shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Goods are subject to change without notice.

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Outside of the Services, you may not buy or sell any Virtual Currency or Virtual Goods for real money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from eGames Services and possible legal action.

You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in eGames' sole and absolute discretion, or if eGames discontinues providing the Services. YOUR PURCHASE OF VIRTUAL CURRENCIES AND/OR VIRTUAL GOODS IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THE SERVICES, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL GOODS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL GOODS. eGames shall have no liability for hacking or loss of Virtual Goods from your eGames account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any Virtual Goods lost due to your violations of these Terms. eGames reserves the right, without prior notification, to limit the order quantity on any Virtual Goods and/or to refuse to provide you with any Virtual Goods. Verification of certain information applicable to a transaction in Virtual Goods may be required prior to our acceptance thereof.

5. RULES FOR USE
Registered Users of the Services may post game reviews and commentary on eGames.com or within the eGames Services ("Postings"). Postings must not violate these Terms. We do not pre-screen Postings, but we have the right in our sole discretion to remove any Postings that violate these Terms. You may receive a warning from us if your user name was responsible for posting offensive Postings. If it is a serious offense or you have violated these Terms before, we may suspend or terminate your registration. You understand that all Postings are the sole responsibility of the Registered User from whom the Posting originated. This means that you, and not eGames or its affiliates, are entirely responsible for all of your Postings. We do not control the Postings posted on the eGames Services and do not guarantee the accuracy, integrity, or quality of those Postings. By using the eGames Services, you understand that you may be exposed to Postings that are offensive, indecent, or objectionable. We will not be liable for any Postings, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any Postings on the website.

Users of the Services may not:

1. post or transmit Postings that are unlawful, threatening, harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;

2. impersonate any person, including an eGames employee or agent;

3. post or transmit Postings that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

4. post or transmit Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships;

5. post or transmit advertisements, promotional materials, or other forms of solicitation;

6. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users of the Services;

7. interfere with the website or servers or networks connected to the website;

8. violate any local, state, national or international law;

9. collect personal data about other Registered Users or users of the Services.


You may report abusers by sending an email to abuse@egames.com.

We may store Postings indefinitely, and may also disclose Postings if required to do so by law or in the good faith belief that the preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that a Posting violates the rights of third parties; or (d) protect the rights, property, or personal safety of eGames employees, any users of the Services, or the public.

While eGames prohibits such use and content, you understand and agree that eGames may or may not prescreen content and shall have the right (but not the obligation) at its sole discretion to prescreen refuse or move any content submitted. You also understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use eGames Services at your own risk

6. EGAMES PRIVACY POLICY

When you register to become a member of the Services, you submit certain information about yourself. Our use of this information is governed by the eGames Privacy Policy.

7. INDEMNITY

You will indemnify and hold eGames, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Postings that you post or transmit, your use of the website, your violation of the Terms, or your violation of any rights of a third party.

8. MODIFICATIONS TO SERVICES

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services or any part of it with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

9. LINKED SITES

You may be able to link to third parties’ web sites ("Linked Sites") from the Services. We do not, however, review, control or examine Linked Sites in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein, and do not endorse any of them. It is your sole responsibility to comply with the appropriate rules applicable to the use of the Linked Sites. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services available through the Linked Sites.


10. DISCLAIMER OF WARRANTIES

Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information whether caused by Registered Users of the website or by any of the equipment or programming associated with or utilized in connection with the website or the products provided on or through the website. We assume no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Services. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any websites or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the eGames.com website.

THE SERVICES, INCLUDING ITS CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EGAMES, AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE EGAMES.COM WEBSITE, AND ITS CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


11. LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE EGAMES.COM WEBSITE OR THE SERVICES.

12. TRADEMARK INFORMATION

eGames, the eGames logo and other logos, products and service names are trademarks of eGames or its licensees. You must not display or use them in any manner.

13. COPYRIGHTS

If you believe that your work has been copied in a way that constitutes copyright infringement on the eGames.com website or in the Services, please provide our Designated Copyright Agent with the information specified below. Please note this procedure is exclusively for notifying eGames and its affiliates that your copyrighted material has been infringed upon on the eGames.com website or in the Services. The notification of claimed copyright infringement must be in writing and include the following:

- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work (or works) that you claim has been infringed;
- a clear description of where the material that you claim to be infringing is located on our Website including as applicable its URL, so that we can locate the material;
- your name, address, telephone number and e-mail 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Written notification for claims of copyright infringement related to the Services must be submitted to eGame’s Legal Department as follows:

Designated Copyright Agent:
Address:

Entertainment Games, Inc.
2000 Cabot Blvd. West, Suite 110
Langhorne, PA 19047
Attention: Legal Department
Fax: (215) 750-3722
Email: copyright@eGames.com

14. GENERAL INFORMATION

We operate our website from offices in the United States of America. We do not represent that materials on the website or in the Services is appropriate or available for use in other locations. Persons who choose to access the eGames.com website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Terms constitute the entire agreement between you and us and governs your use of the eGames.com website and the Services, superseding any prior agreements between you and us. The Terms and the relationship between you and us will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Bucks County, Pennsylvania. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms will remain in full force and effect. Any claim or cause of action arising out of or related to use of the eGames.com website, the Terms or the Services must be filed within one (1) year after the claim or cause of action arose or be forever barred.



Entertainment Games, Inc.
2000 Cabot Blvd West, Suite 110
Langhorne, PA 19047
USA