Terms of Service
WELCOME TO ALIENWARE ARENA!
These Terms of Service ("Terms") apply to a person or company's access to and use of the Alienware Arena website, found at http://www.alienwarearena.com/legal/terms (the "Site"), which includes without limitation the content of the Site, various functions, features, applications and downloads, and gaming products and services provided through the Site.
As used in these Terms, "we" (and its variant, "our" and "ours") means and refers to iGames, Inc ("iGames"), and "you" (and its variant, "your" and "yours") means and refers to the person who is accessing or using the Site. These Terms may be changed or updated by iGames at any time, but you can always find the most recent version at http://www.alienwarearena.com/legal/terms. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we may notify you of any amended terms by sending an email to the current email address we have for you. However, we suggest that you periodically check that page to make sure that your understanding of these Terms is up to date. These Terms may not be otherwise amended except in writing signed by you and iGames.
Acceptance of these Terms creates a binding legal agreement between you and iGames that you will use the Site only in a manner that is consistent with these Terms. If you have questions about these Terms, please contact us at email@example.com. Your use of the Site is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not proceed to registration and do not use any part of the Site. For greater certainty, this Site is not run by Dell Marketing LP, Dell Canada Inc. or any other direct or indirect subsidiary of Dell Inc. Accordingly, under no circumstances will any such Dell entity be responsible or liable to you in any manner relating to the Site.
BY CLICKING YOUR ACCEPTANCE OF THESE TERMS, OR BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND AGREE TO BE LEGALLY BOUND BY THEM.
When you register for events and activities through the Site, you may be required to agree to the official rules that may include eligibility, format and prize structure. You must register separately for each event or activity. Rules and eligibility may vary.
3. PRIVACY PRACTICES
You acknowledge that, as part of your registration process and in consideration for the privilege of using the Site, and to the extent permitted by applicable laws, we may send to your computer one or more "cookies" without any further notice to you. A "cookie" is information either temporarily or permanently stored in a file on your computer. You can set your internet browser to reject cookies (refer to your internet browser instructions if you wish to do so), but that may limit your use of some convenience features at this Site. We may also obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes. The Site also collects information from you in the course of your navigation of the Site, such as the URL of the site you just came from, the browser version you use, IP ports, date/time of access, size of data transferred, pages you visit, and other "clickstream" data. We are typically not able to relate such data to you as an individual if you merely browse our Site and do not disclose your identity to us, e.g., in connection with a registration. Furthermore, to the extent permitted by applicable laws, we may obtain non-personal data from your Internet browsing software in order to make certain demographic assumptions regarding the users of the Site without any further notice to you. If we are contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of the Site, we will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of the Site, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file.
If you object to your data and other personal information being collected or used in the above ways, then do not use or register on the Site.
4. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Site or through the Service, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, such materials or content. You understand that iGames is unable to provide you with permission to copy, display or distribute material which you do not own. You may not copy or distribute such material without the written consent of the owner. You are solely responsible for any violations of law that you may incur as a result of your activities on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from iGames is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
If you believe that your work or the work of another has been placed onto the Site in a way that constitutes copyright infringement, iGames has a process in place to respond to your concerns. Please go to http://www.igamesinc.com/dmca.php for an explanation of that process. Please do not contact iGames in that manner with respect to any infringement appearing in locations other than the Site.
5. LICENSE GRANT
By posting or submitting suggestions or content, such as forum postings, videos, pictures, screen shots and any other data, to the Site, you (a) grant iGames and its affiliates and licensees a perpetual, irrevocable right and license, with right of sublicense, to use, reproduce, display, perform, adapt, modify, sublicense, distribute, have distributed, and promote your suggestions and content in any form, anywhere and for any purpose; and (b) warrant and represent that you have the right to grant these rights and licenses and that the public posting and use of your suggestions and content by iGames will not infringe or violate the rights of any third party.
6. YOUR USE OF THE SITE
Your use of the Site is subject at all times to the Terms. Without limiting any of the restrictions and obligations in these Terms, you may use the Site for your own personal use, and you may not, without our prior permission:
- Sell or grant a security interest in or transfer reproductions of the Site to other parties in any way, nor to rent, lease, or license the Site to others;
- Create copied works based on the Site;
- Use any third-party software to modify a promotion, event or activity, including, but not limited to cheats and/or hacks;
- Institute attacks upon a Site server or otherwise disrupt the Site;
- Cheat during game play, including but not limited to modification of the game program files;
- Impersonate an official, iGames employee or any other person;
- Disrupt the normal flow of dialogue in a chat room/forum/group or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting spam messages on the Site (where spam messages as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to the Site);
- Intentionally, negligently or unintentionally violate any applicable local, state, national, or international law or regulation;
- Modify any Site file that iGames does not specifically authorize you to modify;
- Spam by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area; Communicate or post any user's personal information to the Site;
- "Frame" or "mirror" any part of the Site, without our prior written authorization;
- Use meta tags or code or other devices containing any reference to us or the Site in order to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or allow or cause others to do so; or
- Use any reverse compilation, reverse engineering, decompilation or disassembly techniques or similar methods to determine any design structure, concepts and construction method of the Site or replicate the functionality of the Site for any purpose.
If we believe you have violated or may or will violate any of the foregoing provisions, we may, at our option and without limiting any of our remedies available herein or at law, and with or without notice to you, suspend and/or terminate your access to the Site.
iGames assumes no liability for content posted on the Alienware Arena forums or other community based areas of the Site ("Alienware Arena Communities") or for the actions or behavior of any contributor or participant. All opinions and views expressed in the forums, including those of the iGames staff, are solely those of their respective authors and do not reflect the opinions of iGames. iGames may delete, cancel, purge or modify any post, in part or in whole, without prior notice or further explanation. iGames may also ban you from the forums without prior notice, for any reason, at iGames' discretion.
You are solely responsible for all of the content that you publish or display (including in bulletin boards, forums and chat rooms) on the Site ("post") or transmit to other users (in each case, "Content"). Your use of the Site, including but not limited to the Content you post or transmit, must be in complete accordance with any and all applicable laws and regulations. You will not post or transmit any defamatory, inaccurate, offensive, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), or post or transmit "junk mail", "chain letters," or unsolicited mass mailing or "spam." You will not provide inaccurate, misleading or false information to us or to any user. If information provided to us, or to a user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Without limiting the foregoing:
- You will not express or imply that any statements you make are endorsed by us without our specific prior written consent;
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- You will not remove any copyright, trademark or other proprietary rights notices contained on the Site;
- You will not post or transmit any material that contains 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;
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- You will not harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of the Site or another person or entity;
- You will not transmit or post sexually explicit images or other content which in our sole discretion is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content;
- You will not post or transmit chain letters, cash bots, or pyramid schemes; unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities; and
- You will not post or transmit comments or content defamatory, libelous, slanderous, disparaging, or otherwise offensive against iGames or its licensors, sponsors, partners, products, officials, or members.
You understand and agree that we may review and delete Content, in whole or in part, at any time. Such deletion shall be at our sole discretion, and may occur, without limitation, if we believe Content violates or may violate these Terms, or might be offensive, illegal, or that might violate the rights of others. Use of the Site is granted with our permission, which may be revoked at any time, for any reason, in our sole discretion.
8. LINKS TO THIRD PARTY SITES AND ADVERTISERS
9. OTHER LIMITATIONS
iGames may establish general practices and limits concerning the use and operation of the Site. You agree that iGames has no responsibility or liability for the deletion or failure to store any information maintained on, or transmitted by, the Site. You understand that iGames reserves the right to close accounts that are inactive for an extended period of time. You further acknowledge that iGames reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. U.S. EXPORT CONTROLS
Software, applications, widgets, gadgets and other tools made available on the Site ("Software") are each subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into, or to a national or resident of, any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend and hold harmless iGames (including its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service), from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
12. NO WARRANTY
(a) No Warranty. The Site and any product or service available through the Site are provided on an "As Is" and "As Available" basis. Your use of such product or service is at your own risk. iGames does not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with by numerous factors outside of our control. You also understand that iGames is not responsible for the security or privacy of communications sent via the Service.
(b) Disclaimer. To the extent permitted under applicable law, iGames expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and accuracy of information. iGames makes no warranty that (i) the Site will be provided in a manner that is uninterrupted, timely, secure, or error free, (ii) the Site is or will be free of viruses or other harmful components, or (iii) the Site or content provided will meet your requirements. iGames makes no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through the Site or that are advertised on the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
13. LIMITATION OF LIABILITY
You expressly acknowledge and agree that, to the fullest extent permitted under law, iGames will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to your use of the Service or Site, even if you have been advised of the possibility of such damages. Examples of the types of matters to which the foregoing applies include (a) use of or inability to use the Service or Site; (b) the cost of procurement of substitute goods or services; (c) unauthorized access to or alteration of your profile or Membership by third parties; (d) third party content made available to you through the Service or Site; or (e) any other matter relating to the Service or Site. In addition, iGames' liability, and the liability of our officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of membership fees you pay to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Some jurisdictions do not allow the exclusion or limitation of damages, so the above limitations or exclusions may not apply to you.
You agree and acknowledge that iGames, in its sole discretion, may terminate your account (or any part thereof) or use of the Site, and remove and discard any of your content including, but not limited to, any and all information, communications, postings, messages, files and other content within the Site, at any time, without notice, for any reason, including but not limited to (a) if iGames believes that you have violated or acted inconsistently with the letter or spirit of these Terms, including a failure to pay any fees as and when due, or (b) if iGames decides to discontinue any portion of the Service. Upon termination of your account, the agreement between you and iGames as contained in these Terms and your right to use the Site, shall immediately cease. You agree that iGames shall not be liable to you or any third-party for any termination of your access to the Site. Termination of your account and the agreement between you and iGames as contained in these Terms shall not affect Section 3 (Privacy Practices), Section 4 (Proprietary Rights), Section 5 (License Grant), Section 11 (Indemnity), Section 12 (No Warranty), Section 13 (Limitation of Liability), Section 14 (Termination), Section 15 (Choice of Law and Forum), and Section 17 (Entire Agreement; Other Terms).
15. CHOICE OF LAW AND FORUM
The laws of the State of California, USA, excluding its conflicts-of-law rules, govern these Terms. The state and federal courts with districts which include Santa Clara County, California, USA, shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. However, in an action to enforce a judgment, such forum and venue shall be nonexclusive. You consent to personal jurisdiction and venue by such state and federal courts.
16. MODIFICATION OF THESE TERMS AND THE SERVICE
You agree that iGames reserves the right (for any reason and without notice) to amend these Terms and to modify or discontinue, temporarily or permanently, all or any part of the Site. Unless explicitly stated otherwise, any new features on the Site are subject to these Terms.
17. ENTIRE AGREEMENT; OTHER TERMS
The failure of iGames to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in effect.
You agree that these Terms and all incorporated documents may be assigned by iGames in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service, any software, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. COPYRIGHT AND TRADEMARK NOTICES
All content of the Site are: Copyright© 2011 Alienware Corporation and/or its suppliers. All rights reserved.
The Alienware logo, Dell logo and Dell and related brands, are either trademarks or registered trademarks of Dell, Inc. The iGames logo and iGames related brands are either trademarks or registered trademarks of iGames, Inc. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners.
19. REPORTING VIOLATIONS
You can report violation of these Terms to firstname.lastname@example.org.