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TERMS
OF SERVICE AGREEMENT (TOSA)
DEFINITIONS. "Viewer"
includes any individual or entity that views, prints, distributes
or otherwise uses the contents of this web site whether in
electronic or printed form. "Web Site" shall include any information
contained upon FreeGames.WS or any website that mirrors the
content of FreeGames.WS
ACCEPTANCE OF TERMS. BY
ACCESSING AND USING THIS WEB SITE, YOU ACCEPT, AGREE TO AND
WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TOSA
PUBLISHED ON THE WEB SITE. If you do not agree to be bound
by the Terms, you are not to view, print, distribute, or utilize
the web site. You hereby acknowledge that any reliance upon
any content, information or other material on this web site
shall be at your sole risk. YOU ARE TO SEEK OUTSIDE LEGAL
COUNSEL BEFORE AGREEING TO THE TOSA.
CONSENT TO JURISDICTION.
VIEWER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF
THE COURTS LOCATED WITHIN THE COUNTY
OF NEW YORK,
NEW YORK U.S.A., REGARDING ANY AND ALL DISPUTES RELATING
TO THIS AGREEMENT
OR ANY FreeGames.WS WEB SITE. USER AGREES THAT THIS CHOICE
OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION
OF SUCH JURISDICTION.
AGENT-CLIENT RELATIONSHIP.
VIEWER UNDERSTANDS AND AGREES THAT NO AGENT-CLIENT RELATIONSHIP
SHALL BE CREATED OR EXIST BETWEEN VIEWER AND ANY AGENT, EMPLOYEE,
OWNER OR OFFICER OF FreeGames.WS BY MERELY VIEWING THIS WEB
SITE. Viewer understands that all communications through e-mail,
telephone, or other means of communication to any agent, employee,
owner or officer of FreeGames.WS may not be protected and
therefore may be discoverable in a Court
of law.
COMMUNICATIONS. Viewer
understands and agrees that FreeGames.WS is not obligated
to respond to, review or retain unsolicited written or electronic
communications received from any Viewer without providing
notice to Viewer. Viewer understands and agrees that FreeGames.WS
may, in its sole discretion, respond to or discard such communications
on a case by case basis.
"AS-IS" OF INFORMATION.
VIEWER UNDERSTANDS AND AGREES THAT THE SERVICE
PROVIDED BY FreeGames.WS IS PROVIDED "AS-IS" AND THAT FreeGames.WS
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY,
OR THE FAILURE TO STORE, UPDATE, OR PROVIDE ANY CONTENT OR
OTHER SUBJECT MATTER ON THIS SITE. Information on this web
site may contain inaccuracies or typographical errors. Information
may be changed or updated without notice. Since laws sometimes
change, the information on this web site is not guaranteed
to be accurate. THERE IS NO GUARANTEE THAT THE INFORMATION
ON THIS WEB SITE IS CURRENT OR COMPLETE.
EXTERNAL LINKS. FreeGames.WS
may not regularly review materials posted on linked sites
and does not necessarily endorse or sponsor the materials
appearing on linked sites. FreeGames.WS may provide links
to other World Wide Web sites or resources. Because FreeGames.WS
has no control over such sites and resources, Viewer acknowledges
and agrees that FreeGames.WS is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising,
products, services or other materials on or available from
such sites or resources. Viewer further acknowledges
and agrees that FreeGames.WS shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through
any such site or resource.
DISCLAIMER OF WARRANTIES. VIEWER EXPRESSLY UNDERSTANDS AND
AGREES THAT:
a. YOUR
USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL INFORMATION
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FreeGames.WS
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 AND NON-INFRINGEMENT.
b. FreeGames.WS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET
YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE
OR RELIABLE.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF
ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM FreeGames.WS SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
LIMITATION
OF LIABILITY. VIEWER EXPRESSLY UNDERSTANDS AND AGREES
THAT FreeGames.WS SHALL 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 FreeGames.WS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv)
ANY OTHER MATTER RELATING TO THE WEB SITE.
EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
INDEMNITY. You agree to
defend, indemnify and hold FreeGames.WS, and its subsidiaries,
affiliates, officers, employees, agents, co-branders or other
partners, harmless from any action, claim, proceeding, demand,
cost or expense, including reasonable attorneys' fees, from
a third party due to or arising out of your use of the web site,
your violation of the TOSA, or your violation of any rights
of another.
BINDING ARBITRATION. Any
controversy or claim arising out of or relating to the web site
or the TOSA, or the breach thereof, between FreeGames.WS and
Viewer shall be settled by binding arbitration in accordance
with the Commercial Arbitration Rules of the American Arbitration
Association in New York, New York. The judgment upon the award
rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof.
TRADEMARK INFORMATION. FreeGames.WS,
and the FreeGames.WS design logo are trademarks of FreeGames.WS
(the "FreeGames.WS Marks"). Without FreeGames.WS's prior permission,
you agree not to display or use in any manner, the FreeGames.WS
Marks.
REPRODUCTION OF CONTENT.
Viewer understands that the content upon the FreeGames.WS web
site is protected by United States and International copyrights.
Viewer agrees not to reproduce, distribute, duplicate, retransmit,
copy, sell, resell or exploit for any commercial purposes, any
portion of the web site without the prior permission of FreeGames.WS.
Notwithstanding the foregoing, FreeGames.WS, grants the right
to download web site materials for personal non-commercial use.
NO GRANT OF LICENSE. Nothing
on this web site or on any FreeGames.WS site, or your use of
the web site, shall be construed as conferring any license or
other rights under the intellectual property or other proprietary
rights of FreeGames.WS, its affiliates or any third party, whether
by estoppel, implication or otherwise.
COPYRIGHTS AND COPYRIGHT AGENTS.
FreeGames.WS respects the intellectual property of others, and
we ask all Viewers and contributing writers to do the same.
If you believe that your work has been copied in this web site
in a way that constitutes copyright infringement, please provide
FreeGames.WS with the following information:
1. an
electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has
been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. 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.
GOVERNING LAW. The TOSA
and the relationship between Viewer and FreeGames.WS shall
be governed by the
laws of the State of New York without regard to its conflict
of law provisions.
SECTION TITLES OF TOSA.
The section titles in the TOSA are for convenience only and
have no legal or contractual effect.
ENTIRE AGREEMENT. The
TOSA constitutes the entire agreement between Viewer and FreeGames.WS
and governs the entire usage and viewing of the web site,
superceding any prior agreements between Viewer and FreeGames.WS.
No subsequent alteration, amendment, change or addition to
the TOSA shall be binding
upon either party unless published at the FreeGames.WS web
site.
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