1. Acceptance of Terms
Interplay provides its services ("Services") to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Interplay services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules and other agreements including any license agreements between you and Interplay are hereby incorporated by reference into the TOS. Interplay also may offer other services from time to time that are governed by different Terms of Services.
2. Description of Service
Interplay.com, is a game service and collection of game specific web sites dedicated to Interplay and it's affiliates. Your use of Interplay.com constitutes your acceptance of these terms. You may not modify Interplay Software or use it in any way not expressly authorized in writing by Interplay. You understand that Interplay's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Interplay may vary depending on your computer and other equipment.
You agree to indemnify and hold Interplay, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
4. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5. Modifications to Service
Interplay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Interplay shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. Interplay's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree Interplay will be the owner of the copyright, trademark and all other proprietary rights to any and all derivatives and all products, materials, reports or other data developed which are related to any such derivatives. You agree and acknowledge that you have no claim to any right, title or interest in the derivatives which you may have created pursuant to the terms of this Agreement, the Sacrifice License or otherwise, and that you will make no claims that the derivatives infringe upon any of your copyright or other right, title or interest and that the derivative shall, upon creation, be owned exclusively by Interplay.
If, and to the extent you may, under applicable law, be entitled to claim any ownership interest in a derivative, you hereby transfer, grant, convey, assign and relinquish exclusively to Interplay all of your rights, title and interest in and to the derivative, under patent, copyright, trade secret, trademark and any other intellectual or property right or law, in perpetuity. You agree and acknowledge that Interplay may utilize the derivative in any other software program or license or sell the derivative for incorporation into or as a basis for producing other products or otherwise exploit the derivative at the sole discretion of Interplay without the payment of any royalty or other fee to you. Interplay grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Interplay for use in accessing the Service.
7. Disclamer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERPLAY 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. INTERPLAY MAKES NO WARRANTY THAT: (i)THE SERVICE WILL MEET YOUR REQUIREMENTS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERPLAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INTERPLAY IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. IN NO CASE SHALL INTERPLAY . OR INTERPLAY AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, DOWNLOADING OF ANY CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INTERPLAY AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
10. General Information
The TOS constitute the entire agreement between you and Interplay and govern your use of the Service, superceding any prior agreements between you and Interplay. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Interplay shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Interplay agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Interplay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.