PLAYNET INC. INTERNET SERVICE AGREEMENT
Read This Internet Service Agreement Carefully Before Using Our Internet Services.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY PLAYNET INC., PLAYNET INC. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. PLAYNET INC. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. PLAYNET INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLAYNET INC. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PLAYNET INC. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY PLAYNET INC. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. PLAYNET INC. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, PLAYNET INC.'S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
Playnet Inc. grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the Playnet Inc. access software (including software from third-party vendors that Playnet Inc. distributes; in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Playnet Inc. may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.
The Licensed Programs constitute confidential and proprietary information of Playnet Inc. and Playnet Inc.'s licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Playnet Inc. and Playnet Inc.'s licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
TERM OF AGREEMENT
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
BILLING AGREEMENT TERMS AND CONDITIONS FOR A PLAYNET INC. PLAYNET.COM AND/OR A WORLD WAR II ONLINE SUBSCRIBER
A Subscriber must 1) provide Playnet Inc. with accurate and complete billing information including legal name, address, telephone number(s), and credit card/billing information, and 2) promptly report to Playnet Inc. any and all changes to Subscriber�s information. Subscriber is solely responsible for any and all charges to their account.
1. All charges are payable in advance and recurring for the basic service and/or any additional usage or premium services. Playnet Inc. is not responsible for any charges or expenses incurred by Subscriber (e.g. overdrawn accounts, exceeding credit card limit, etc.) resulting from charges billed by Playnet Inc. in accordance with the Terms and Conditions of this Billing Agreement.
2. By providing a credit card number and/or billing account information, Subscriber authorizes Playnet Inc. to continue charging the credit card and/or billing account for all charges due Playnet Inc. until the account is terminated by either party.
3. Selecting any of the 'Easy Pay' premium service pricing plans authorizes Playnet Inc. to bill the credit card/billing method you provided the full dollar amount of the plan divided in a number of equal monthly installments determined by the term of the specific plan.
1. Delinquent accounts may be suspended or canceled at Playnet Inc.'s sole discretion. Charges will accrue on suspended accounts until the account is cancelled by Subscriber. Playnet Inc. may bill an additional charge to reinstate a suspended account.
TERM OF AGREEMENT
This Agreement will remain in effect until terminated by either party as set forth in this Agreement or until superceded by a revised Billing Agreement.
1. You may terminate your account at any time and for any reason by providing notice of intent to terminate to Playnet Inc. by visiting your account management page at http://www.battlegroundeurope.com/account, selecting the SUBSCRIPTION link and clicking "I would like to unsubscribe..." or by registered or certified mail, return receipt requested addressed to Playnet Inc. Inc., 1901 Central Drive, Suite 600, Bedford, Texas 76021.; Email cancellation requests will not be accepted. If your account included space on Playnet Inc.'s servers, anything stored on this space will be deleted upon termination.
2. Playnet Inc. may terminate this Agreement, Subscriber's password(s), account(s), or use of any and/or all services, without prior notice and for any reason, including without limitation, if Playnet Inc., in its sole discretion, believes Subscriber violated any portion of this Agreement or any of the applicable user policies or if Subscriber fails to pay any charges when due.
3. Notification of termination is sent to the email address provided by Subscriber.
4. Charges for all services previously billed are non-refundable regardless of date of termination.
5. 'Easy Pay' subscription plan cancellation by the Subscriber prior to the completion of the term is subject to a cancellation fee equal to the lesser of (remaining months of the plan term) or specific penalty detailed below;
a. 12 Month 'Easy Pay': $20.00USD
No refunds or credits of any kind shall be issued by Playnet Inc. for any reason.
Playnet Inc. may alter, amend, revise and/or modify this Agreement and/or any other user agreements and/or policies at any time and in any manner and without prior notice. Notice of any alteration, amendment, revision and/or modification will be posted on Playnet Inc.'s web site at http://www.playnet.com and/or on Subscriber start pages and/or by any notification method deemed appropriate by Playnet Inc.
TERMS OF SERVICE
Playnet.com is comprised of various Web sites and Web pages operated by Playnet Inc. or its affiliates. Playnet.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Playnet.com constitutes your agreement to all such terms, conditions, and notices. Additionally, some sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Advertising on Playnet
We may use third-party advertising companies to serve ads when you visit our Web site. Our third-party advertising company also separately places or recognizes a cookie file on your browser in the course of delivering advertisements to this Site. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.
Information Collection and Use
Playnet Inc. is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Playnet Inc. collects information from our users at several different points on our website.
In order to use this website, a user must first complete the registration form. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest. It is optional for the user to provide demographic information (such as income level and gender) but encouraged so we can provide a more personalized experience on our site.
We request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer�s orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
We use IP addresses to analyze trends, administer the site, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Links to Third Party Sites
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address.
Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of Playnet products and services.
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our user information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. The servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage.
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter.
Site and Service Updates
We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correction/Updating Personal Information:
If a users personally identifiable information changes (such as zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that users personal data provided to us. This can usually be done at the member information page or by submitting a request to our customer support department.
Notification of Changes
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Playnet.com Site/Service requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Playnet Inc. immediately of any unauthorized use of your account or any other breach of security. Playnet Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Playnet Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Playnet Inc. reserves the right to change the terms, conditions, and notices under which the Playnet.com Sites/Services are offered, including but not limited to the charges associated with the use of the Playnet.com Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Playnet.com Sites/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Playnet.com Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Playnet.com Sites/Services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Playnet.com Sites/Services, you will not use the Playnet.com Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Playnet.com Sites/Services in any manner which could damage, disable, overburden, or impair any Playnet.com Site/Service(s) (or the network(s) connected to any Playnet.com Site/Service(s)) or interfere with any other party's use and enjoyment of any Playnet.com Site/Service(s). You may not attempt to gain unauthorized access to any Playnet.com Site/Service, other accounts, computer systems or networks connected to any Playnet.com Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Playnet.com Sites/Services.
USE OF SERVICES
The Playnet.com Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
· Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Engage in hate speech including, but not limited to, racial, ethnic or religious slurs.
· Impersonate Playnet staff members.
· Attempt to play any Playnet games on services outside of the Playnet network
· Create any server emulation software that allows you to play any Playnet game on another service without express written permission from Playnet
· Use the Playnet services for any illegal activity as determined by local, state, federal or international laws
· You may not act in a manner that will interfere with other players enjoyment of any Playnet game outside of normal gameplay
· You may not cheat in any Playnet game
· You may not create multiple accounts to circumvent a game or forum ban
· You may not attempt to hack into, deny service to or decipher transmissions from any of the servers that run any Playnet game
· You may not exploit any bugs in any game on the Playnet service that would give you an unfair advantage
· You may not use the Playnet services for activities unrelated to Playnet or any Playnet game
· You may not arrange for the exchange of pirated software or other illegal items/substances while using the Playnet services
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Playnet.com Site/Service(s) or other user or usage information or any portion thereof.
The following types of names are unacceptable for use:
· Profane, racist, obscene or rude names including swear words (all languages), obscene anatomical references, racial slurs as well as homonyms or "733t" versions of those words
· Word combinations that when read aloud can be offensive
· Proper names from history (Hitler, Goring, Churchill, Etc.)
· Playnet employee names or callsigns (Bloo, Ohm, Xoom Etc.)
· Trademarked names from other products or services
· Any name that violates the spirit of the above rules
When an objectionable name is discovered a member of the game management team will then notify the player who has the account that they have an objectionable name and ask for replacements for it. If there is no response within two days then the account will be made inactive until a suitable name has been decided upon by the player or 90 days elapses. If the account remains inactive for 90 days or more the account will be deleted along with all privileges earned through gameplay.
IF YOU VIOLATE ANY OF THESE RULES YOUR ACCOUNT, AND ACCESS TO THE PLAYNET SERVICE, MAY BE TERMINATED BY PLAYNET. IF THIS HAPPENS YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY AMOUNTS PAID BY YOU TO PLAYNET AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME.
Playnet Inc. has no obligation to monitor the Communication Services. However, Playnet Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Playnet Inc. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Playnet Inc. reserves the right at all times to disclose any information as Playnet Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Playnet Inc.'s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Playnet Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Playnet Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Playnet Inc. spokespersons, and their views do not necessarily reflect those of Playnet Inc.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO PLAYNET INC. OR POSTED AT ANY PLAYNET.COM WEB SITE
Playnet Inc. does not claim ownership of the materials you provide to Playnet Inc. (including feedback and suggestions) or post, upload, input or submit to any Playnet.com Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Playnet Inc., its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Playnet Inc. is under no obligation to post or use any Submission you may provide and Playnet Inc. may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH PLAYNET.COM SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the Playnet.com Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Playnet Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLAYNET.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PLAYNET.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. PLAYNET INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLAYNET.COM SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE PLAYNET.COM SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PLAYNET INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE PLAYNET.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PLAYNET INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT PLAYNET INC. SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN PLAYNET.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT PLAYNET.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PLAYNET INC. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN PLAYNET.COM SITE/SERVICE BY ANY THIRD PARTY.
STORAGE SPACE AND OTHER LIMITATIONS
The amount of storage space per user is limited for each Playnet.com Site/Service, which provides such storage, please visit the applicable FAQ pertaining to that service for more information. Some messages may not be processed due to space constraints or outbound message limitations. You agree that Playnet Inc. is not responsible or liable for the deletion or failure to store messages or other information.
Playnet Inc. reserves the right, in its sole discretion, to terminate your access to any or all Playnet.com Sites/Services and the related services or any portion thereof at any time, without notice.
Playnet Inc. may also terminate or suspend your access to Playnet.com Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Playnet Inc. The amount of time that Playnet Inc. currently considers as an "extended" period of time is 90 days. Upon termination of the Playnet.com Site/Service, your right to use the Playnet.com Site/Service immediately ceases.
Playnet Inc. shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM DAMAGES
Playnet Inc. will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Playnet Inc. liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Playnet Inc.'s actual damages, to the extent such actual damages can be reasonably calculated.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
This agreement is governed by the laws of the State of Texas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Tarrant County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Playnet.com Sites/Services. Use of the Playnet.com Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Playnet Inc. as a result of this agreement or use of the Playnet.com Sites/Services. You agree to indemnify and hold Playnet Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Playnet.com Sites/Services. Playnet Inc. reserves the right to disclose any personal information about you or your use of the Playnet.com Sites/Services, including its contents, without your prior permission if Playnet Inc. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Playnet Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Playnet Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Playnet Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Playnet.com Sites/Services or information provided to or gathered by Playnet Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Playnet Inc. with respect to the Playnet.com Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Playnet Inc. with respect to the Playnet.com Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Playnet.com Web Sites are: Copyright Playnet Inc. and/or its suppliers, 1901 Central Drive, Suite 400, Bedford Texas 76021 U.S.A. All rights reserved.
TRADEMARKS. Playnet Inc., World War II Online, WWII Online, Battleground Europe, Rapid Assault and/or other Playnet Inc. products referenced herein are either trademarks or registered trademarks of Playnet Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
SUBSCRIPTION BASED CONTENT
Some contents and/or services at Playnet.com may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to Playnet Inc. a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.