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Terms of Use
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS SITE (www.vm-games.co.uk) (the "Terms of Use"). By accessing or using this Site, you, the user of this site, agree to the Terms of Use. If you do not accept all of the Terms of Use, do not use this Site. Trymedia Inc (Trymedia), in its sole discretion, may add, delete or change some or all of the features of this Site (including the provisions of the Terms of Use) or Trymedia's products and services from time to time, and at any time. Your use of this Site will be subject to the most current version of the Terms of Use posted on this Site at the time of such use, whether or not you have reviewed them. If you fail to comply with any of the Terms of Use, your authorization to use this Site will automatically and immediately terminate.
The Content on This Site
This Site may include data, information, press releases and other communications, documents, code, software, photos, text, video, graphics, music, sounds, images (including, but not limited to, screen shots of activeMARK system interfaces and demos), logos and other material (the "Content"). This Site and the Content are intended only as a source of information concerning Trymedia and its products and services. The Content should not be considered complete, nor should it be relied upon. In addition, the Content, including research and descriptions relating to the digital distribution market, is not intended to be, and should be construed as, investment, business, financial, legal or other advice of any kind. The Content may contain projections or other forward-looking statements regarding future business developments and other future events. Actual developments, results and events may differ significantly. This Site may be accessed from other countries around the world and may contain references to Trymedia products, services, and programs that have not been announced in your country. These references do not imply that Trymedia intends to announce or offer such products, services or programs in your country.
The Links of This Site
This Site contains links to other Web sites which may be of interest to you. Trymedia does not review or monitor any Web sites linked to this Site and is not responsible for the content or activities of any such linked Web sites. Trymedia is providing these links solely as a convenience to you. Your linking to such Web sites is at your own risk.
Trymedia Standards
You agree that any information or other material that you post, transmit or otherwise make available though Trymedia: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party?s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be intentionally malicious or derogatory toward Trymedia or any Trymedia advertiser or licensor unless such information or other material can be supported by documented facts; (e) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Your Information and Privacy Policy
You agree that any information you provide to Trymedia, including without limitation, any information you provide when you register for a Trymedia service, purchase a product, or contact Trymedia shall be accurate and truthful. Trymedia will collect, store, use and disclose any personal information you provide to it in accordance with its then current Privacy Policy, available on this Site.
Copyright Infringement
If you believe that any information or content owned by you has been used on this Site in a manner that constitutes copyright infringement, please provide Trymedia?s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
* an electronic or physical signature of the owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
* identification of the copyrighted work claimed to have been infringed;
* a description of where the material that you claim is infringing is located on this Site;
* your 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; and
* a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner?s behalf.
Trymedia? Copyright Agent for notice of claims of copyright infringement on this Site is: info@trymedia.com
Intellectual Property/Ownership and Use of Content
The Content used and displayed on this Site, as well as the design and layout of this Site, are the property of Trymedia or its licensors or its partners and are protected by copyright, trademark and other laws. In addition to Trymedia' and its licensors' rights in individual elements of the Content with this Site, Trymedia owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Content may be displayed and printed solely for your personal, internal and non-commercial use. You may not reproduce, modify, retransmit, distribute, disseminate, circulate, publish, broadcast, perform or sell any such Content, whether in whole or in part, without the prior written permission of Trymedia or the third party owner of such Content - except for downloadable games and software which are subject to the terms and conditions outlined in their individual End User License Agreements. Except for the foregoing express, limited license, Trymedia does not grant to you any right or license in respect of this Site or the materials, data or other Content used and displayed on this Site. You also may not remove any copyright or other proprietary notices contained in any documents or other Content provided on this Site.
System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site. You may not take any action which imposes an unreasonable or disproportionately large load on this Site or Trymedia' infrastructure. You agree that you will not use any robot, spider or other automatic device or manual process to monitor, deep link with or copy Trymedia' Web pages or the Content contained on this Site without Trymedia' prior written consent. Trymedia reserves its right to waive this restriction in its sole discretion and without prejudice on a case-by-case basis.
No Warranty
TRYMEDIA PROVIDES THIS SITE AND THE CONTENT CONTAINED ON THIS SITE "AS IS" AND "AS REASONABLY AVAILABLE" WITH NO GUARANTEES OF ACCURACY, COMPLETENESS OR TIMELINESS, AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRYMEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRYMEDIA DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS TO THIS SITE.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE 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 SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
Limitation of Liability
USE OF THE SITE OR THE CONTENT PROVIDED ON THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRYMEDIA AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR CONTENT CONTAINED ON THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRYMEDIA' AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
Termination and Limitation of Access
Trymedia reserves the right to terminate or limit your access to this Site for any reason or for no reason.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and the Trymedia? products and services.
Integration
These Terms of Use, the Privacy Policy, the End User License Agreement(s), and any other terms referenced in these Terms of Use constitute the entire agreement between you and Trymedia with respect to your access and use of this Site and Trymedia?s products and services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Trymedia with respect to this Site or Trymedia?s products or services.
Severability
If any of the provisions of these Terms of Use are determined to be invalid, unlawful or unenforceable in any jurisdiction, then that provision shall, as to such jurisdiction, be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining provisions shall remain in full force and effect.
Successors
Trymedia may at any time assign or transfer its rights under these Terms of Use to purchasers or other successors of its business.
Applicable Law and Choice of Forum
This Site is controlled by Trymedia from its offices within the State of California, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of California, USA, and applicable U.S. federal law, without regard to any conflict of law provisions. Trymedia makes no representation that the content in this Site is appropriate for access outside of the United States. You agree that any action at law or in equity arising out of or related to your use of this Site or the Content or these Terms of Use shall be filed only in the state or federal courts located in San Francisco and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
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