RedOctane User Agreement
 |
YOU AGREE TO BE BOUND BY THE REDOCTANE "USER AGREEMENT" BY USING THE
REDOCTANE WEB SITE.
RedOctane is a world wide web site owned and operated by RedOctane, Inc. (hereafter referred to
as "RedOctane"). By accessing any areas of RedOctane, users ("Users") agree to be legally bound and
to abide by the terms and conditions set forth herein (the "User Agreement").
By electronically submitting an order via the RedOctane web site, User is agreeing to be bound by all of
RedOctane's then current terms and conditions related to the rental of RedOctane products. User's
RedOctane order will not be confirmed or processed unless User consents to be bound by the terms
and conditions. The terms and conditions shall be governed and interpreted by the laws of the State
of California, without regard to conflicts of law principles.
Copyrights
All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright ©1999,
RedOctane, Inc. All rights reserved. Any other use of materials on this web site--including reproduction for
purposes of modification, distribution, or republication--without the prior written permission of RedOctane
is strictly prohibited.
Trademarks
RedOctane, RedOctane, Inc., RedOctane.com, Press Start, the RedOctane flame design logo,
all page headers, custom graphics and button icons are service marks, trademarks, and/or
trade dress of RedOctane. All other trademarks, product names and company names or logos cited herein are
the property of their respective owners.
Disclaimers
RedOctane is providing this site and its contents "as is" and makes no representations or warranties of any
kind with respect to this site or its contents. RedOctane disclaims all such representations and warranties,
including for example warranties of merchantability, fitness for a particular purpose, and noninfringement. In
addition, RedOctane does not represent or warrant that the information accessible via this site is accurate,
complete or current. Price and availability information is subject to change without notice.
In no event shall RedOctane be liable for any special, incidental, indirect or consequential damages of any
kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the
possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance
of this information. Because some states do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Proprietary Rights
User acknowledges that RedOctane contains information, data, software, photographs, graphs, digital
video discs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that
are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content
is copyrighted as a collective work under the U.S.
Copyright laws and RedOctane owns a copyright in the selection, coordination, arrangement and enhancement
of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If
no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the
copies are made only for User's personal use and that User maintains any notices contained in the Content, such
as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17
U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety
right. In addition to the foregoing, use of any software Content shall be governed by the software license
agreement accompanying such software.
Third Party Content
RedOctane is a distributor and not a publisher of Content supplied by third parties and Users. RedOctane
has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of Content expressed or made available
by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors
("Sponsors"), licensors, ("Licensors"), or any other User of RedOctane are those of the respective authors or distributors and not of webgamezone.com, Inc. or its affiliates, or any of their respective officers, directors, employees or agents. Neither webgamezone.com, Inc. or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of webgamezone.com guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through webgamezone.com represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with webgamezone.com. webgamezone.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on webgamezone.com by anyone other than authorized webgamezone.com employees. Under no circumstances shall RedOctane, RedOctane or its affiliates, or any of their respective officers, directors,
employees or agents be liable for any loss or damage caused by a User's reliance on information
obtained through RedOctane. It is the responsibility of User to evaluate the information, opinion, advice,
or other Content available through RedOctane.
RedOctane Online Rights
RedOctane may elect to electronically monitor the User submit areas and may disclose any Content,
records or electronic communication of any kind (i) to satisfy any law, regulation or government
request, (ii) if such disclosure is necessary or appropriate to operate RedOctane, or (iii) to protect the
rights or property of RedOctane, its Users, Sponsors, Providers, Licensors or Merchants.
RedOctane is not responsible for screening, policing, editing, or monitoring such Content. If notified of
allegedly infringing, defamatory, damaging, illegal or offensive Content, RedOctane may investigate the
allegation and determine in its sole discretion whether to remove or request the removal of such Content
from RedOctane.
RedOctane reserves the right to prohibit conduct, communication, or Content which it deems in its sole
discretion to be harmful to individual Users, RedOctane, the communities which make up RedOctane, or
any rights of RedOctane or any third party, or to violate any applicable law. Notwithstanding the foregoing,
neither RedOctane nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or
removal of questionable Content after online posting. Accordingly, neither RedOctane or its Affiliates, or
any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or
Licensor shall assume liability for any action or inaction with respect to conduct, communication, or
Content on RedOctane.
Termination of Usage
RedOctane may terminate User access, or suspend any User's access to all or part of RedOctane, without
notice, for any conduct that RedOctane, in its sole discretion, believes is in violation of any applicable law or
is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service
provider or RedOctane.
Fraud
It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering
an erroneous or fictitious order will be prosecuted.
Although RedOctane has made its best attempt to ensure the accuracy of the information
presented on this site, we are not responsible for any damage that is caused by inaccuracies
on this web site. Under no circumstances can the content on this web site be redistributed
in any way without the prior written permission from RedOctane.
PlayStation and the PlayStation logos are trademarks of Sony Computer Entertainment Inc. Sega
and the Sega logos are trademarks of Sega of America Dreamcast, Inc.
|
|
