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|TERMS OF SERVICE|
Last Updated: October 5, 2004
PLEASE READ THESE TERMS OF SERVICE AND THE eSoft Interactive PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OF THE eSoft Interactive FORUMS.
This site is owned and operated by eSoft Interactive which is an eSoft Interactive Technologies Inc. company ("eSoft"). These terms of service (the "Terms of Service" or "TOS") apply to and govern your, and any authorized user of your account, use of this site or the eSoft Interactive Forums (as hereinafter defined, and, collectively referred to as the "Site"). Your use of the Site signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. Before using the Site, please review the eSoft Interactive Privacy Statement (the "Privacy Statement").
LICENSE TO USE THE SITE
eSoft Interactive grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE
eSoft Interactive reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
All trademarks, service marks, and trade names are proprietary to eSoft Interactive Technologies Inc. and its affiliates. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other web site owned or operated by eSoft Interactive (the "Site Materials") without the prior written permission of eSoft Interactive. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of eSoft Interactive's copyrights and other proprietary rights. Use of the Site Materials on any other web site or other networked computer environment is prohibited without prior written permission from eSoft Interactive.
At its sole discretion, eSoft Interactive may make available to users certain software that may be downloaded from this Site. In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by eSoft Interactive. eSoft Interactive does not transfer title to the Software to you. You own the medium on which the Software is recorded, but eSoft Interactive retains full and complete ownership to the Software, and all intellectual property rights therein (except OpenTTD). You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
eSoft Interactive is pleased to hear from its customers and welcomes your comments regarding eSoft Interactive products, including eSoft Interactive's online services. Unfortunately, however, eSoft Interactive's company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by eSoft Interactive's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, at our request, you send or post certain specific submissions (e.g., via a message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of eSoft Interactive. None of the Submissions shall be subject to any obligation of confidence on the part of eSoft Interactive, and eSoft Interactive shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, eSoft Interactive shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATIONS
As a convenience to its visitors, eSoft Interactive may provide, from time to time and at its sole discretion, one or more chat areas, message boards, e-mail functions, instant messaging service, voice-mail, and other services (collectively, the "Forums"). Forums are provided by eSoft Interactive to you and others subject to this TOS, the Guidelines for Use of the Forums, (as defined below) the Privacy Statement, and other rules that may be published from time to time by eSoft Interactive. eSoft Interactive currently provides the Forums free of charge to users who agree to abide by this TOS and the Guidelines for Use of the Forums. eSoft Interactive reserves the right to change the nature of this relationship at any time.
REGISTRATION AND ACCEPTANCE OF TERMS
In consideration for your use of the Forums, you agree to (i) comply with this TOS and the Guidelines for Use of the Forums, (ii) provide eSoft Interactive with (A) accurate, complete and true information about yourself as required on the Forums registration form (your "Registration Information") in order to create your eSoft Interactive Forum Account (your "Account") and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate this TOS, the Guidelines for Use of the Forums, or provide inaccurate, false, or non-current Registration Information may, at eSoft Interactive's sole discretion, have their Account suspended or terminated, and may be permanently banned from using any Forum or other online eSoft Interactive service. As part of your Account, you will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your Account. You agree that you will (i) immediately notify eSoft Interactive of any unauthorized use of your user name or password and (ii) ensure that you properly exit a Forum at the completion of your session. eSoft Interactive shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements
ENTERING ANY FORUM WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE GUIDELINES FOR USE OF THE FORUMS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE GUIDELINES FOR USE OF THE FORUMS, PLEASE DO NOT ENTER ANY FORUM.
GUIDELINES FOR USE OF THE FORUMS
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Forums ("Content"). Listed below are some, though not all, violations that may result in eSoft Interactive terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:
1. Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
2. Transmit any Content in any Forum that eSoft Interactive considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
3. Impersonate in any Forum any person, including but not limited to, a eSoft Interactive official, chat or message board leader, guide or host;
4. Disrupt the normal flow of dialogue in a eSoft Interactive chat room or otherwise act in a manner that negatively affects other participants;
5. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums or make any commercial use of the Forums;
6. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;
7. Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software;
8. Upload files that contain a virus or corrupted data;
9. Invade the privacy or violate any personal or proprietary right of any person or entity; and
10. Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
By posting or uploading Content to any Forum or submitting any other Content to eSoft Interactive, you automatically grant (or warrant that the owner of such rights has expressly granted) eSoft Interactive a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so called "moral rights" (adroit moral)
You understand that the uploading to and/or posting of any Content in any Forum shall not be subject to any obligation of confidence on the part of eSoft Interactive, and eSoft Interactive shall not be liable for any use or disclosure of any Content. Without limitation of the foregoing, eSoft Interactive shall exclusively own all now known or hereafter existing rights to the Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider, author or owner of the Content.
You agree to indemnify eSoft Interactive for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading any Content to any Forum or submitting any Content to us or your failure to comply with this TOS. While eSoft Interactive does not and cannot review all Content posted by users in the Forums and is not responsible for the content of these postings, eSoft Interactive reserves the right to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity or otherwise unacceptable.
eSoft Interactive is not necessarily affiliated with sites which may be linked to or from the Site (the "Linked Sites") and is not responsible for their content. Those sites may collect data or solicit personal information from you. eSoft Interactive does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.
NO RESALE / EXPLOITATION
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
You understand and agree that eSoft Interactive may, in its sole discretion and at any time, terminate your password, Account or use of any Forum, and discard and remove any Content posted or submitted by you to any Forum, for any reason. eSoft Interactive may also, in its sole discretion and at any time, discontinue any Forum or limit or restrict any users access thereto, for any reason. You understand and agree that eSoft Interactive may take any one or more of these actions without prior notice to you. Should eSoft Interactive take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted Content. You understand and agree that eSoft Interactive shall not have any liability to you or any other person for any termination of your access to any Forum and/or the removal of information concerning your Account.
THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, eSoft Interactive DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. eSoft Interactive DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. eSoft Interactive DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT eSoft Interactive) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL eSoft Interactive BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF eSoft Interactive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL eSoft Interactive'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
This TOS shall be governed by and construed in accordance with the laws of the Philippines, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the federal courts located in Quezon City, Philippines, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
� 2004 eSoft Interactive Technologies, Inc., All rights reserved