TERMS & CONDITIONS
AGREEMENT AND SERVICES
If you create a Pong Game Studios account within any Pong Game Studios Offering, you must provide truthful and accurate information to us in creating such account. If Pong Game Studios has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Pong Game Studios may suspend or terminate your ability to use or access a Pong Game Studios Offering, and refuse any and all current or future use of or access to any or all Pong Game Studios Offerings (or any portion thereof). Pong Game Studios requires all users to be over the age of thirteen (13).
Pong Game Studios reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access a Pong Game Studios Offering, send e-mails or electronically chat with Pong Game Studios, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Pong Game Studios Offerings. You agree that all agreements, notices, disclosures and other communications that Pong Game Studios provides to you electronically satisfy any legal requirement that such communications be in writing.
Certain Pong Game Studios Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs ("virtual items") that can be used while playing the Pong Game Studios Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Pong Game Studios Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.
You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Pong Game Studios Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Pong Game Studios Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Pong Game Studios Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
Pong Game Studios may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Pong Game Studios will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Pong Game Studios Offering account is terminated or suspended for any reason, in Pong Game Studios sole discretion, or if Pong Game Studios discontinues any Pong Game Studios Offering or any portion or feature of any Pong Game Studios Offering.
SOCIAL NETWORK SITES
If you access a Pong Game Studios Offering via a third party social networking site (a "Social Game"), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.
If Pong Game Studios has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Pong Game Studios may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Pong Game Studios Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Pong Game Studios does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Pong Game Studios Offerings. Pong Game Studios does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Pong Game Studios Offerings. You agree to indemnify Pong Game Studios and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Pong Game Studios Offerings.
Posting, transmitting, promoting, or distributing any content that is illegal
Harassing or threatening any other user of a Pong Game Studios Offering or any employee or contractor of Pong Game Studios
Impersonating another person, indicating that you are a Pong Game Studios employee or a representative of Pong Game Studios (if you are not), or attempting to mislead users by indicating that you represent Pong Game Studios in any way
Attempting to obtain a password, other account information, or other private information from any other user of a Pong Game Studios Offering
Uploading any software, files, photos, images or any other content to a Pong Game Studios Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any Pong Game Studios Offering.
Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Pong Game Studios representatives.
Posting or communicating any player's real-world personal information within a Pong Game Studios Offering or by or through a Pong Game Studios Offering or any related bulletin board.
Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Pong Game Studios Offering, or using or launching any unauthorized script or other software.
Using a false e-mail address or otherwise disguising the source of any content that you submit within a Pong Game Studios Offering, or using tools which anonymize your internet protocol address.
Interfering or circumventing any Pong Game Studios Offering security feature or any feature that restricts or enforces limitations on use of or access to a Pong Game Studios Offering.
Attempting to sell any part of a Pong Game Studios Offering, including, without limitation, any virtual items (if applicable), Pong Game Studios accounts and access to them in exchange for real currency or items of monetary or other value.
Engaging in cheating or any other activity that Pong Game Studios deems to be in conflict with the spirit of a Pong Game Studios Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Pong Game Studios Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Pong Game Studios Offerings (other than with respect to the information you provide to us in establishing your Pong Game Studios account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Pong Game Studios Offering may be seen and used by others and may result in unsolicited communications. Pong Game Studios is not liable for any information that you choose to submit or communicate to other users on or through any Pong Game Studios Offerings, or for the actions of any other users of any Pong Game Studios Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Pong Game Studios Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and you will indemnify Pong Game Studios and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Pong Game Studios permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Pong Game Studios Offering, you expressly grant Pong Game Studios the complete, worldwide, fully sub licensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind, and you hereby waive all moral rights you may have in any such content or materials. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Pong Game Studios Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Pong Game Studios Offerings, or otherwise exploit your participation on or through any Pong Game Studios Offerings for any commercial purpose.
When you post a review, we will display your rating of the Pong Game Studios Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favourite game and favourite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
PONG GAME STUDIOS GAMES SOFTWARE
NEITHER PONG GAME STUDIOS CORPORATION NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY PONG GAME STUDIOS SOFTWARE, AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE PONG GAME STUDIOS SOFTWARE, RESIDES WITH YOU.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a Pong Game Studios Offering that are not owned by Pong Game Studios are "third party content and services". Pong Game Studios acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Pong Game Studios Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Pong Game Studios does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
TERMINATION OF ANY PONG GAME STUDIOS ACCOUNT
Pong Game Studios reserves the right to collect fees, surcharges or costs incurred before you cancel your Pong Game Studios account(s) or a particular subscription. In the event that your Pong Game Studios account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Pong Game Studios may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Pong Game Studios account is terminated or suspended for any reason, in Pong Game Studio's sole discretion, or if Pong Game Studios discontinues any Pong Game Studios Offering that includes virtual items.
INTELLECTUAL PROPERTY RIGHTS
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY PONG GAME STUDIOS OFFERING, PONG GAME STUDIOS SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL PONG GAME STUDIOS OFFERINGS AND PONG GAME STUDIOS SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PONG GAME STUDIOS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PONG GAME STUDIOS OFFERINGS OR PONG GAME STUDIOS SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE PONG GAME STUDIOS OFFERINGS, PONG GAME STUDIOS SOFTWARE, NEWSLETTERS E-MAILS OR OTHER COMMUNICATIONS SENT FROM PONG GAME STUDIOS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PONG GAME STUDIOS IS TO STOP USING THE PONG GAME STUDIOS OFFERINGS AND PONG GAME STUDIOS SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR PONG GAME STUDIOS ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT PONG GAME STUDIOS IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART (INCLUDING NEGLIGENCE), OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A PONG GAME STUDIOS OFFERING BY, ANY PONG GAME STUDIOS OFFERING USER. IN NO EVENT SHALL PONG GAME STUDIOS OR ITS RESPECTIVE EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PONG GAME STUDIOS FOR YOUR PARTICIPATION IN ANY PONG GAME STUDIOS OFFERING. IN NO CASE SHALL PONG GAME STUDIOS OR ITS RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY PONG GAME STUDIOS OFFERING OR PONG GAME STUDIOS SOFTWARE. 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, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT PONG GAME STUDIOS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PONG GAME STUDIOS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF PONG GAME STUDIOS OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING PONG GAME STUDIOS OFFERINGS AND PONG GAME STUDIOS SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
EXPORT CONTROL LAWS
Certain Pong Game Studios Offerings may be subject to Canada and international export controls. By accessing Pong Game Studios Offerings, you warrant that you are not located in any country, or exporting any Pong Game Studios Offerings, to any person or place to which Canada or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Pong Game Studios Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW AND JURISDICTION
STATUTE OF LIMITATIONS
Pong Game Studios Corporation
201 Creditview Rd.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Pong Game Studios Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Pong Game Studios Corporation. For your notice to be effective, it must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Pong Game Studios Offering;
(iv) Information reasonably sufficient to permit Pong Game Studios to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) 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
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pong Game Studios Corporation
201 Creditview Rd. Vaughan, Ontario