1. Acceptance
Welcome to the Comcast Games on Demand web site and online Content
offering (the "Service"), operated on behalf of Comcast
Cable Communications LLC by Exent Technologies Inc. (the "Service
Provider"). The Service is offered by Service Provider through
web pages at the URL: http://gamesoduser.comcast.net
and pages linked therefrom that display Comcast Games on Demand branding.
By accessing the Service or using the Service, you unequivocally agree,
acknowledge, and undertake, without limitation or qualification, to
be bound by all of the following terms and conditions herein and such
other additional or alternative terms, conditions, rules and policies
which are displayed or to which you may be directed in connection
with any particular Service web site or Content offering, as may be
modified by Service Provider from time to time (collectively the "Terms
and Conditions").
Please note that the Terms and Conditions may be updated from time
to time without notice to you, so you are responsible for checking
back periodically. As these Terms and Conditions contain legal obligations,
please read this document carefully.
Service Provider may deliver any required or desired notice to
you by posting it on the Service's web site or on another web site
about which you have been notified, or by sending notice via e-mail,
first class U.S. postal mail, or overnight mail to your physical
address of record. You agree that any one of the foregoing will
constitute sufficient notice. Because we may from time to time notify
you about important information regarding the Service by these methods,
you agree to regularly check your postal mail, e-mail and all postings
on the Service's web site or on another web site about which you
have been notified and bear the risk of failing to do so.
Please note that your full and strict compliance with the entire
Terms and Conditions is material and fundamental and that Service
Provider agrees to allow you access to the Services, in full reliance
on your firm commitment to fully and strictly comply with the entire
Terms and Conditions and that the Service Provider would not have
made the Services available to you had such commitment on your behalf
not been made and had any of the Terms and Conditions not been fully
and strictly complied with by you.
ALSO NOTE: YOU MUST BE 18 YEARS OF AGE OR OLDER TO PURCHASE THE
SERVICE AND YOU MUST BE IN THE UNITED STATES TO RECEIVE THE SERVICE.
You represent and warrant that you are of legal age to form a
binding contract and are not a person barred from receiving services
under the laws of the United States
2. Privacy
For information on how your information is collected, used and communicated
by Service Provider in relation to the Service, please see our Privacy
Policy.
3. E-Mail Communications
From time to time Service Provider will contact you by e-mail or phone
to provide customer service and support. So long as you are a subscriber
to the Service, you will not be able to choose to unsubscribe from
customer support communications, as they are considered an essential
part of the service you have chosen. Service Provider may also send
you e-mail newsletters. You can chose to unsubscribe from any such
e-mail communications by following the unsubscribe directions posted
at the bottom of the applicable e-mail. From time to time, you may
also be given the opportunity to receive communications we believe
may be of interest to you on an opt-in basis.
4. Registration, Accounts and Passwords
Certain elements of the Service and related features may require registration.
Should you choose to register for the Service or related features,
you agree to provide accurate and current information about yourself
and to promptly update such information as necessary in order to ensure
that it is accurate and complete. You agree to be responsible for:
(a) maintaining the confidentiality of any passwords or other account
identifiers which you choose or are assigned as a result of any registration
over the Service, and (b) all activities that occur under such password
or account. Further, you agree to notify Service Provider of any unauthorized
use of your password or account. Service Provider shall not be responsible
or liable, directly or indirectly, in any way for any loss or damage
of any kind incurred as a result of, or in connection with, your failure
to comply with this Section 4.
In order to provide you with ease of access to your account, Service
Provider will place a "cookie" (a small text file) on
any computer from which you access the Service web site. When you
revisit the Service web site, this "cookie" will enable
us to recognize you as the account holder and provide you with direct
access to your account without requiring you to retype any password
or other user identification. You are responsible for maintaining
the confidentiality of your account and password and for restricting
access to your computer.
5. Rules and Conduct
In consideration of the availability, and your use, of the Service, you agree and undertake, while visiting the Service, not to:
post, transmit, link to, or otherwise distribute any information
constituting or encouraging conduct that would constitute a criminal
offense or give rise to civil liability, or otherwise use the Service
in a manner which is contrary to law or would serve to restrict
or inhibit any other user from using or enjoying the Service or
the Internet;
defame, abuse, stalk, harass, threaten or otherwise violate the
legal rights of others, including without limitation, rights relating
to privacy and publicity;
post, transmit, link to, or otherwise distribute any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
material or information;
post, transmit, link to, or otherwise distribute any information
or software which contains a virus, cancelbot, trojan horse, worm
or other harmful or disruptive component;
upload, post, publish, transmit, reproduce, link to or otherwise
distribute in any way, information, software or other material
obtained through the Service or any derivative work thereof, which
is protected by copyright, or any other intellectual property
right, without obtaining permission of the copyright owner or
right holder;
impersonate or falsely represent your association with any person,
including an Service Provider representative; or
use, reproduce, sell, resell or otherwise exploit the Service
for any commercial purposes.
6. Monitoring
You acknowledge that Service Provider has no obligation to monitor
the Service or any software, games, videos, music, images, text or
other products or services (collectively, "Content") accessible
through the Service. However, you agree that Service Provider has
the right to monitor the Service electronically from time to time
and to disclose any information as necessary to comply with any law,
regulation or other governmental request, to operate the Service properly,
or to protect itself or its users in accordance with Service Provider's
Privacy
Policy. Service Provider reserves the right to refuse to post
or to remove any information or materials, in whole or in part, that
it determines, in its sole discretion, to be unacceptable, undesirable,
or in violation of the Terms and Conditions. You understand that by
using the Service, you may have access to Content that may be offensive
or objectionable to you. Under no circumstances shall Service Provider
be responsible or liable, directly or indirectly, in any way for any
loss or damage of any kind incurred as a result of, or in connection
with, any use of, or access to, any such Content.
7. Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings
with any third parties, including any merchants or advertisers, found
on, or through, the Service, including payment for and delivery of
related goods and services, and all other terms, conditions, representations
and warranties related to such dealings, are solely between you and
such third parties. Service Provider assumes no responsibility whatsoever
for any charges you or any user of your account incurs when making
purchases or other transactions in this manner. Further, the responsibility
for ensuring compliance with all applicable laws in connection with
any such transactions shall be the user's alone. You agree that Service
Provider shall not be responsible or liable, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result
of, or in connection with, any of such dealings or transactions.
8. Service Description
The Service is provided on an "as is" basis without representations,
warranties or conditions of any kind, and you acknowledge and agree
that Service Provider shall have no responsibility for, or liability
in respect of, any aspect of the Service used by you, including without
limitation for any lost or damaged data or any acts or omissions of
Service Provider. SERVICE PROVIDER ALLOWS ONE SERVICE ACCOUNT PER
INDIVIDUAL WITH A LEGITIMATE ELECTRONIC MAIL ADDRESS. THE SERVICE
IS PROVIDED TO INDIVIDUALS AND FOR PERSONAL USE ONLY. Any unauthorized
commercial use of the Service, or resale of the Service is expressly
prohibited. The components and any aspects of the Service may be modified
or deleted by Service Provider at any time for any reason or for no
reason at all, in Service Provider's sole discretion, with or without
notice to you.
In consideration of your subscription, membership or pay-per-use
fees and your compliance with these Terms and Conditions, Service
Provider grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on your
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided
by Service Provider for use in accessing the Service.
You acknowledge that Service Provider may, from time to time, issue
upgraded versions of the application(s) required to use the Service,
and may automatically electronically upgrade the version of such
application(s) that you are using on your computer. You consent
to such automatic upgrading, and agree that these Terms and Conditions
(as amended from time to time) will govern all such upgraded versions.
The application(s) will operate only on those hardware and software
platforms specified in the application documentation. It is your
responsibility to ensure that you have the appropriate software,
hardware and Internet connection to operate the then-current version
of the Application. Service Provider reserves the right to cease
supporting any hardware or software platform at any time, with or
without notice.
Service Provider shall have no obligation to maintain any Content
in the Service. In consideration of the availability, and your use,
of the Service, you agree to comply with all applicable laws and
the Terms and Conditions in using the Service and are solely responsible
for all acts or omissions that occur under your account or password.
If you do not agree with these Terms & Conditions, your only
recourse is to discontinue your use of the Service and terminate
your account. You acknowledge and agree that Service Provider may
terminate your Service account at any time for any reason or for
no reason at all, at Service Provider's sole discretion, without
prior notice, or any notice. Each game title made available through
the Service and any client software required to operate the Service
may have its own terms and conditions governing the use of such
software. You hereby agree to comply with those terms and conditions.
Your use of and access to the Service constitutes your acceptance
of the terms and conditions for the relevant Content as set out
on the Atari
End-User License Agreement, the Ubisoft
Entertainment End User License Agreement, and the Strategy
First End-User License Agreement.
9. Membership and Billing
Some offerings on the Service are monthly subscription or pay-per-use
services. If you sign-up to use a monthly subscription or pay-per-use
service with any of our sites, you hereby agree to pay all charges
to your account, including applicable taxes, in accordance with billing
terms in effect at the time the fee or charge becomes payable. We
reserve the right to change the amount of, or basis for determining,
any fees or charges for services we provide, and to institute new
fees, charges, or terms at any time. Monthly subscription services
will automatically renew on a monthly basis at the then-current fee
or charge unless you cancel your subscription. Monthly subscriptions
will terminate at the end of the then current month after cancellation.
You may use both a monthly subscription and pay-per-use service within
any month.
You may cancel your account by going to the My
Account area on the left navigation bar of the Service, logging
in, and checking the box next to cancel subscription.
From time to time, free trial subscriptions may be made available
to first-time customers of the Service. These may not be combined
with any other offer. Only one free trial may be redeemed per household.
Upon registering for your free trial, you will be authorized for
a limited period of service. Although a valid credit card is required
to register for the free trial, no charges will appear on your bill
unless you do not cancel prior to the end of your free trial period.
Your free trial may entitle you, during the term of your free trial,
to the same service provided to our paying subscribers or a limited
level of service (for example, you may only be able to access a
sub-set of the Content provided to paying subscribers), at Service
Provider's sole discretion. Service Provider will begin billing
you for recurring subscription fees for the relevant offering and
any applicable sales tax at the end of your free trial period unless
you cancel prior to the end of your free trial. YOU MUST CANCEL
PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES.
10. Software Downloads
Service Provider may make software available to you for downloading
on your initiative. Such software is made available to you subject
to the terms and conditions referenced during the software installation
process. You agree that it is your sole responsibility to review and
evaluate any such software and the related terms and conditions, and
that all risk associated with the use of, or reliance on, such software
rests with you. You further agree that Service Provider, including
its suppliers, shall not be responsible or liable, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result
of, or in connection with your use of, or reliance on, any such software,
including the failure of such software to meet your needs, standards,
expectations or desired specifications.
11. Disclaimer Regarding Third Party Content
The Service offers access to third-party web pages and Content available
over the Internet. Service Provider generally exercises no control
over such third party Content, web pages, or sites, including, but
not limited to, third party Content contained on or accessible through
the Service web site or web sites displayed as search results or contained
within a directory of links on the Service Content. You agree that
it is your responsibility to review and evaluate any such Content,
and that any and all risk associated with the use of, or reliance
on, such Content rests with you. You further agree that Service Provider
shall not be responsible or liable, directly or indirectly, in any
way for any loss or damage of any kind incurred as a result of, or
in connection with your use of, or reliance on, any such Content.
12. User Content
In respect of any and all Content you elect to post on the Service
which is accessible by the general public, such as on public forums,
you grant Service Provider a world-wide, royalty-free, nonexclusive,
and unrestricted license to use, copy, adapt, transmit, publicly display
and perform, distribute and create compilations and derivative works
from and/or destroy or dispose of such Content. Such license shall
apply with respect to any form, media, or technology now known or
later developed. You hereby waive any moral rights that may exist
in connection with Content that you elect to post. With respect to
any and all Content you elect to post or transmit using the Service,
you agree that Service Provider may preserve and disclose any Content
associated with your account where required to do so by law or where
such preservation or disclosure is reasonably believed by Service
Provider to be necessary to ensure compliance with the law, enforce
the Terms and Conditions or protect the rights and interests of Service
Provider or any other person. For additional information regarding
disclosure of Content and User Information, please review Service
Provider's Privacy
Policy.
You agree to indemnify and hold Service Provider, its affiliates,
suppliers, co-branders and other partners, directors, officers,
employees and agents harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service,
your violation of these Terms and Conditions, or your violation
of any rights of another.
13. Service Modifications
You acknowledge and agree that Service Provider reserves the right
at any time to modify or discontinue the Service with or without notice
to you, and that Service Provider will not be responsible or liable,
directly or indirectly, to you or any other person in any way for
any loss or damage of any kind incurred as a result of, or in connection
with, any such modifications or discontinuance.
14. Termination
You acknowledge and agree that Service Provider, in its sole and absolute
discretion, may, without notice to you, suspend or terminate your
account or your use of, or access to, the Service, and remove and
discard any information or Content related to such Service (and your
use thereof), for any reason, including where Service Provider believes
that you have violated any of the Terms and Conditions. You further
agree that Service Provider shall not be liable to you or to any other
person as a result of any such suspension or termination. If you are
dissatisfied with the Service or with any terms, conditions, rules,
policies, guidelines, or practices of Service Provider in operating
the Service, your sole and exclusive remedy is to discontinue using
the Service and cancel your subscription. Any amounts payable for
the Service shall be payable in advance and Service Provider shall
not be required to refund to you any amounts prepaid for use of any
Services and shall neither be required to refund to you any amounts
charged to you subsequent to termination for the billing period during
which services were rendered.
All representations, warranties, indemnifications and limitations
of liability contained in these Terms and Conditions shall survive
termination, as well as any other obligations of the parties hereunder
which, by their terms, would be expected to survive such termination
or which relate to the period prior to termination.
15. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, TO THE EXTENT
ALLOWABLE BY LAW, (A) THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND THAT SERVICE PROVIDER MAKES
NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section
"WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY OF INFORMATION,
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY
EXPRESSLY DISCLAIMED, AND (B) SERVICE PROVIDER SPECIFICALLY MAKES
NO WARRANTIES THAT THE SERVICE, INCLUDING ANY CONTENT, INFORMATION,
PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SERVICE,
WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU FURTHER EXPRESSLY ACKNOWLEDGE,
UNDERSTAND AND AGREE THAT YOUR USE OF ANY OF THE SERVICE IS AND
SHALL REMAIN AT YOUR SOLE RISK.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE EXTENT
ALLOWABLE BY LAW, IN NO EVENT SHALL SERVICE PROVIDER AND/OR ANY
OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR REPRESENTATIVES,
INCLUDING ITS AFFILIATES, BE LIABLE, IN ANY WAY WHATSOEVER, FOR
ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR
LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS
OF WHETHER SERVICE PROVIDER HAD BEEN ADVISED OF OR COULD HAVE FORESEEN
THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH ANY OF THE FOLLOWING: (A) THE USE, INABILITY TO USE OR PERFORMANCE
OF THE SERVICE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION
TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER
RELATING TO THE SERVICE, REGARDLESS OR WHETHER ANY OF THE FOREGOING
IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL
PURPOSE.
17. Indemnity
You agree to defend, indemnify and hold Service Provider, its affiliates,
suppliers, co-branders and other partners, directors, officers,
employees and agents harmless from any and all liabilities, claims,
costs and expenses, including reasonable attorneys' fees, related
to or in connection with your, or any user, whether or not authorized
by you, of your account's: (a) violation of the Terms and Conditions,
or (b) use of the Service or Content, or (c) your placement, posting
or transmission of any message, information, software or other Content
on the Service.
18. No License; Intellectual Property of Service Provider and
Others
Except as expressly provided, nothing herein or within the Service
shall be construed as conferring any license under any of Service
Provider's or any third party's intellectual property rights, whether
by implication, waiver, or otherwise. Without limiting the generality
of the foregoing, you acknowledge and agree that certain Content
available through and used to operate the Service is protected by
copyright, trademark, patent, or other proprietary rights of Service
Provider, its affiliates, licensors, and/or service providers. Without
limiting the generality of the foregoing, the rights granted to
you herein are expressly made subject to full and strict compliance
by you with any and all of the provisions of these Terms and Conditions,
including, without limitation, full and strict compliance with all
of the following: You undertake, acknowledge and agree that you
shall not, and shall not allow any other third party, to (a) remove
any copyright, trademark or other proprietary notice or disclaimer
(each, a "Notice") from the Service (and you shall
reproduce all Notices within and/or upon any copies and partial
copies thereof made in accordance with the Terms and Conditions);
(b) make a use of the Service for any purpose other than the purpose
for which such intellectual property is made available to users
through the Service; (c) modify, copy, adapt, distribute, translate
or create derivative works, of any kind whatsoever, of any software,
applications or programs used in connection with the Service; or
(f) reverse engineer, de-compile, disassemble or otherwise attempt
to derive the source code of any of the software, applications or
programs used in connection with the Service.
19. Trademarks
Comcast Games on Demand is a trademark of Comcast Cable Communications
LLC. All product, brand and company names and logos used on the
Service are the trademarks or registered trademarks of their respective
owners. Any use of any of the marks appearing on the Service without
the express written consent of Comcast Cable Communications LLC
or the owner of the mark, as appropriate, is strictly prohibited.
20. Copyright Notices
All information and Content contained on, or made available over,
the Service are: Copyright © 2004 Comcast Cable Communications
LLC, Exent, Inc, and/or its suppliers (including but not limited
to game publishers). All rights reserved. Any copying, republication
or redistribution of such Content, including by caching, framing
or similar means, is expressly prohibited without the prior written
consent of the copyright owner and Comcast Cable Communications
LLC.
21. Territory
You acknowledge that specific software applications and other Content
may have territorial restrictions, as displayed on the appropriate
web page. You agree to abide by such territorial restrictions as
part of the Terms and Conditions.
22. Miscellaneous
The Terms and Conditions constitute the entire agreement between
Service Provider and you pertaining to your use of the Service and
supercede any prior agreements between you and Service Provider.
Service Provider's failure to insist upon or enforce strict performance
of any right or provision of the Terms and Conditions shall not
constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained in the Terms
and Conditions are determined to be void, invalid or otherwise unenforceable
by a court of competent jurisdiction, such determination shall not
affect the remaining provisions (or parts thereof) contained herein.
The Terms and Conditions shall be governed by and construed in accordance
with the laws of the State of New York, USA and the federal laws
of the United States of America applicable therein. You agree that
any dispute in connection with the Service shall be the sole and
exclusive jurisdiction of the courts of the State of New York and
you irrevocably agree to the jurisdiction of such courts. Any action
in connection with the Service shall be brought in the State of
New York. The parties have required that the Terms and Conditions
and all documents relating thereto be drawn up in English.
23. Promotional Items
In connection with the Service you may receive hardware or software
devices as part of a promotion or other marketing event in connection
with the Service (each a "Promotional Item"). A
Promotional Item provided to you is provided as a courtesy only
in connection with your subscribing to the Service. All Promotional
Items are provided on an "as is" and "as available"
basis. Promotional Items are for personal use only and cannot be
resold. Under no circumstances will Service Provider, including
its affiliates or third-party suppliers, be responsible or liable
for any damages whatsoever, including direct, indirect, special
or consequential damages, that may arise out of or in connection
with (i) the provision of a Promotional Item, (ii) the use of, inability
to use or performance of a Promotional Item, or (iii) the design,
manufacture, operation or malfunction of a Promotional Item. Use
of a Promotional Item is subject to the manufacturer's terms and
conditions, including minimum systems requirements. Additional hardware
and/or software may be required in order to use a Promotional Item.
Customer service and support is not provided for Promotional Items.
Contacting Us: For any inquiries or notices required in connection
with this Agreement, you may contact us via e-mail at our online
customer support (or such other e-mail address as Service Provider
may designate).
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