Teagames.com - Terms of Use
1. About this web site
1.1 Teagames is an online games service operated and owned by Teagames Limited, comprising the website and downloadable interactive, single and multi-player games software under the label Teagames (all referred to in these Terms as "Teagames"). Teagames is a free to play service and these terms and conditions ("Terms") apply to all and any use of Teagames and all and any postings, emails, text messages, SMS and other communications made to or using it or any message board or similar services run by Teagames Limited ("Communications").
1.2 By using Teagames you agree to be bound by these Terms.
1.3 If you do not accept these Terms you should not use Teagames.
1.4 If you do not accept these Terms you should not make any Communications.
1.5 Teagames Limited may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from [http://www.teagames.com/index.php?page=terms].
2. Teagames
2.1 Third party websites with links from Teagames have not been verified or reviewed by Teagames Limited and use and access of such third party websites is made at your own risk.
2.2 Any username and password issued to you is personal to you in order to facilitate your access to Teagames and shall not be disclosed to any third party without Teagames Limited's prior written consent.
2.3 All email communications sent by Teagames Limited and attachments thereto are intended only for the addressee and/or others authorised to receive them.
3. Intellectual Property Rights, Copyright and Trade Marks
3.1 All the contents of the Teagames web site (including all intellectual property and other rights in that content and in its arrangement) are owned by Teagames Limited and any subsidiary or licensor and may not be used, copied or altered without the express consent of Teagames Limited.
3.2 You may use Teagames for your private, non-commercial, personal use only, provided that you retain all copyright notices and other proprietary notices contained on Teagames. You may not sub-licence or deal in this right without Teagames Limited's prior written permission.
3.3 All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor ("Intellectual Property Rights") in Teagames belong to and vest in Teagames Limited, or are licensed to Teagames Limited unless otherwise specified. All such rights of Teagames Limited are hereby asserted and reserved.
3.4 No person other than the rightful owner or licensee of such Intellectual Property Rights may:
3.5 distribute, modify, transmit, re-use, re-post, or use any or all of Teagames or the information contained therein for any purpose other than as set out above nor for public or commercial purposes without Teagames Limited's or the relevant licensee's prior written permission;
3.6 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Teagames without Teagames Limited's prior written permission;
3.7 display, publish, copy, print, post or otherwise use Teagames and the information contained therein for the benefit of any other website without Teagames Limited's or the relevant licensee's prior written permission;
3.8 process or otherwise use the information contained on or within Teagames for any illegal or immoral purpose nor use or process the same unfairly.
4. Contributions
4.1 If you submit any messages or other text and materials to this web site (whether in response to any request or otherwise):
4.1.1 you hereby grant to Teagames Limited a non-exclusive, royalty-free, transferable, world-wide licence from the date of that submission, to copy, reproduce, download, broadcast, transmit, publish, store, modify, adapt, or otherwise commercially exploit or use your contribution(s) in any manner and in any media for the full term of the intellectual property rights that may subsist in your contribution(s) (including any renewals, reversions, revivals or extensions thereof);
4.1.2 you hereby waive any and all moral rights in your contribution(s) to which you may be entitled under the laws of any applicable jurisdiction to the extent required to enable Teagames Limited to exercise the rights granted at 4.1.1 above;
4.1.3 you warrant that your contribution(s) will not infringe the intellectual property rights of any person and will not be defamatory; and
4.1.4 you indemnify Teagames Limited and any subsidiaries, associated companies and licensors against all losses, claims, costs and expenses that may be incurred or suffered by any of them as a result of the breach of any of the above warranties (clauses 4.1.1-3 inclusive).
4.2 Please do not submit any contribution(s) to the web site if you do not agree to grant the licence and provide the warranties in these Terms of Use set out above.
4.3 If you use any message boards or chat rooms on this web site, your contribution(s) must not be vulgar, abusive, offensive, defamatory, objectionable or otherwise unlawful.
5. Privacy Policy
5.1 This Privacy Policy applies to all and any use of this web site.
5.2 Since Teagames Limited is principally aiming this site web site at the UK and EU markets, Teagames Limited cannot guarantee that it accords with local laws of any other countries (though Teagames Limited will try to make sure it does).
5.3 Teagames Limited makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998, the Electronic Commerce (EC Directive) Regulations 2002 ("E-Commerce Directive") and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("E-Communications Regulations").
5.4 Teagames Limited collects information for two reasons - to enable Teagames Limited to process your requirements and to provide you with an up to date, efficient, and reliable gaming service.
5.5 Teagames Limited may ask you to submit personal data to the web site (for example your name, email address or contact details) to enable Teagames Limited to provide you with the services available through the web site. This information will be kept securely in accordance with Teagames Limited's internal security policy and may be used, stored and processed to improve the operation, administration and development of the web site as well as for marketing, advertising and promotional purposes but only in accordance with the Data Protection Act 1998 and other applicable laws.
5.6 Once you have contacted Teagames Limited and used Teagames Limited's services, you have a choice on whether or not you want Teagames Limited to contact you about future games and new items. Teagames Limited will not bombard you with emails, but Teagames Limited would like to keep you informed of the developments on this web site.
5.7 From time to time Teagames Limited may share this data with other reputable companies within the European Union who may contact you about services similar to those on this web site.
5.8 Where requested please check the relevant box marked:
[ ] "please send me further information" if you wish to receive information regarding this web site or Teagames Limited's games and services. If you do not check the box then Teagames Limited will not use your data in that way and will not email you with information.
[ ] "please pass on this data to reputable third parties whom may have information and services of interest for me" if you want Teagames Limited to pass the information on to third parties;
If you do not check the box then Teagames Limited will not pass your data in that way.
5.9 Teagames Limited will not transfer your information out of the EEA (European Economic Area) under any circumstances.
Cookies
5.10 In order to improve Teagames Limited's service and games Teagames Limited uses a device known as a 'cookie'. Cookies are a means by which information relating to your Internet activity (such as whether you have visited www.teagames.com before) is recorded and used by Teagames Limited to improve this web site and the games and services available to you.
5.11 If you do not wish for Teagames Limited to use cookies when you use www.teagames.com please adjust your Internet browser settings to not accept cookies. Your computer's help file should tell you how to do this. For example:
Internet Explorer version 4.0 and up:
Pull Down Tools Menu and click on Internet Options...
Click on Privacy tab
Choose between the range of "Accept All cookies" to "Block All Cookies".
Medium Privacy is the default in that range.
Netscape version 4.08 and up:
Pull down Edit menu and click on Preferences.
Click on Advanced category
Under Cookies section click on the "Disable cookies" radio button
You may also choose to be less restrictive, but then check the "Warn me before accepting a cookie" check box.
Click on the OK button
Alternatively you can contact Teagames Limited at [http://www.teagames.com/index.php?page=contact].
WARNING: IF YOU CHOOSE TO DISABLE COOKIES THE GAMES AND SERVICES ON THIS WEBSITE WILL NOT WORK.
6. Communications
6.1 Teagames Limited is engaged in the business of providing an interactive entertainment / games service and ancillary to this is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication for which it is a mere conduit. You agree and accept that Teagames Limited has no responsibility to review the content of the Communications on Teagames all of which are made available on the basis that Teagames Limited shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
6.2 The views expressed in any Communications are the views of the individual authors and not those of Teagames Limited unless specified otherwise by Teagames Limited. In particular but without limitation to the above Teagames Limited is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
6.3 Teagames Limited gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Communications or Teagames and shall not be responsible for any loss or damage caused as a result of any use of such material.
6.4 You agree and undertake that you will not post or transmit to, through or using Teagames any statement, material or Communication that:
6.4.1 is unlawful or which gives rise to civil or criminal liability;
6.4.2 is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
6.4.3 is defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material whatsoever.
6.4.4 You agree to indemnify and hold harmless Teagames Limited against all liability it may have in respect of and arising out of your use of this web site and your Communications.
7. Liability
7.1 Teagames Limited provides and maintains Teagames for personal entertainment, on an "as is" basis. Teagames Limited shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with Teagames.
7.2 Subject as aforesaid, to the maximum extent permitted by law, Teagames Limited excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Teagames Limited and Teagames Limited shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
7.2.1 any incorrect or inaccurate information on Teagames and all interruptions to or delays in updating the service;
7.2.2 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Teagames;
7.2.3 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading Teagames, or from transmissions via emails or attachments received from Teagames Limited or its licensees;
7.2.4 the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which Teagames link and web site located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
7.2.5 all representations, warranties, conditions and other terms which but for this notice would have effect.
7.3 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Teagames Limited's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
8. Termination
8.1 Teagames Limited shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of Teagames upon your breach of any part of these Terms whatsoever.
8.2 Termination shall be without prejudice to the accrued rights of either party.
8.3 Teagames Limited will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
9. General
9.1 Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
9.2 All questions, comments or enquiries should be directed by email at [http://www.teagames.com/index.php?page=contact].
9.3 Teagames Limited acts as principal on its own account and not as agent for you or any other person.
9.4 If Teagames Limited does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.
9.5 In the event that any part of these terms and conditions is held to be unenforceable, such part will at Teagames Limited's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.
9.6 These terms and conditions constitute the entire agreement between you and Teagames Limited and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.
9.7 Use of Teagames and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
9.8 It is hereby asserted that Teagames is intended for and directed at the UK and no representation or warranty is made as to whether Teagames complies with the regulatory regime and local laws of any other countries.
10. Teagames Sweepstakes Official Rules - No Purchase Necessary
10.1 Eligibility - The Teagames Sweepstakes ("Sweepstakes") is open to individuals age thirteen (13) or older who have registered at www.teagames.com (the "Teagames Site"). Employees of Liberty Media Corporation, Fun Technologies Inc, their affiliates, subsidiaries, their promotion agencies, and members of their immediate families, regardless of whether they reside in the same household, are not eligible. Void in Puerto Rico and where prohibited by law. For purposes of this Sweepstakes, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses.
10.2 Sweepstakes Periods - The Sweepstakes will be conducted each week, unless otherwise terminated early or extended by the Sponsor, in its sole discretion.
10.3 How to Enter - You may enter the Sweepstakes each time you log into the Teagames Site. There is a limit of one entry per person per "Week" (defined as 12:00:00am Monday through 11:59:59pm Sunday) regardless of how many times a person logs into the Teagames Site.
10.4 Selection of Winners - Random drawings will be conducted every Monday of the Sweepstakes from entries received for the immediately preceding Week, with one winner drawn from entrants from the United States and one winner drawn from entrants from outside the United States. Odds of winning any drawing depend on the number of eligible mail and online entries received for that drawing. Entries will not be included in subsequent drawings. Winners will be notified via e-mail, regular mail, or telephone. Entrants are responsible for insuring that all mailing and e-mail information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential prize winner and an alternate winner will be selected.
10.5 Prizes - Two prizes per Week will be awarded, one to a United States entrant and one to a non-United States entrant. Winners will receive a $250.00 gift certificate to use at Amazon.com. Sponsor reserves the right to substitute a prize of equal or greater value in its sole discretion. Winners will be limited to winning a maximum of two prizes per calendar year.
10.6 Acceptance of Official Rule - As a condition of entry, participants fully and unconditionally agree to these Official Rules and to Sponsor's decisions, which are final and binding in all respects.
10.7 Entry Errors - Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected purchase information. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
10.8 Disputes - In the event of a dispute as to any winner who entered by making an online entry, the person to whom the Teagames registration was assigned will be deemed the winning entrant. Potential winners may be required to show proof of identification.
10.9 Substitution; Taxes - No assignment or transfer of prizes will be permitted, except at Sponsor's sole discretion. WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF ANY PRIZE.
10.10 Potential Winner - Publicity. As a condition of entry, you grant consent to Sponsor and its agents to use of your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without further payment, consideration, notice or approval and without geographic or time limitation. Liability. You agree that Liberty Media Corporation, Fun Technologies Inc. and their subsidiaries and affiliated companies and all their advertising and promotion agencies will have no liability whatsoever in connection with this Sweepstakes and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Sweepstakes or your acceptance, use or misuse of a prize.
10.11 Conditions of Participation - Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Sweepstakes is terminated early, Sponsor reserves the right, but not the obligation, to award prizes to persons who entered prior to the date of termination. Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
10.12 Disputes/Choice of Law - Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Boston, Massachusetts (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Massachusetts law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto.
10.13 Winners Lists - For the names of the winners, mail a self-addressed stamped envelope to: Fun Technologies Inc., 275 Grove Street, Newton, MA 02466
10.14 Sponsor - This Sweepstakes is sponsored by: Fun Technologies Inc., 275 Grove Street, Newton, MA 02466