BREAKAWAY LTD. WEB SITE TERMS OF SERVICE
All Rights Reserved
ATTENTION: THESE TERMS OF SERVICE (THE “AGREEMENT”) SET FORTH THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE BREAKAWAY LTD., INC. (“BREAKAWAY”) WEB SITES AND THE SERVICES AND MATERIALS ON THOSE SITES OFFERED TO YOU BY BREAKAWAY(THE “SERVICE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE SERVICE.
BreakAway may at any time revise this Terms of Service Statement by updating this posting, so you should periodically examine the current Terms of Service to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
1. Restrictions on Use
As part of the Service you will be provided with information, links to other web sites and other services that BreakAway may decide to offer, all of which are subject to these Terms of Service. BreakAway may, in its sole discretion, at any time without prior notice or liability, add to, discontinue or alter any aspect of the Service, including, but not limited to restricting (i) the time of availability, (ii) the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) the amount of use permitted, and (iv) restricting or terminating any user’s right to use all or part of the Service, at any time in BreakAway’s sole discretion and without prior notice or liability.
All material on the site, including software, communications, graphics (including but not limited to all graphics and artwork ), sounds, music, video, audio, text and all other material and information made available by BreakAway, to you or any other user on the Service (collectively, the “Content,”) and all intellectual property rights therein, are owned, controlled, or licensed in whole or in part by BreakAway or by other individuals or organizations and are protected by worldwide copyright, trademark and other applicable intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works or distribute Content from the Service without the express authorization of BreakAway or the copyright owner. You may, however, download Content from the Service (unless restricted by BreakAway) for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Content in accordance with all restrictions applicable to your use of the Service in general. In the event you properly download content from the Service, a non exclusive, limited, terminable at will license is granted to you by BreakAway and/or the copyright owner. Under this license no rights or title are being transferred to you. BreakAway does not pre-screen all Content available on the Service and does not assume any responsibility or liability for Content whether provided by users of the Service or by third parties or BreakAway. BreakAway reserves the right to remove any Content at any time without notice at its sole discretion for any reason. NEITHER BREAKAWAYNOR ITS AFFILIATES ARE LIABLE IN ANY MANNER FOR REMOVAL OF CONTENT, FAILURE TO REMOVE, OR DELAY IN REMOVING CONTENT.
Names, trademarks, service marks, trade names, trade dress, logos and products of BreakAway appearing on this site are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by BreakAway, except with the express written permission of BreakAway. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any patent or trademark of BreakAway or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any BreakAway copyright. Other products, services and company names mentioned on the Site are for identification purposes only and may be trademarks of their respective owners.
You are solely responsible for all content including, but not limited to text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, “User Content”) that you post, e-mail, or otherwise transmit via this Site. BreakAway does not control User Content posted or otherwise transmitted via this Site and BreakAway does not guarantee the accuracy, integrity, or quality of such User Content. If your postings cause BreakAway to be liable to any third party you agree to indemnify BreakAway for any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of your postings.
5.1. By uploading Content, inputting data, or engaging in any other form of communication (a “Communication”) through the Community Areas and the Service you are granting BreakAway a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication will be subject to any obligation of confidence on the part of BreakAway. You waive and relinquish any “moral rights” that may exist in any Communication, and agree not to assert any moral rights in any Communication. You shall not be entitled to any credit, consideration, notice or payments of any kind. If any use by BreakAway of the Communication causes it to be liable to any third party you agree to indemnify BreakAway for any and all damages, costs, judgments and expenses (including reasonable attorney fees) which it incurs as a result of its use of the Communication.
5.2. Downloadable Software License Terms. Any software that you may download from this Site (“Downloaded Software”) is the copyrighted work of BreakAway and/or its licensors. Use of Downloaded Software is governed by the terms of any end-user license agreement that may accompany the Downloaded Software. The following terms apply to your use of Downloaded Software (to the extent not inconsistent with any accompanying end-user license agreement): (a) BreakAway hereby grants to you a personal, non-exclusive, non-transferable, limited license to use the object code version of the Downloaded Software solely on your single personal computer; (b) DOWNLOADED SOFTWARE IS PROVIDED STRICTLY ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF BREAKAWAYHAS BEEN INFORMED OF SUCH PURPOSE), NON-INFRINGEMENT OR COMPATIBILITY WITH YOUR COMPUTER HARDWARE OR SOFTWARE; (C) BREAKAWAYHAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE DOWNLOADED SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU; and (d) your license to use the Downloaded Software will terminate automatically and without notice in the event that you violate any of these license terms.
6. Content in the Community Areas and on the Service.
Communications posted in the Community Areas and through the Service are provided by users who are unaffiliated with BreakAway, and the user providing each such Communication is solely responsible for its content. In using the Community Areas or receiving e-mail messages through the Service, you should not assume that such messages have been reviewed by BreakAway, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. UNDER NO CIRCUMSTANCE WILL BREAKAWAYBE LIABLE IN ANY WAY FOR ANY COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS ON OMISSIONS IN ANY COMMUNICATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMMUNICATION POSTED, E-MAIL, OR OTHERWISE TRANSMITTED VIA THE SERVICE.
7. Personal Safety
When using the Service please be certain that anything that you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
While BreakAway is pleased to hear from users and welcomes your comments regarding BreakAway’s programs and services. BreakAway’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by BreakAway’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while BreakAway values your feedback, BreakAway must ask that you do not send original creative materials. If you send specific submissions (postings to the Community Areas, or contests), or, without a request from BreakAway, you send creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), ANY COMMENTS YOU SEND TO BREAKAWAYBY ANY MEANS SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND WE SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH INFORMATION AND SHALL BE FREE TO REPRODUCE, USE, DISCLOSE, AND DISTRIBUTE THE INFORMATION TO OTHERS WITHOUT LIMITATION. WE SHALL BE FREE TO USE ANY IDEAS, CONCEPTS, MATERIALS, INTELLECTUAL PROPERTY, KNOW-HOW OR TECHNIQUES CONTAINED IN THE COMMENTS FOR ANY PURPOSE WHATSOEVER INCLUDING BUT NOT LIMITED TO DEVELOPING, MANUFACTURING AND MARKETING OF GAMES OR OTHER PRODUCTS INCORPORATING SUCH INFORMATION. IF YOU HAVE ANY PROTECTABLE RIGHTS IN THE COMMENTS YOU HEREBY GRANT BREAKAWAYA ROYALTY FREE, IRREVOCABLE, AND WORLDWIDE, IN PERPETUITY LICENSE TO USE THE COMMENTS. IF WE DO USE THE COMMENTS YOU SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. YOU WAIVE ANY MORAL RIGHTS YOU HAVE TO THE COMMENTS. COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THE USE OF THE COMMENTS SHALL BE THE SOLE PROPERTY OF BREAKAWAY. IF ANY USE BY BREAKAWAYOF THE COMMENTS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY YOU AGREE TO INDEMNIFY BREAKAWAYFOR ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE COMMENTS.
9. Dealing with Merchants & Links
Your correspondence or business dealing with, or participation in promotions of merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Neither BreakAway nor the Merchant are agents of the other. BreakAway will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
BreakAway has provided links and pointers to internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party materials on the service. BreakAway does not operate or control in any respect any information, products or service on these third party sites. BreakAway is not related to, affiliated with, nor sponsors these third party sites nor are these third party sites related to or affiliated with BreakAway.
10. DISCLAIMER OF WARRANTIES
THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND ANY THIRD PARTY SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BREAKAWAYDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. BREAKAWAYDOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREAKAWAYDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION AND THE COMPLETENESS, ACCURACY AND USEFULNESS OF ANY CONTENT FOUND ON THE SERVICE. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION WITH THAT USE, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL BREAKAWAY, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, BREAKAWAY’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF BREAKAWAYOR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BREAKAWAY, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE.
In addition to the indemnities previously granted to BreakAway you agree to defend, indemnify and hold harmless BreakAway, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Content or other material uploaded, posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; and (c) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
BreakAway may, in its sole discretion, terminate your use of the Service, or remove and discard any communication transmitted by you or information stored, sent, or received via the Service without prior notice or liability and for any reason. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which BreakAway may be entitled in law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to BreakAway and its licensors. Sections 3, 4, 5, 10, 11, 12, 13, 14, and 15 through 18 will survive any expiration or termination of this Agreement.
BreakAway, BreakAway Ltd, BreakAway Games, mōsbē™, Arabian Lords, Mythic Palace and the BreakAway Games and BreakAway ltd. logos among others the trademarks of BreakAway Ltd, Inc. All other entities’ trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of BreakAway or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.
16. Infringement Policy
In addition to the rights herein above set forth BreakAway, pursuant to 17 U.S.C Section 512 as amended by Title 11 of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. BreakAway accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), BreakAway has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to BreakAway in written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
BreakAway Ltd. Inc.
11311 McCormick Rd, Ste 400
Hunt Valley, MD 21031
In addition, any written notice regarding any defamatory or infringing activity, whether of copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to mail address.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. 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 or on behalf of the person defamed.
BreakAway reserves the right in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, or feature of the Service. Such amendments, modifications, additions or deletions will become effective upon notice of that action, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you will constitute your binding acceptance of any such amendments, modifications, additions or deletions.
This Agreement will be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any principles of conflict of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Baltimore, Maryland, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by BreakAway to provide the Service. You may not assign any of your rights, obligations or privileges without the prior, written consent of BreakAway. Any assignment of the foregoing other than as provided for in this section under this Agreement will be null and void. If any provision of this Agreement will be unlawful, void, or for any reason unenforceable then that provision will be deemed severable from this Agreement, will be enforced to the fullest extent allowed by law as to affect the intention of the parties, and will not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire Agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior or contemporaneous communications and proposals whether oral, or written, between the parties with respect to the subject matter of this Agreement, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted under this Agreement will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party or any breach or default under this Agreement will be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, or sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
THIS SITE IS INTENDED FOR U.S. AUDIENCES ONLY. Access to and use of this web site is subject to these terms and conditions. This web site was developed and is maintained by BreakAway Ltd, Inc. of Hunt Valley, MD, U.S.A. Product copy and claims are intended only for residents of the United States. Sweepstakes and contests are open to United States residents only. Product information is valid only in the United States market.