TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
ACCEPTANCE OF CONTRACT TERMS
The following terms of use ("Terms of Use") are the terms of a legal agreement ( "Agreement") between you and Pure Games, Inc. (hereinafter referred to as "Pure"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by Pure from its offices within the United States. Pure makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and materials thereon from territories where the content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable federal and local laws.
You represent, warrant, and covenant that: you will not upload, email, post or transmit to, or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) constitute or encourage conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the law, (iii) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (iv) contain a virus, worm, Trojan horse, or other harmful component, (v) contain any information, software, or other material of a commercial nature, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indication of origin or statement of fact. Pure reserves the right to release information to the proper authorities, as a result of a violation of our standards, or unlawful acts, if the information is subpoenaed, and/or if Pure deems it necessary and/or appropriate; (viii) no entrant may sell music which you have uploaded nor beats which you have downloaded to or form the Game; (ix) do not post pornography, any entrant found to have posted porn will be immediately removed form the site and shall not be entitled to a refund of any kind; (x) do not post personal information that you would like to keep private on your URL , Pure shall not be held responsible for the unlawful use of information which you have made available, except for that information which is received from you in the registration process; (xi) Pure is aware that this game is a hip-hop based site and as such content may include language which some may find offensive, however Pure reserves the unrestricted right to remove any entrant whose lyrics are deemed patently offensive.
MATURE MATERIAL DISCLAIMER
WARNING: Certain sections of the Site may contain material and language that is intended for a mature audience and may not be appropriate for people under 18 years old.
COPYRIGHT AND USER RESTRICTIONS
All material provided on this Site is protected by copyrights owned or controlled by Pure or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pure or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site solely for personal, non-commercial use only provided you do not modify, copy, alter, reverse engineer, disassemble, or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited, without our prior written consent. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this permission and that no title or material from any of the Site has been or will be transferred to you by Pure or anyone else. Upon termination of these Terms of Use, you will immediately destroy any and all downloaded and/or printed materials. You also may not, without Pure’s prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Pure respects the intellectual property of others and expects users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Pure’s designated agent for notice of alleged copyright infringement appearing on the Site is:
Pure Games, Inc.
Attn: Copyright Claims
110 East Broward Blvd. Suite 1700
Ft. Lauderdale, Florida 33301
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site: http://www.loc.gov/copyright/title17.
TRADEMARKS
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Pure and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Pure aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both Pure’s and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Pure prohibits use of any of its Trademarks without the prior written consent of Pure.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the services of the Site requires you to open a member account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and member account. Each member account shall be valid for only one (1) person. Furthermore, you are entirely responsible for any and all activities that occur under your member account. You agree that you will be the sole authorized holder and user of the member account, and you also agree to notify Pure of any unauthorized use of your member account or any other breach of security. Pure shall not be liable for any loss that you may incur as a result of someone else using your password or member account, either with or without your knowledge. However, you could be held liable for losses incurred by Pure or another party due to someone else using your member account or password. You may not use anyone else's member account at any time, whether or not you have the permission of the member account holder.
CHARGES AND BILLING
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
Pure reserves the right to change the fees or billing methods at any time and Pure will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on the Site and you are responsible for reviewing the billing section of the Site to obtain timely notice of such changes. Your continued use of the services for thirty (30) days after posting of the changes on the Site means that you accept such changes. If any change is unacceptable to you, you may cancel your member account at any time, but Pure will not refund any fees that may have accrued to your member account before cancellation, and Pure will not prorate fees for any membership registration. If your use of our services is subject to use or sales tax, then Pure may also charge you for any such taxes, in addition to fees published in the billing section of the Site. For further information please send us an e-mail to info@loud.com.
PAYMENT OPTIONS. You may pay for services by credit card, check payment or Paypal. Paypal and check payment are only available for select services. Services paid by credit card will automatically renew, unless you affirmatively cancel your member account. Site users who use Paypal or check payment will incur an additional processing fee, and must contact Pure each time they want to extend their membership and/or use of services. For further information n please send us an e-mail to info@loud.com.
Credit Card. You may use a credit card to pay for the services. When you provide credit card information to Pure, you represent to Pure that you are the authorized user of the credit card that is used to pay for services. Each month or other billing increment as indicated on the Site that you have a Pure account, you agree and reaffirm that Pure is authorized to charge your credit card for the fee. You agree to promptly notify Pure of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Pure if your credit card expires or is canceled for any reason.
As the Pure member account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your credit card account, including your family or friends. This means that, unless your member account or credit card information is obtained unlawfully or fraudulently by someone other than yourself, you will be responsible for all usage and purchases on your member account.
TRIAL SUBSCRIPTIONS. For some services, Pure may offer a free trial subscription. If you accept a free trial subscription, Pure will begin to bill your member account for that service when the free trial subscription expires, unless you cancel your subscription before that time; or if you agree to terms of any other promotion associated with that subscription. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using the Site, even when Pure offers a free trial subscription. Trial subscriptions may not be transferred at any time to any other user.
FEES CHARGES BY THIRD-PARTY SITES AND VENDORS. Pure may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any fees that you may pay to Pure. Pure may also provide access to third-party vendors, who provide content, goods and or services on the Site or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.
TERMINATION OF ACCOUNT. Pure and you both have the right to terminate or cancel your member account or a particular service at any time. You understand and agree that the cancellation of your member account or a particular service is your sole right and remedy with respect to any dispute with Pure. This includes, but is not limited to, any dispute related to, or arising out of: (i) any term of these Terms of Use or Pure’s enforcement or application of this Agreement; (ii) the content available through the Site or any change in content provided through the Site; (iii) your ability to access and/or use the Site; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your member account or a particular service by delivering notice to Pure's Customer Service Department at cancel@loud.com. Pure reserves the right to collect fees, surcharges or costs incurred before you cancel your member account or a particular service. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your member account or a particular service is terminated or canceled, no refund will be granted and you will have no further access to your member account or anything within the Site associated with it. Active Pure member account holders may not allow former member account holders whose member accounts have been terminated by Pure to use their member accounts. Any delinquent or unpaid member accounts or member accounts with unresolved issues with Pure must be settled before Pure may allow you to register again.
POSTINGS, SUBMISSIONS, AND CHAT ROOMS
By posting messages, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the Site, you hereby grant to Pure a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Pure for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. As set forth in the Office Rules and Regulations, entrants in the Pure Competition shall retain rights in the underlying musical composition, subject to the license granted to Pure.
You acknowledge that Communications to, from and through the Site are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications using the Site, no confidential, fiduciary, contractually implied, or other relationship is created between you and Pure other than pursuant to this Agreement.
Pure likes to hear from you. However, please bear in mind that Pure does not accept or consider any unsolicited creative ideas or suggestions. Therefore, please do not make any such submissions, including, but not limited to, ideas, notes, drawings, music, lyrics, films, concepts or other information, to Pure through the Site or otherwise unless such submission is part of an official Pure competition entry. Pure will not review any such submissions unless such submission is part of an official Pure competition entry.
The Site may make chat rooms, forums, message boards and email, available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. Your right to speak freely here must be exercised with courtesy and self-restraint. In consideration of being allowed to use the Site, when you enter or use a chat room, use a message board, transmit an e-mail, or otherwise utilize the Site, you explicitly and unequivocally agree you will not: use any Site service for any purpose in violation of local, state, or national laws of any country; post or otherwise transmit any material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; post or otherwise transmit any material that reveals trade secrets, unless you own them or have the permission of the owner; post or otherwise transmit any material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or otherwise transmit any material that is obscene, defamatory, threatening, prurient, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or otherwise transmit sexually-explicit images; post or otherwise transmit advertisements or solicitations of business; disrupt the normal flow of dialogue and/or exchange on the Site, or post or otherwise transmit chain letters or pyramid schemes. You are responsible for your own Communications, as defined above, and are responsible for the consequences of posting or otherwise transmitting those Communications. Pure does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Site users or endorse any opinions expressed by such users. Pure does not screen Communications in advance and is not responsible for screening or monitoring material posted or otherwise transmitted by Site users; nor is Pure responsible for Site users who are minors. If Pure receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Pure may investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. Pure has no liability or responsibility to users for performance or nonperformance of such activities. Pure reserves the right to expel users and prevent their further access to the Site for violating this Agreement or violating the law. Pure reserves the right to remove Communications that are abusive, illegal, disrespectful, or disruptive.
DISCLAIMER OF WARRANTY
THE INFORMATION, SERVICES, PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, PURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, OR OTHER VIOLATION OF RIGHTS. PURE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY PURE OR ANY ASSOCIATION WITH ITS OPERATORS. PURE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PURE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PURE OR A PURE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. 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. Pure and its affiliates further do not warrant the accuracy or completeness of the information, text, graphics, videos, links or other items contained within these materials. Pure may make changes to these materials, or to the products described therein, at any time without notice. Pure makes no commitment to update the materials. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case ,Pure’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the Site.
INDEMNIFICATIONS
You agree to indemnify, defend and hold Pure, its parent, subsidiaries, affiliates and their respective officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the "Pure Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any Pure Party in connection with any use or alleged use by you of the chat rooms, bulletin boards, or other user forums of this Site, or any unauthorized, illegal, or infringing use of this Site by you. Pure reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pure’s defense of such claim.
PRIVACY POLICY
These Terms of Use are subject to Pure’s Privacy Policy at http://www.loud.com/privacy-policy
GENERAL
You should be aware that when you are on the Site, you could be directed to other sites that are beyond Pure’s control. There may be links to other sites from Pure that take you outside Pure’s service. These links are for convenience only and you access them at your own risk. Pure takes no responsibility and assumes no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.
By permitting advertising on the Site, Pure makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Pure specifically disclaims liability for direct, consequential, or incidental damages arising from such advertisements. By responding to an advertisement on the Site, you waive any claims against Pure for damages arising from such advertisement or your reliance upon statements in such advertisement. You will not consider Pure nor will Pure be construed as a party to such transactions, whether or not Pure may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS PURE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
Pure may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
This Agreement shall be construed in accordance with the laws of the State of Florida and the United States, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and Florida state courts located in Broward County. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by Pure in the United States federal and Florida state courts located in Broward, Florida. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Pure’s agents, licensors, licensees, successors, and assigns. In the event any one or more of the provisions of this Agreement is unenforceable, it shall be modified so as to remain in force and effect, but if that is no possible then it will be stricken from this Agreement, and the remainder of the Agreement will be unimpaired. The headings in this Agreement are for purposes of reference only.
Last updated: February, 2007 |
