Terms of Use

Terms of Use - WiiPlayable


Version 1/10/2007

Welcome to WiiPlayable.com, a website created to provide Nintendo Wii owners with a growing database of online Flash games (and other minigames) that can be played through the Wii's Opera web browser with the Nintendo Wii remote (the wiimote). WiiPlayable also features a forum for members to talk about various gaming related topics. By using the WiiPlayable web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you choose to become a Member and communicate with other Members and make use of the WiiPlayable services (collectively referred to here as the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the sign-up page.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service. This Agreement may be modified by WiiPlayable (WiiPlayable) at any time and without prior notice, such modifications to be effective upon posting by WiiPlayable on the Web site. This Agreement includes WiiPlayable's acceptable use policy for content posted on the web site, WiiPlayable's Privacy Policy, and any notices regarding the Web site.

Changes to WiiPlayable.com and Terms and Conditions

We reserve the right to modify or terminate the WiiPlayable (WiiPlayable) service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility

You must be eighteen or over to register as a member of WiiPlayable or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

In addition, you must provide true, accurate and complete registration information to be a WiiPlayable member ("Member"). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Term

This Agreement will remain in full force and effect while you use the Web site and/or are a Member. WiiPlayable may terminate your membership for any reason, at any time. We are also not obligated in any way to provide you with a reason for the termination of your membership. If WiiPlayable terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees in services where fees apply. Even after membership is terminated, this Agreement will remain in effect.

Non Commercial Use by Members

The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights in Content on WiiPlayable

WiiPlayable owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of WiiPlayable, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

  1. You understand and agree that WiiPlayable may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of WiiPlayable violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or any other individual or individuals.
  2. Your WiiPlayable forum profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
  3. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
  4. By posting Content to any public area of WiiPlayable, you automatically grant, and you represent and warrant that you have the right to grant, to WiiPlayable an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  5. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. WiiPlayable reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

    • is patently offensive to other members or non-members, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
    • displays pornographic or sexually explicit material of any kind;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    • solicits people you don't know.

    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

  6. You must use the Service in a manner consistent with any and all applicable laws and regulations.
  7. You are aware that including street addresses, last names, URLs or email addresses in your WiiPlayable forum profile can potentially be viewed by all users of the Service (including non-members) and are therefore prone to misuse by others. You agree to not hold WiiPlayable liable for the abusive use of any such information.
  8. Email addresses provided at sign-up do not appear for others to view. They are stored in a secure location and are accessed only by WiiPlayable in the case that either WiiPlayable or its software needs to contact you.
  9. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although WiiPlayable cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, WiiPlayable reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which WiiPlayable deems appropriate in its sole discretion.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Submit this information by way of the feedback form.

*NOTE: If you are the developer of a game posted on the WiiPlayable website and you no longer wish to have your content listed, please indicate this by submitting a feedback form (linked below).

Member Disputes

You are solely responsible for your interactions with other WiiPlayable forum Members. WiiPlayable reserves the right, but has no obligation, to monitor disputes between you and other forum Members.

Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. Click here to review the WiiPlayable.com Privacy Policy. You understand and agree that WiiPlayable.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of WiiPlayable.com, its affiliates or the public.

Disclaimers

WiiPlayable is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. WiiPlayable is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. WiiPlayable assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. WiiPlayable is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, the Nintendo Wii console, any gaming system, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will WiiPlayable be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members or visitors, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and WiiPlayable expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WiiPlayable cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from WiiPlayable or through or from the service shall create any warranty not expressly stated herein.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will WiiPlayable be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if WiiPlayable has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, WiiPlayable's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to WiiPlayable for the Service during the term of membership.

Disputes with the Web site and/or the Service

If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Pennsylvania, City of Pittsburgh .

Indemnity

You agree to indemnify and hold WiiPlayable, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between WiiPlayable and any User of the Service.

Other

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and WiiPlayable regarding the use of the Web site and/or the Service. The failure of WiiPlayable to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this agreement.

WiiPlayable is a service mark of WiiPlayable and CTF Media.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.




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