By using the Acclaim Games Inc. ("Acclaim") service and any of our games will mean that you agree to these terms. If you do not agree to them, please do not use our service. To use our service, you must register and create a valid account. Keep your password secret and do not reveal it to anyone. We will never ask for your password. You can hold several accounts but you must only use one account at a time and cannot use it to transfer items between accounts. We may change from time to time this agreement and we will notify you by email and/or display the changes when you enter your account. We may also change the nature of our services, change prices, remove and add games at anytime without notice. Our games are protected by copyrights and are owned by Acclaim or its publishing partners. Using our content in any other way than within the Terms of Use is prohibited and may subject you to litigation and criminal pursuits. When you download our games, we are granting you a non-exclusive, limited license to use the software only in connection with our service. You agree to not use an account name, post on our website, in the chat facility, or on our game materials that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. You also agree not to use our message board for posting numerous identical messages or by creating "party boards" on them. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain. You must not use the chat facility to harass, threaten, scam or deceive other players. You agree not to solicit other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise). You grant us a perpetual, worldwide, none-exclusive right to use the material in any manner we wish. DISCLAIMER THE MATERIALS IN THIS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACCLAIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCLAIM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCLAIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ACCLAIM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ACCLAIM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SERVICE OR ANY OTHER WEB SITE, EVEN IF ACCLAIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ACCLAIM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE. PRICE AND PAYMENT Acclaim reserves the right at any time to change the pricing for access to the Service. Acclaim offers several different payment types on its Service. For some Games, items can be purchased subject to the terms for each item or monthly subscriptions can be purchased. Acclaim offers several ways to pay for the Service: - Credit Cards: The owner of the credit card must be at least 18 years old, provide a valid credit card and authorize the use of this credit card for payment on our website. - Paypal: The owner of the paypal account if under 18 must have the permission for its legal parent to use this account for payments on our website. - Mobile Phones: If the owner of the mobile phone is under 18 years old, the legal parent must be informed prior to the purchase being initiated and must agree to the amount of the purchase. - Home Phone or Internet Service: This payment mode requires the subscriber of the phone or ISP service to approve in writing the authorization to charge payment. - Pre-paid cards: The pre-paid cards can be used on our website provided that they have been purchased from an authorized retailer and were not altered in any way. For monthly subscriptions, the renewal charge shall be equal to or less than the original subscription price, unless otherwise notified in advance by Acclaim. You may notify Acclaim that you wish to cancel your subscription at any time. Acclaim agrees that it will terminate your Account upon receipt of notification from the Account, as described below. If notice of cancellation is received within the first 15 days following the first day of the initial billing, you will be eligible to receive a refund of all subscription fees for the Service, but will still be obligated to pay any other charges incurred. Your access to the game will be canceled immediately. Your right to use the Service is subject to any limits established by Acclaim or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to Acclaim for any reason, including chargeback, Acclaim reserves the right to either suspend or terminate your access and Account, thereby terminating this Agreement and all obligations of Acclaim hereunder. ADVERTISING The advertising in our games or on our website generated by third parties does not constitute an endorsement by Acclaim, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Acclaim explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Acclaim is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Acclaim nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. DENIAL OF ACCESS Acclaim, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Acclaim site. The sending of an e-mail notice or the posting of a notice on the account by Acclaim used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Acclaim site. INDEMNIFICATION You agree to indemnify, defend and hold harmless Acclaim, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. Acclaim reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Acclaim in asserting any available defenses. MISCELLANEOUS You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain game points or Items from any Acclaim game. You agree not to design, disseminate or use any third party programs designed to change the game play on the site. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Acclaim. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Acclaim, you will pay Acclaim. liquidated damages in the sum of Hundred Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the Acclaim website, you will pay Acclaim liquidated damages in the sum of One Thousand Dollars for each time you use a program. You must not reverse-engineer, decompile or modify any of the game clients and use it in any way. You must not exploit any cheats or errors which you find in our Service. Any cheats or errors which you discover must be reported immediately to us. You must not misuse any of our customer service facilities. You must not deliberately enter false information into any of the forms on our website. You must not encourage, or attempt to trick other players into breaking our rules. Acclaim operates and controls the Site from its offices in Los Angeles, California, in the United States of America. Acclaim makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms of Use contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Acclaim if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement. The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
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