The Company Applications contains images and contents, including but not limited to images, photographs, text, software, pictures, graphics, video clips, audio clips, digital downloads, data, messages or any and all other information controlled by the Company Applications (collectively, “Materials”).
This Company Applications contains general information about the Company for clients, potential clients and other Internet users. Nothing contained on the Company Applications shall constitute legal advice nor be construed as a representation to be reasonably relied upon. In no event shall anything on the Company Applications be construed either to create a duty of care or to constitute a representation by the Company of any sort to be relied upon by the User in any manner whatsoever. An attorney-client relationship is not created unless and until a formal retainer agreement is signed between the User and the Company. An attorney-client relationship is not created as a result of the Use of the Web site, including but not limited to contacting the Company by e-mail, phone, facsimile or otherwise. The Company takes no responsibility for information sent to it intercepted by third-parties. User understands that while the Company endeavors to maintain the confidentiality of these communications, communication via Internet, cell phone and other modalities are vulnerable to interception and may not be fully secure. By sending such communication, User assumes the risk of the same. User should not rely on the information contained on the Company Applications and should always formally engage legal counsel to obtain legal advice for User's specific situation. As further set forth herein, the Company takes no responsibility for the information contained on any Web site or Company Applications to which this Company Applications may be linked, as the same is completely independent of this Company Applications.
Moreover, the statements and opinions expressed by the authors of this Company Applications are those of the authors and do not necessarily reflect those of the Company.
Access to Company Applications—Limited License
Moreover, and notwithstanding the foregoing, if User exercises his/her rights under the above-referenced license, he/she must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. User shall not, under any circumstances, alter, obscure or obliterate any of such notices. The use of such Materials or any portion of the Company Applications on any other Web site or in any environment of networked computers is strictly prohibited without the Company's advance written consent, which may be withheld in Company's sole discretion.
By utilizing the Company Applications, the User makes the material representation upon which the User wishes the Company to reasonably rely, that he/she will comply with the code of conduct set forth below:
Moreover, the User hereby makes the material representation upon which he/she wishes the Company to reasonably rely that: (i) he/she is at least 13 years of age; (ii) he/she is a resident of the United States; and (iii) he/she is authorized to provide information to the Company through the Company Applications and/or subscribe to the Company Applications.
Subject to applicable Federal and State laws regulations, the Company shall not be required to provide any returns, benefits or other compensation to any discontinued Company Application.
Copyrights; Restrictions On Use
The Materials on the Company Applications are copyrighted by the Company, its affiliates or its licensors under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by the Company, its affiliates or its licensors. The Materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of the Company and its applicable licensors, with the sole exception that User may print copies of the Materials for User's personal, noncommercial use. User must abide by all copyright notices, information or restrictions contained in or attached to any Material. User agrees not to reproduce, duplicate, copy, sell, resell, modify or exploit for any commercial purposes any portion of the Company Applications, including, without limitation, any of the Materials or access to the Company Applications.
It is the policy of the Company to respond expeditiously to claims of copyright infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. The Company may elect to terminate access for any User who it believes in its sole discretion to be an infringer, regardless of whether proven or not.
User covenants and agrees to provide the Company with any information that User has regarding potential copyright infringement of any of the Materials. The sole and exclusive protocol for notifying Company that such copyrighted work has been infringed upon is to provide written notice to Company in accordance with the Notices provision hereunder. That notice must include (i) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (ii) a description of the copyrighted work that is believed to have been infringed upon; (iii) a description of where the alleged infringing work is located on the Company Applications; (iv) the Copyright Owner's mailing address, telephone number and e-mail address; (v) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (vi) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner's behalf. Such information should be immediately delivered to the Company by certified mail return receipt requested or by commercial carrier at the addresses set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.”
“Arkadium” and “Great Day Games and variations thereof, as well as certain other of the names, logos and materials displayed on the Company Applications constitute trademarks, tradenames, service marks or logos (“Marks”) of the Company or other related entities including any Marks of the Company’s clients that utalize the Company Applications on third party websites and platforms. User is not authorized to use any such Marks or any variations thereof. Ownership of all such Marks and the goodwill associated therewith remains with the Company or other related entities.
Any communications, including, without limitation, e-mails, pictures, audio clips, videos, graphics and/or other material sent directly, or by carbon copy or otherwise to the Company or any of its officers, employees or agents and any postings to the Company Applications shall become the Company's property upon the transmission of the same. User grants the perpetual and irrevocable right to both publicly or nonpublicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.
Arkadium, Inc. 40 W 25th St, 4th Floor New York, NY 10010
Notices to User shall be provided by the Company via e-mail or any other address which the Company reasonably believes to be associated with the User, if known. Notice shall be deemed effective upon delivery of the same by the Company.
Sweepstakes and Contest
From time to time the Company may offer Users the ability to enter sweepstakes and contest. This may be done in connection with the Company Applications or in connection with various third party independent sponsors. Users understand and agree that these promotions are governed by an additional set of official rules.
The Company specifically acknowledges and hereby notifies User that it may utilize “cookies” in connection with the operation of the Company Applications. The User agrees that such cookies may be placed on his/her or her computer, in connection with his/her access to, and use of, the Company Applications.
A cookie is a piece of information that our webserver sends to your computer (actually to your browser file) when you access a website. Then when you come back our site will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the site and help us analyze site usage more accurately. For instance, our site may set a cookie on your browser that keeps you from needing to remember and then enter a password more than once during a visit to the site.
Further, Company is not responsible for the conduct of other Users, whether online or offline. Under no circumstances shall the Company be responsible for any loss or damage, including, without limitation personal injury or death, resulting from the use of the Company Applications or the conduct of any other Users, whether online or offline. The Use of the Company Applications is “AS-IS” and the Company, as set forth above, expressly disclaims any and all warranties.
Limitation of Liability
COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ITS ACCESS TO, USE OF OR BROWSING IN THE COMPANY APPLICATIONS OR HIS/HER DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE COMPANY APPLICATIONS. EXCEPT WHERE SPECIFICALLY REQUIRED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS COMPANY APPLICATIONS OR CONTENT FOUND HEREIN, (II) ANY FAILURE, DELAY OR INABILITY TO USE ANY COMPONENT OF THIS COMPANY APPLICATIONS, OR (III) THE PERFORMANCE OR NONPERFORMANCE BY COMPANY, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, Company should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Company Applications, or any Materials, Company's liability shall in no event exceed, in the aggregate, US$100.00. In its sole discretion, in addition to any other rights or remedies available to Company and without any liability whatsoever, Company at any time and without notice may terminate or restrict Users' access to any component of the Company Applications. Some states do not allow limitation of liability, so the foregoing limitation may not apply to the User.
User acknowledges and agrees that the representations and obligations of the User hereunder shall survive and continue in perpetuity.
BY UTILIZING THE COMPANY APPLICATIONS, USER HEREBY RELEASES, REMISES AND FOREVER DISCHARGES AND GIVES UP ANY AND ALL CLAIMS AND RIGHTS WHICH IT MAY HAVE AGAINST THE COMPANY AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES BASED ON ANY ACT, EVENT OR OMISSION, AND FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO OR ARE CONNECTED WITH THE USE OF THE COMPANY APPLICATIONS AND SERVICES RELATED THERETO. USER FURTHER WAIVES, RELEASES AND GIVES UP ANY AND ALL CLAIMS AND DEFENSES ARISING FROM OR RELATING TO ANY ACT, EVENT OR OMISSION. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM WHICH COULD BE ASSERTED NOW OR IN THE FUTURE UNDER (I) THE COMMON LAW; (II) ANY OF THE PARTIES POLICIES, PRACTICES OR PROCEDURES; AND/OR (III) ANY FEDERAL AND/OR STATE STATUTES OR REGULATIONS.
Successors and Assigns
Authorized Permission for Use
Links to Other Sites
The User acknowledges and agrees that the Company has no responsibility for the accuracy or availability of information provided by Web sites to which a User may link from the Company Applications (“Linked Sites”). Links to Linked Sites are provided as a convenience to the User, and do not constitute an endorsement by or association with the Company of such sites or the content, products, advertising or other materials presented on such sites. The Company does not author, edit or monitor these Linked Sites. User acknowledges and agrees that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. If User accesses a Linked Site, he/she does so at his/her own risk.
No Third Party Beneficiaries
Prohibited by Law
In light of the international scope of the Internet, User agrees to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. Without limitation, User acknowledges and agrees that it shall comply with all applicable laws and regulations regarding the transmission of technical data from the United States or the country in which the User may reside.
Please read the following disclaimer which applies to all of the material found on this Web site:
Nothing contained on the Company Applications should be construed to create a duty of care, nor to constitute legal advice nor be construed as a representation to be reasonably relied upon. No representations or warranties are made with regard to the accuracy or content of any information contained on any Web site to which this one may be linked or otherwise refers. We take no responsibility for the information contained on any Web site to which this one may be linked, if any, as the same is completely independent of our own.