Welcome to the Eimear Studios® family of websites. These Terms of Service apply to www.eimearstudios.com, all official sites for games published by Eimear Studios LLC, eimearstudios.com eim-games.com, youngstowngamedevelopers.com, mwcustomcomputergear.com, kcindiegamedesign.com, eimeargames.com, and any other sites operated by Eimear Studios LLC or its subsidiaries or that link to these Terms of Service (“Sites”).
- Don’t forget that you are legally obligated to these Terms of Service as well as to any other agreements, terms and rules that we tell you apply to your use of our Sites.
- Please don’t use our Sites if you don’t agree to these Terms of Service because once you are on our Sites, you have to follow the rules. Eimear Studios LLC and its affiliates, representatives and agents that assist in operating our Sites reserve the right to temporarily or permanently disable access to our Sites for anyone who violates these Terms of Service. We may disable access to our Sites at our discretion without notice.
- Eimear Studios LLC at its sole discretion may modify these Terms of Service at any time. You are responsible for reviewing these Terms of Service each time you use our Sites. By using our Sites, you agree to be bound by all of the current Terms of Service. A printable copy of these Terms of Service is available at http://eimearstudios.com/legal/terms-of-service.
1. ABILITY TO ACCEPT TERMS OF SERVICE
These Terms of Service form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
2. ACCOUNT AND NON-ACCOUNT USERS
You do not need an account on PlayStation™Network (“PSN”) to view our Sites. However, if you already have an account on PSN or if you create one, you will have access to more of the features on our Sites, as well as access to the PSN online community, which allows you to play games online and buy content and services, like new levels for your favorite games, movies, television shows or original programs. Find out more about PSN products and services here.
If you create an account on PSN, you will need to agree to a separate Terms of Service and User Agreement that governs PSN, including your use of our Sites.
3. OWNERSHIP OF CONTENT ON SITES
Everything on or used in connection with our Sites, including text, images, graphics, logos, audio and video content and software (collectively, “Content”) is owned by us or our affiliates, licensors (including other Site users) or suppliers. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of or in any way exploit any of the Content (including Content that our Sites enable you to download or save) without our express permission.
Here’s what permission we give you to use the Content. We give you permission to use the Content to surf and view our Sites, which means displaying or loading the Content on your computer in connection with typical web browsing activity. And we give you permission to use the Content for your personal, non-commercial uses. You do not have our permission to distribute the Content, publicly display it, charge any fee for it, use it to create your own website, construct a database with it or replicate our Sites or any parts of them elsewhere. We intend these only as examples and not as an exhaustive list of things you can’t do with our Content.
Regardless of the permissions we give you to use the Content, we or our affiliates, licensors or suppliers remain the sole owner of all the Content, and you do not acquire any ownership rights in the Content by assembling, creating files, downloading or saving any of it. If we have included an author attribution, a trademark or copyright notice or other legal notices on the Content, you should not remove or alter any of these.
4. USER GENERATED CONTENT
Some of our Sites have tools that allow users to communicate with other users and to create, post, upload, share and distribute various forms of content for and in connection with our Sites, including pictures, photographs, videos and other information or materials (collectively, “User Generated Content”).
We cannot and do not monitor or manage all User Generated Content. We do not make any promises about the accuracy, integrity or quality of User Generated Content and do not endorse it in any manner. Enjoy what other users post or share on our Sites, but do so at your own risk.
All User Generated Content made available on our Sites is the sole responsibility of the person who provided it.
5. YOUR COPYRIGHTED WORK
Just as Eimear Studios LLC requires users of our Sites to respect our copyrights and those of our affiliates, licensors and business partners, we respect the copyrights of others. To that end, we have adopted a copyright policy in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.). If you believe in good faith that your copyrighted work has been reproduced on our Sites without authorization in a way that constitutes copyright infringement, or if you are the provider of content and believe a copyright infringement notice has been wrongly submitted against you as a result of mistake or a misidentification of the claimed copyrighted material, you may follow the procedure set forth here.
6. CONDUCT ON OUR SITES
All users are expected to engage in reasonable, common-sense conduct when using our Sites. You may not misuse our Sites, including by attempting to interfere with, disrupt, damage, hack, reverse engineer, modify, exploit bugs, glitches, vulnerabilities or unintentional mechanics of, or introduce viruses, worms, spyware, time bombs, or other potentially damaging computer programs into our Sites. You may not engage in conduct that could interfere with or disrupt other users’ use of our Sites. You may not provide Eimear Studios LLC or our affiliates or any third-party company with false or inaccurate information, including reporting false complaints to our or our affiliates’ consumer services. You may not engage in conduct that violates any local, state or federal laws in connection with our Sites.
7. REPORTING ABUSE
To report violations of these Terms of Service visit eimearstudios.com/legal/support or use the moderation tools that may be available on the Site where the conduct is occurring.
8. INTERNET SERVICE PROVIDERS
9. LINKING POLICY
If you link to our Sites from another website: (1) the link must not damage, dilute or tarnish the goodwill associated with any Eimear Studios LLC name or entity; (2) the link must not create the false appearance that the other website is sponsored by, endorsed by, affiliated with or associated with Eimear Studios LLC; (3) the linked website may not “frame” or alter our Sites in any way; and (4) the linked website may not be unlawful, abusive, indecent or obscene, promote violence or illegal acts, be libelous, defamatory or otherwise deemed inappropriate, as determined by us in our sole discretion; and (5) the linked website may not display our Content, including any of our logos, to create a link, without our prior written consent.
Our Sites may allow you to link to third-party websites. Just because third-party website links exists on our Sites does not mean that we have evaluated the third-party websites. Those third-party websites do not belong to us, and we have no control over and assume no responsibility for the content, accuracy, usefulness, safety, privacy policies or practices of those websites. By using our Sites, you expressly relieve Eimear Studios LLC of all liability arising from your use of any third-party websites linked to our Sites. Enjoy the links, but do so at your own risk.
10. SWEEPSTAKES, CONTESTS AND PROMOTIONS
From time to time, our Sites may provide information about sweepstakes, contests or promotions that may be governed by a separate set of rules and may also have eligibility requirements. You must read those rules to determine whether or not your participation, registration or entry will be valid and to determine all other applicable requirements.
11. WARRANTY DISCLAIMER
Your use of our Sites is at your sole risk. To the fullest extent permitted by law, Eimear Studios LLC, its officers, directors, shareholders, employees, representatives, and agents disclaim all warranties, express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, in connection with our Sites and your use of them. Eimear Studios LLC makes no warranties or representations about the accuracy, completeness or operation of our Sites. Eimear Studios LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through our Sites, for any third party advertisements, promotions, product placements, or marketing materials, or for any hyperlinked website or feature in any banner or other advertising. Eimear Studios LLC will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services.
12. LIMITATION OF LIABILITY
In no event will Eimear Studios LLC, its officers, directors, employees, shareholders, representatives or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (a) mistakes or inaccuracies of content on our Sites, (b) personal injury or property damage of any nature whatsoever resulting from your access to and use of our Sites, (c) unauthorized access to or use of our secure servers (d) interruption or the cessation of transmission to or from our Sites, (e) bugs, viruses, trojan horses or the like that may be transmitted to or through our Sites; or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or made available via our Sites, whether based on warranty, contract, tort or any other legal theory and whether or not the company is advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law.
You agree to defend, indemnify and hold harmless Eimear Studios LLC, its affiliates, and their respective officers, directors, employees, shareholders, representatives, and agents, and any other parties with whom Eimear Studios LLC may contract to provide our Sites, from and against all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, fines, forfeitures, expenses or damages (including reasonable legal fees and expenses) of any kind and nature imposed on, incurred by or asserted against Eimear Studios LLC arising out of your breach or alleged breach of any representation, warranty, covenant or obligation pursuant to these Terms of Service.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification from you. In such event, you shall provide us with cooperation reasonably requested by us.
14. INDEPENDENT PARTIES
You and Eimear Studios LLC are independent parties, and nothing in these Terms of Service constitutes a partnership between or joint venture of you and Eimear Studios LLC or makes either party the agent of the other. You may not hold yourself out contrary to the terms of this paragraph. Eimear Studios LLC is not liable for any representation, act or omission by you contrary to the provisions of these Terms of Service.
Eimear Studios LLC has the right to terminate your access to use our Sites for any reason, including for violation of these Terms of Service. If we ever terminate your access to our Sites, sections 3-8, and 11-18 of these Terms of Service will still apply to you.
16. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to these Terms of Service must be filed within one year after the claim or cause of action arose or it will be forever barred.
17. GOVERNING LAW AND JURISDICTION
These Terms of Service and all questions relating to the performance, interpretation, breach or enforcement of these Terms of Service, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of California. You agree that all disputes, claims or litigation arising from or related to these Terms of Service will be litigated only in a court of competent jurisdiction located in San Mateo County, State of California. You agree to be subject to personal jurisdiction and venue in that location.
18. GENERAL LEGAL
These Terms of Service inure to the benefit of the parties, including any of our successors in interest. We have the right to assign our rights and obligations under these Terms of Service to any affiliates. If any provision of these Terms of Service is held illegal or unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder will remain in full force and effect.
THANKS FOR TAKING THE TIME TO READ ALL THAT LEGAL LANGUAGE. NOW GO ENJOY OUR GAMES and SITES!