Terms of Service

THIS IS A TERMS OF SERVICE AGREEMENT (“AGREEMENT”) BETWEEN YOU (“You” or “Your”) AND ATARI, INC. D/B/A MOBYGAMES AND ITS AFFILIATES ("MOBYGAMES") GOVERNING YOUR USE OF THE CONTENT OF AND SERVICES AND FEATURES MADE AVAILABLE AND PROVIDED BY THE MOBYGAMES SITE (the “MOBYGAMES WEB SITE”) AND PLATFORM (COLLECTIVELY, THE “SERVICE”) (HEREINAFTER, THE “MOBYGAMES WEB SITE”).

The Service allows you to discover, review and add content regarding video games. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

I. Rules of Conduct

You agree not to transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable; impersonate any person or entity, including but not limited to, an administrator; otherwise misrepresent Your affiliation with a person or entity; post or transmit any Content that contains a virus or corrupted data; delete any author attributions, legal notices or proprietary designations or labels associated with any Content; undertake or assist in any action that adversely affects the availability of any MobyGames web site resources to other users; post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation.

The following restrictions apply to your use of the Service. You are not allowed to:

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from MobyGame and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines; or (b) with MobyGame’s prior written permission;
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under these terms;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a posts views, likes, or dislikes, or otherwise manipulate metrics in any manner; misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales.

You agree to indemnify and hold MobyGames harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your violation of these terms of service or arising out of Your violation of any rights of a third party.

You agree not to interrupt or attempt to interrupt the operation of MobyGames in any way.

II. Links

The Message Boards may provide (and users may include in messages) links to other Web Sites or resources. MobyGames is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree not to hold MobyGames 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 external sites or resources.

III. MobyGames Policies and Procedures

GENERAL TERMS AND CONDITIONS

1) Copyright and Trademark Notices

2) Intellectual Property

By submitting (e.g., uploading or otherwise transmitting) Content to the MobyGames web site, You warrant that You have all rights necessary to submit such Content free and clear of any rights of any third party and that such Content meets the requirements of these terms and applicable laws. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.

Further, by submitting Content, you grant to MobyGames a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and MobyGames’ (and its successors' and affiliates') business, including for the purpose of promoting and redistributing part or all of the Service. You also waive any and all moral rights that you may have in the Content.

MobyGames grants to You the right to use the MobyGames web site for your personal, non-commercial use. You agrees not to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way commercially exploit the MobyGames web site unless authorized to do so in writing by MobyGames.

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service. You grant to MobyGames the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments.

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or MobyGames. If any of your Content (1) is in breach of this Agreement or (2) may cause harm to MobyGames, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion.

3) DISCLAIMER OF LIABILITY

NEITHER MOBYGAMES, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON MOBYGAMES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT MOBYGAMES WILL BE UNINTERRUPTED OR FREE OF ERRORS; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MOBYGAMES OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH MOBYGAMES, INCLUDING, WITHOUT LIMITATION, ALL MOBYGAMES CONTRIBUTION FEATURES.

MOBYGAMES AND ALL MATERIAL CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF MOBYGAMES, INCLUDING, WITHOUT LIMITATION, ALL CONTRIBUTION FEATURES OF MOBYGAMES, IS AT YOUR SOLE RISK.

4) LIMITATION OF LIABILITY

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF MOBYGAMES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL MOBYGAMES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON MOBYGAMES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE MOBYGAMES, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF MOBYGAMES OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH MOBYGAMES OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO MOBYGAMES, EVEN IF MOBYGAMES WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY MOBYGAMES PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING MOBYGAMES, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF MOBYGAMES. MOBYGAMES DOES NOT ENDORSE NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON MOBYGAMES, INCLUDING, WITHOUT LIMITATION, ALL CONTRIBUTION FEATURES OF MOBYGAMES, BY ANYONE OTHER THAN AUTHORIZED MOBYGAMES EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL MOBYGAMES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON MOBYGAMES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH MOBYGAMES, INCLUDING, WITHOUT LIMITATION, ALL MOBYGAMES CONTRIBUTION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH MOBYGAMES, INCLUDING, WITHOUT LIMITATION, ALL CONTRIBUTION FEATURES OF MOBYGAMES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. MOBYGAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH MOBYGAMES AND MOBYGAMES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES.

MobyGames may change any part of these Terms of Service at any time by posting such revised Terms of Service at this web address.. By continuing to use MobyGames after MobyGames has posted the revised Terms of Service, You agree to and accept the changed Terms of Service.

IV. General

1) Arbitration and Governing Law

Disputes arising under this Terms of Service shall be governed by and interpreted and construed in accordance with the substantive law (and not the law of conflicts) of the State of Delaware. The MobyGames and You hereto agree hereby consent to binding arbitration using the American Arbitration Association. MobyGames and You shall be responsible for their own share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event that either party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

2) Entire Agreement

This Terms of Service is the entire agreement of the MobyGames and You and supersedes any prior agreements, negotiations, or understandings between them, whether written or oral, with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions of this Terms of Service shall be binding unless in writing and signed by an authorized representative of the MobyGames.

3) Severability

If any provision of this Terms of Service becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from this Terms of Service, and such court will replace such illegal, unenforceable or void provision of this Terms of Service with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of the illegal, unenforceable or void provision. The balance of this Terms of Service shall be enforceable in accordance with its terms.

4) Injunctive Relief

In addition to any other available relief, MobyGames and You agree that any commercial use of material obtained from the MobyGames web site including modification, publishing, transmission or participating in the transfer, sale or creation of derivative works, or in any way commercially exploiting the MobyGames web site unless authorized to do so in writing by MobyGames will result in irreparable harm to MobyGames, with damages that cannot be ascertained or compensated by monetary awards; and that, on that basis, You agrees that the MobyGames is entitled to, and may seek and obtain, without the requirement to post bond, any injunctive or immediate legal, equitable, administrative, or other relief available in the country, state, or other jurisdiction appropriate.