1.ACCEPTANCE OF TERMS
to Codejunkies. Codejunkies provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you.
When using particular Codejunkies services, you and Codejunkies shall be subject to
any posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. Codejunkies may also offer other services that are
governed by different Terms of Service.
2.DESCRIPTION OF SERVICE
currently provides users with access to a rich collection of resources
including various cheat codes, game saves, software downloads, forums,
editorial content, and shopping services through its network of properties (the
"Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for Codejunkies
to provide the Service. You also understand and agree that the service may
include certain communications from Codejunkies, such as service announcements,
administrative messages and the Codejunkies Newsletter, and that these
communications are considered part of Codejunkies membership and you will not
be able to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the release
of new Codejunkies properties, shall be subject to the TOS. You understand and
agree that the Service is provided "as is" and that Codejunkies
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to publish specific cheat codes or game saves.
responsible for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime charges).
In addition, you must provide and are responsible for all equipment necessary
to access the Service.
aware that you must be at least 13 years of age to access and view the
consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. When
registering for any part of the Service you also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Codejunkies has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Codejunkies has the right to suspend or terminate your account
without notice and refuse any and all current or future use of the Service (or
any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
registering for the Service you will receive a password and account designation
upon completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify Codejunkies of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Codejunkies cannot and will
not be liable for any loss or damage arising from your failure to comply with
this Section 5.
6. COMMUNITY CONTENT
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not Codejunkies, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the
Service. Codejunkies does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Codejunkies
be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
to not use the Service to:
post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c.impersonate any person or entity, including, but not limited to, a Codejunkies
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
the normal flow of dialogue, or otherwise act in a manner that negatively
affects other users' ability to engage in communication exchanges;
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having the force
"stalk" or otherwise harass another; or
or store personal data about other users.
acknowledge that Codejunkies may not pre-screen Content, but that Codejunkies
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Codejunkies and its designees shall have the
right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Codejunkies or submitted to
Codejunkies, including without limitation information in Codejunkies cheat
codes, game saves, forums, and in all other parts of the Service.
acknowledge, consent and agree that Codejunkies may access, preserve, and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of Codejunkies, its users and the public.
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7.SPECIAL ADMONITIONS FOR INTERNATIONAL USE
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the United States, the United Kingdom or the country in which you
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant
Codejunkies the following world-wide, royalty free and non-exclusive license(s),
respect to Content you submit or make available for inclusion on publicly
accessible areas of Codejunkies for example cheat codes or game saves, the
license to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content without notice.
respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than Codejunkies
forums, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service or another service
closely associated with Codejunkies.
respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service other
than Codejunkies forums, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now known or
accessible" areas of the Service are those areas of the Codejunkies
network of properties that are intended by Codejunkies to be available to the
general public. By way of example, publicly accessible areas of the Service
would include Codejunkies forums, Community Saves and other portions of
Codejunkies that are open to both members and visitors.
to indemnify and hold Codejunkies, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Service (including cheat codes and game saves),
use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
acknowledge that Codejunkies may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that cheat codes, game saves, message board postings or other uploaded
Content will be retained by the Service, the maximum disk space that will be
allotted on Codejunkies's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that Codejunkies has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service. You
acknowledge that Codejunkies reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that Codejunkies
reserves the right to modify these general practices and limits from time to
12.MODIFICATIONS TO SERVICE
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Codejunkies shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
that Codejunkies may, under certain circumstances and without prior notice,
immediately terminate your Codejunkies account, any associated user name and
password, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, and (f) extended
periods of inactivity.
of your Codejunkies account includes (a) removal of access to all offerings
within the Service, (b) deletion of your password and all related information,
files and content associated with or inside your account (or any part thereof),
and (c) barring further use of the Service. Further, you agree that all
terminations for cause shall be made in Codejunkies' sole discretion and that
Codejunkies shall not be liable to you or any third-party for any termination
of your account, any associated email address, or access to the Service.
14.DEALINGS WITH ADVERTISERS
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Codejunkies shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the Service.
Service may provide, or third parties may provide, links to external World Wide
Web sites or resources. Because Codejunkies has no control over such sites and
resources, you acknowledge and agree that Codejunkies 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 further acknowledge
and agree that Codejunkies shall not be 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 or through any such site or resource.
16.CODEJUNKIES'S PROPRIETARY RIGHTS
acknowledge and agree that the Service and any cheat codes, game saves or
software used in connection with the Service ("Code") contain
proprietary and confidential information that is protected by copyrights,
trademarks, applicable intellectual property and other laws. You agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Code, in whole or in part.
grants you a personal, non-transferable and non-exclusive right and license to
use its Code on a single computer or video game console; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Code. You agree not to modify the Code in
any manner or form, or to use modified versions of the Code. You agree not to
access the Service by any means other than through the interface that is
provided by Codejunkies for use in accessing the Service.
DISCLAIMER OF WARRANTIES
EXPRESSLY UNDERSTAND AND AGREE THAT:
a. Your use
of the service is at your sole risk. The service is provided on an "as
is" and "as available" basis. Codejunkies expressly disclaims
all warranties of any kind, whether express or implied, including, but not
limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement.
makes no warranty that (i) the service will meet your requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations,
and (v) any errors in the code will be corrected.
material downloaded or otherwise obtained through the use of the service is
done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of any such material.
advice or information, whether oral or written, obtained by you from
codejunkies or through or from the service shall create any warranty not
expressly stated in the tos.
e. A small
percentage of users may experience epileptic seizures when exposed to certain
light patterns or backgrounds on a computer screen or while using the service.
Certain conditions may induce previously undetected epileptic symptoms even in
users who have no history of prior seizures or epilepsy. If you, or anyone in
your family, have an epileptic condition, consult your physician prior to using
the service. Immediately discontinue use of the service and consult your
physician if you experience any of the following symptoms while using the
service, dizziness, altered vision, eye or muscle twitches, loss of awareness,
disorientation, any involuntary movement, or convulsions.
18.LIMITATION OF LIABILITY
expressly understand and agree that codejunkies shall not be liable to you for
any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if codejunkies has been advised of the
possibility of such damages), resulting from: (i) the use or the inability to
use the service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv)
statements or conduct of any third party on the service; or (v) any other
matter relating to the service.
19.EXCLUSIONS AND LIMITATIONS
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations of sections 17 and 18 may not apply
20.SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock
quotes, investments or securities, please read the above Sections 17 and 18
again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included in
the Service is intended for trading or investing purposes. Codejunkies and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions
made based on such information.
21. NO THIRD PARTY BENEFICIARIES
that, except as otherwise expressly provided in this TOS, there shall be no
third party beneficiaries to this Agreement.
may provide you with notices, including those regarding changes to the TOS, by
either email, regular mail, or postings on the Service.
logos, trademarks and service marks are trademarks of Datel Design and
Development. (the "Codejunkies Assets"). Without Codejunkies' prior
permission, you agree not to display or use in any manner, the Codejunkies
24.NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
respects the intellectual property of others, and we ask our users to do the
same. Codejunkies may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Codejunkies' Copyright Agent the following
electronic signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email address;
5. a 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;
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.For claims of copyright or other intellectual property infringement
of downloadable products are non refundable, if you are having problems using
the download please email technical support.
Agreement. The TOS
constitute the entire agreement between you and Codejunkies and govern your use
of the Service, superseding any prior agreements between you and Codejunkies.
You also may be subject to additional terms and conditions that may apply when
you use or purchase certain other Codejunkies services, affiliate services,
third-party content or third-party software.
Law and Forum. The TOS
and the relationship between you and Codejunkies shall be governed by the laws
of England without regard to its conflict of law provisions. You and
Codejunkies agree to submit to the personal and exclusive jurisdiction of the
courts located within England.
and Severability of Terms. The failure of Codejunkies to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavour to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
agree that your Codejunkies account is non-transferable.
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
section titles in the TOS are for convenience only and have no legal or
Electrical and Electronic Equipment (WEEE) Directive is now UK law. The
legislation aims to make producers pay for the collection, treatment and
recovery of waste electrical equipment. The regulations also mean that
suppliers of equipment like high street shops and internet retailers must allow
consumers to return their waste equipment free of charge.
amount of WEEE we throw away is increasing by around 5% each year, making it
the fastest growing waste stream in the UK.
reduces the environmental and health risks associated with sending electrical
goods to landfill.
is obliged under these regulations to offer our customers free take-back of
their WEEE on a like-for-like basis when they buy a new Electrical or
Electronic product from us.
must return their like-for-like WEEE item to us within 28 days of purchasing
their new item at their own cost.
WEEE Regulations, all new electrical goods should now be marked with the
crossed-out wheeled bin symbol shown to show that they were produced after 13th
August 2005, and should be disposed of separately from normal household waste
so that they can be recycled.
report any violations of the TOS to firstname.lastname@example.org.