Last updated: November 14 2018
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use the Services. If these Terms are considered an offer by IDA Games, acceptance is expressly limited to these Terms.
The Services are not directed to children. If you are under 16, please make sure you have consent from you parent and/or guardian before using the Services. Parts of the Services are not available for use by those under 18 years old and require you to accept additional terms and conditions to be able to access them. We do not knowingly collect personal information from children in connection with those Services.
1. Your IDA Games account
To sign up for the Beta at outscape.net or create an IDA Games account at accounts.idagames.com you must accept the Account Terms and Conditions.
2. Responsibility of Contributors
If you post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by IDA Games or otherwise.
3. Responsibility of Services Visitors
IDA Games has not reviewed, and cannot review, all of the material posted to the Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, IDA Games does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. IDA Games disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through third party websites and webpages to which the Services link, and that link to the Services. IDA Games does not have any control over those third party websites, and is not responsible for their contents or their use. By linking to a third party website, IDA Games does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IDA Games disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
5. Copyright Infringement and DMCA Policy
As IDA Games asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to notify IDA Games. IDA Games will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. IDA Games will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of IDA Games or others.
6. User Generated Content
IDA Games has the right (though not the obligation) to, in IDA Games’s sole discretion (i) refuse or remove any content that, in IDA Games’s reasonable opinion, violates any IDA Games policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in IDA Games’s sole discretion. IDA Games will have no obligation to provide a refund of any amounts previously paid. You hand over intellectual property rights to IDA Games of any content created or owned by you and made available by you through the Services.
7. Intellectual Property
This Agreement does not transfer from IDA Games to you any IDA Games or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with IDA Games. All trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of IDA Games or IDA Games’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any IDA Games or third-party trademarks.
IDA Games reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. IDA Games may also, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
IDA Games may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your IDA Games account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The Services are provided “as is”. IDA Games and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IDA Games nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
11. Limitation of Liability
In no event will IDA Games, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to IDA Games under this agreement during the twelve (12) month period prior to the cause of action. IDA Games shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You represent and warrant that (i) your use of the Services will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless IDA Games, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between IDA Games and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of IDA Games, or by the posting by IDA Games of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IDA Games may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document is CC-BY-SA. Originally adapted from the WordPress Terms of Service.