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Terms
of Use
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS WEBSITE. By using this website, you are
irrevocably agreeing to these Terms of Use. If you do
not agree to these Terms of Use, do not use this website.
The Galactic Attic, LLC d/b/a as History In
Action Games, may without notice and at its sole
discretion, modify, alter or otherwise update these
Terms of Use at any time. You should visit this page
regularly to review the current Terms of Use, since
your continued use of the website will be deemed as
acceptance of any revisions. Some areas of this website
may be subject to additional terms and conditions which
should be read before making any use of those areas.
General:
These
Terms of Use are governed by laws of the State of Tennessee,
without regard to its conflict of laws principles. You
hereby consent to the exclusive jurisdiction and venue
of the state and federal courts within Hamilton County,
Tennessee, for any claims arising out of or relating
to your use of the website, the materials on this website,
and/or these Terms of Use. If any provision of these
Terms of Use is found to be invalid or unenforceable
by any court having competent jurisdiction, then that
provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability
of any remaining provisions. No waiver of any term of
these Terms of Use shall be deemed a further or continuing
waiver of such term or any other term.
Ownership
of Intellectual Property and Restrictions on Use of
Materials:
The materials available through this website are the
property of History In Action Games and/or its
subsidiaries, affiliates, licensors, licensees, or other
respective owners. These materials are protected by
copyright, trademark, and other intellectual property
laws. Information received through this website may
be displayed, reformatted, and printed for your personal,
noncommercial use only. You may not reproduce or retransmit
the materials, in whole or in part, in any manner, without
the prior written consent of the owner of such materials,
with these exceptions only: You may make single copies
of the materials available through this website, solely
for your personal, noncommercial use, and only if you
preserve any copyright, trademark, or other notices
contained in or associated with them. You may not distribute
such copies to others, whether or not in electronic
form, whether or not for a charge or other consideration,
without prior written consent of the owner of the materials.
Requests
for permission to reproduce or distribute materials
available through this website should be e-mailed to:
info@HistoryInActionGame.com.
Unsolicited
Idea Submission Policy:
HISTORY IN ACTION GAMES DOES NOT ACCEPT OR CONSIDER
UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, PROTOTYPES OR OTHER WORKS. THE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL DISPUTES WHEN HISTORY
IN ACTION GAME’S PRODUCTS OR MARKETING STRATEGIES
MAY SEEM SIMILAR TO SUBMITTED IDEAS.
Submissions:
Should
any viewer of a document on this website respond to
History In Action Games with information including
feedback data, such as questions, comments, suggestions,
or the like regarding the website, or the content of
any item, such information shall be deemed to be non-confidential
and History In Action Games shall have no obligation
of any kind with respect to such information. In addition,
History In Action Games shall be free to reproduce,
use, disclose, display, exhibit, transmit, perform,
create derivative works, and distribute the information
to others without limitation, and to authorize others
to do the same. Further, History In Action Games
shall be free to use any ideas, concepts, know-how or
techniques contained in such information for any purpose
whatsoever, including, but not limited to, developing,
manufacturing and marketing products and other items
incorporating such information. In consideration of
History In Action Game’s continuing efforts
to improve our products and to respond to feedback from
users, you agree to transfer such ideas, concepts and
techniques to History In Action Games without
any compensation. You agree to execute any and all documents
that History In Action Games may reasonably request
in connection with confirming History In Action Game’s
ownership of and unlimited right to use such ideas,
concepts and techniques. This paragraph is not intended
to apply to any personal information about you (such
as name, mailing address and e-mail address), the use
of which will be governed by History In Action Game’s
Privacy Policy. You agree not to submit any personal
information (other than your e-mail address or user
name) through e-mail sent to other users or messages
posted on this website by you.
Links
to This Site:
You are free to establish a hypertext link to this website
from your home page, so long as the page containing
the link properly attributes the linked site to History
In Action Games and does not state or imply any
sponsorship of your site by History In Action Games
or the reverse. Without the prior written consent of
History In Action Games, you may not create a
link to this website that incorporates or relies upon,
in whole or in part, any content from any page on this
website, or that incorporates any copyrighted, trademarked,
or otherwise intellectual property of History In
Action Games or any of its licensors. Requests for
permission to establish links to this website may be
be e-mailed to: info@HistoryInActionGame.
Links
to Other Sites:
This website contains links to third-party websites.
These links are provided as a convenience to you. History
In Action Games does not control and is not responsible
for the content of third-party websites to which the
website may be linked, and does not make any representations
regarding the accuracy, copyright or other statutory
or regulatory compliance, legality or decency of any
of the content or other materials on such third-party
websites. If you decide to access linked third-party
websites, you do so at your own risk.
Message
Forums and Blogs:
History In Action Games may host blogs, chat
rooms, message forums or other public posting areas
(“Forums”). The information and opinions expressed
in these Forums are not necessarily those of History
In Action Games or its affiliated or related entities
or content providers. History In Action Games
makes no representations or warranties regarding information
or opinions that appear in the Forums, and does not
endorse or guarantee the accuracy of any posting. History
In Action Games assumes no obligation to monitor
the Forums or to delete or edit any postings. However,
History In Action Games reserves the right to
delete, move, or edit any postings that we consider
illegal or inappropriate. By using History In Action
Game’s website, you agree that you will not
submit or otherwise publish through the Forums any content
which: (a) libels, defames, invades privacy, or is obscene,
pornographic, profane, abusive, harassing, or threatening;
(b) infringes any intellectual property or other right
of any entity or person, including, but not limited
to violating anyone’s copyrights or trademarks;
(c) violates any law; (d) advocates illegal activity;
or (e) disparages the products or services of any third
party. You agree not to submit any personal information
(other than your e-mail address or user name) through
e-mail sent to other users or messages posted on this
website by you.
No
Spamming:
From time to time, users post their e-mail addresses
in our Forums and other public-posting areas. You agree
not to gather these e-mail addresses for purposes of
spamming, meaning, sending unsolicited e-mail.
No
Soliciting:
You agree not to use our Forums to advertise or to solicit
anyone to buy or sell products or services, or to make
donations of any kind, without our express written approval.
Disclaimer
of Warranties and Liability:
Because of the numerous possible sources of information
available through History In Action Game’s
website, and the inherent hazards and uncertainties
of electronic distribution, there may be delays, omissions,
or inaccuracies in such information. Information available
through this website may include facts, views, opinions,
and recommendations of individuals and organizations.
This website does not endorse, assert, or guarantee
the truthfulness or reliability of any such facts, views,
opinions, or recommendations, nor any statements made
by any persons, including without limitation, information
contained in the Forums of this website, and information
provided or statements made by celebrity or “expert”
guests on this website.
THE
MATERIALS IN THIS SITE ARE PROVIDED “AS IS”
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. HISTORY IN ACTION GAME’S DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, HISTORY IN ACTION GAMES DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
HISTORY
IN ACTION GAMES DOES NOT WARRANT THE ACCURACY, COMPLETENESS
OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE.
HIAG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU (AND NOT HISTORY IN ACTION GAMES) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND
CORRECTION.
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL HISTORY IN ACTION GAMES BE LIABLE FOR ANY
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED
MATERIALS, EVEN IF HISTORY IN ACTION GAMES OR
ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL HISTORY IN ACTION
GAME’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR
OTHERWISE) EXCEED THE AMOUNT YOU PAID TO HISTORY
IN ACTION GAMES, IF ANY, FOR PRODUCTS PURCHASED
ON THIS SITE.
Indemnity:
By
using this website, you agree to indemnify, defend and
hold harmless HISTORY IN ACTION GAMES, its affiliates,
and their respective officers, directors, employees,
agents, licensors, representatives, and third party
providers to the website from and against all losses,
expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of this agreement
by you, including without limitation any content or
communications you post or transmit through this website
and your use of this website.
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