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Terms of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITEACCEPTANCE OF CONTRACT TERMSThe following terms of use ("Terms of Use" or "Agreement") are the terms of a legal agreement between you and Cheyenne Mountain Entertainment, Inc. (hereinafter referred to as "Cheyenne Mountain"). By accessing, browsing and/or using this site (the "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by Cheyenne Mountain from its offices within the United States. Cheyenne Mountain makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and materials thereon from territories where the content is illegal is prohibited. Those who choose to access this Site from other locations do so of their own initiative and are responsible for compliance with applicable local laws. You represent, warrant, and covenant that: (i) you will not upload, email, post or transmit to, or distribute or otherwise publish through the Site any materials which (ii) restrict or inhibit any other user from using and enjoying the Site, (iii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iv) constitute or encourage conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the law, (v) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (vi) contain a virus, worm, Trojan horse, or other harmful component, (vii) contain any information, software, or other material of a commercial nature, (viii) contain advertising of any kind, or (ix) constitute or contain false or misleading indication of origin or statement of fact. You acknowledge that you will not impersonate someone else, nor use deceptive nicknames that would lead people to believe you are a person or entity that you are not. Stalking of others, in our chat rooms or in another manner, is a serious offense. Such behavior may be considered a criminal act. We reserve the right to release information to the proper authorities, as a result of a violation of our standards, or unlawful acts, if the information is subpoenaed, and/or if we deem it necessary and/or appropriate. COPYRIGHT AND USER RESTRICTIONSAll material provided on this Site is protected by copyrights owned or controlled by Cheyenne Mountain or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Cheyenne Mountain or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site solely for personal, non-commercial use only provided you do not modify, copy, alter, reverse engineer, disassemble, or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited, without our prior, written consent. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this permission and that no title or material from any of the Site has been or will be transferred to you by Cheyenne Mountain or anyone else. Upon termination of these Terms of Use, you will immediately destroy any and all downloaded and/or printed materials. You also may not, without Cheyenne Mountain's prior, written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Cheyenne Mountain respects the intellectual property of others and expects users of the Site to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you know of or suspect that any use of the Site constitutes copyright infringement, please send a notice to Cheyenne Mountain at: Attn: Cheyenne Mountain Notice of Copyright Infringement, Cheyenne Mountain Entertainment, Inc., 4140 East Baseline Rd., Suite 208, Mesa, Arizona 85206. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf. TRADEMARKSThe trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Cheyenne Mountain and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Cheyenne Mountain aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both Cheyenne Mountain's and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Cheyenne Mountain prohibits use of any of its Trademarks without the prior written consent of Cheyenne Mountain. USERNAMES AND PASSWORDSIf you use any part of the Site that requires a username or password, (i) you agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration process, (ii) you agree that you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and (iii) you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password are compromised in any manner, you should notify Cheyenne Mountain immediately. Cheyenne Mountain reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Cheyenne Mountain may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Cheyenne Mountain be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Cheyenne Mountain under this provision; (ii) any compromise of the confidentiality of your account or password; or (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. POSTINGS AND CHAT ROOMSBy posting messages, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the Site, you hereby grant to Cheyenne Mountain a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Cheyenne Mountain for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge that Communications to, from and through the Site are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications using the Site, no confidential, fiduciary, contractually implied, or other relationship is created between you and Cheyenne Mountain other than pursuant to this Agreement. The Site may make chat rooms, forums, message boards, email, user-generated homepages and/or news groups available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. Your right to speak freely here must be exercised with courtesy and self-restraint. In consideration of being allowed to use the Site, when you enter or use a chat room, use a message board, transmit an e-mail, or otherwise utilize the Site, you explicitly and unequivocally agree you will not: use any Site service for any purpose in violation of local, state, or national laws of any country; post or otherwise transmit any material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; post or otherwise transmit any material that reveals trade secrets, unless you own them or have the permission of the owner; post or otherwise transmit any material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or otherwise transmit any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or otherwise transmit sexually-explicit images; post or otherwise transmit advertisements or solicitations of business; disrupt the normal flow of dialogue and/or exchange on the Site, or post or otherwise transmit chain letters or pyramid schemes. You are responsible for your own Communications, as defined above, and are responsible for the consequences of posting or otherwise transmitting those Communications. Cheyenne Mountain does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Site users or endorse any opinions expressed by such users. Cheyenne Mountain does not screen Communications in advance and is not responsible for screening or monitoring material posted or otherwise transmitted by Site users. If Cheyenne Mountain receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Cheyenne Mountain may investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. Cheyenne Mountain has no liability or responsibility to users for performance or nonperformance of such activities. Cheyenne Mountain may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the Site. Violation of any of the terms and conditions set forth herein may result in actions being taken by Cheyenne Mountain, effective immediately or at a time determined by Cheyenne Mountain, which may include without limitation: (i) temporarily suspending your access to the Site, or (ii) permanently terminating your access to the Site. Without limiting the foregoing, Cheyenne Mountain reserves the right to expel users and prevent their further access to the Site for violating this Agreement or violating the law, and/or to remove Communications that are abusive, illegal, disrespectful, or disruptive. SUBMISSIONS, FAN FICTION AND ARTWORK, AND PHOTOGRAPHSCheyenne Mountain is pleased to hear from its customers and welcomes your comments regarding the Site. Unfortunately, however, Cheyenne Mountain's company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Cheyenne Mountain's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our Site, services and products, we request that you be specific in your comments on the Site, services and/or products, and not submit any creative ideas, suggestions or materials. Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so ("Submissions") shall be deemed, and shall remain, the property of Cheyenne Mountain from the moment of creation. Accordingly, Cheyenne Mountain shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions are hereby irrevocably assigned to Cheyenne Mountain, together with all intellectual property rights therein. In any event, you agree that Cheyenne Mountain shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission. You also give up any claim that any use by Cheyenne Mountain and/or its licensee and/or licensors of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission, you warrant, represent and promise that you are eighteen (18) years of age or older; if you are under eighteen (18) years of age, you must first contact Cheyenne Mountain at Attn: Cheyenne Mountain Entertainment Submissions, Cheyenne Mountain Entertainment, Inc., 4140 East Baseline Rd., Suite 208, Mesa, Arizona 85206 to obtain an agreement for your parent or guardian to sign prior to providing any Submission. If you upload any photograph to or through any Site feature, you (a) grant to Cheyenne Mountain the non-exclusive, worldwide right to use, post, publish and display your photograph on the Site, without royalty or compensation of any kind, (b) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (c) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (d) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (e) promise that you are eighteen (18) years of age or older. You understand that, once your photograph is posted, anyone can download and/or distribute that photograph. You expressly waive any and all claims you may have against Cheyenne Mountain and release Cheyenne Mountain from any and all liability arising from or related to the submission and Cheyenne Mountain's or any third party's use of the photograph. INDEMNIFICATIONSYou agree to indemnify, defend and hold Cheyenne Mountain, its parent, subsidiaries, affiliates and their respective officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the "Cheyenne Mountain Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any Cheyenne Mountain Party in connection with any use or alleged use by you of the chat rooms, bulletin boards, or other user forums of this Site; any unauthorized, illegal, or infringing use of this Site by you; any violation by you of these Terms of Use; any violation by you of any rights of another, including intellectual property rights; or any losses resulting from someone else using your account or Cheyenne Mountain reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Cheyenne Mountain's defense of such claim. For the sake of clarification, "Cheyenne Mountain Parties" specifically includes Cheyenne Mountain's licensor, MGM Interactive Inc. DISCLAIMER OF WARRANTYTHIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CHEYENNE MOUNTAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR OTHER VIOLATION OF RIGHTS. NEITHER CHEYENNE MOUNTAIN NOR ANY OF THE OTHER CHEYENNE MOUNTAIN PARTIES WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY CHEYENNE MOUNTAIN OR ANY OF THE OTHER CHEYENNE MOUNTAIN PARTIES OR ANY ASSOCIATION WITH ITS/THEIR OPERATORS. NEITHER CHEYENNE MOUNTAIN NOR ANY OF THE OTHER CHEYENNE MOUNTAIN PARTIES IS RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE. LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHEYENNE MOUNTAIN OR ANY OF THE OTHER CHEYENNE MOUNTAIN PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CHEYENNE MOUNTAIN, ANY OTHER CHEYENNE MOUNTAIN PARTY OR A CHEYENNE MOUNTAIN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Cheyenne Mountain and the other Cheyenne Mountain Parties further do not warrant the accuracy or completeness of the information, text, graphics, videos, links or other items contained within these materials. Cheyenne Mountain may make changes to these materials, or to the products described therein, at any time without notice. Cheyenne Mountain makes no commitment to update the materials. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, the Cheyenne Mountain Parties' total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the Site. PRIVACY POLICYThese Terms of Use are subject to Cheyenne Mountain's Privacy Policy at www.cheyenneme.com/info/privacy/ GENERALYou should be aware that when you are on the Site, you could be directed to other sites that are beyond its control. There may be links to other sites from Cheyenne Mountain that take you outside Cheyenne Mountain's service. These links are for convenience only and you access them at your own risk. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. By permitting advertising on the Site, Cheyenne Mountain makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Cheyenne Mountain specifically disclaims liability for direct, consequential, or incidental damages arising from such advertisements. By responding to an advertisement on the Site, you waive any claims against Cheyenne Mountain for damages arising from such advertisement or your reliance upon statements in such advertisement. You will not consider Cheyenne Mountain nor will Cheyenne Mountain be construed as a party to such transactions, whether or not Cheyenne Mountain may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS CHEYENNE MOUNTAIN LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE. Cheyenne Mountain may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. This Agreement shall be construed in accordance with the laws of the State of Arizona and the United States, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and Arizona state courts located in Maricopa County. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by Cheyenne Mountain in the United States federal and Arizona state courts located in Maricopa County. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Cheyenne Mountain's agents, licensors, licensees, successors, and assigns. In the event any one or more of the provisions of this Agreement is unenforceable, it shall be modified so as to remain in force and effect, but if that is no possible then it will be stricken from this Agreement, and the remainder of the Agreement will be unimpaired. The headings in this Agreement are for purposes of reference only. Last Updated: February 21, 2006 Cheyenne Mountain Entertainment is a trademark or registered trademark of Cheyenne Mountain Entertainment, Inc. in the U.S. and/or other countries. The Stargate Worlds game and all underlying source code and technology are copyrighted works of authorship of Cheyenne Mountain Entertainment, Inc. Stargate, "Stargate SG-1," "Stargate Atlantis," reference, characters, and images from the film and television series are copyrighted by MGM Television Entertainment, MGM Global Holdings Inc., Metro-Goldwyn-Mayer Studios Inc., Stargate Productions, and Sony. All other trademarks or tradenames are the property of their respective owners. Statements herein concerning future events and developments and Cheyenne Mountain's expectations, beliefs, plans and estimates constitute forward-looking information that involves risks and uncertainties. Cheyenne Mountain's actual results could differ materially from those indicated forward-looking information. |
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