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| Home - Terms of Service |
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Terms of Service as of 04/09/08
These Terms of Service (the "Agreement ") set forth the terms and conditions
that apply to your use of the Atari web sites and the services and materials on
those sites offered to you by Atari, Inc. (the "Service"). By using
the Service, you agree to the terms of this Agreement as if you had signed it.
If you do not agree to be bound by this Agreement, please discontinue your use
of the service.
1. Restrictions on Use
As part of the Service you will be provided with information, chat rooms, links
to other web sites and other services that Atari may decide to offer, subject
to these Terms of Service. Atari may, in its sole discretion, discontinue or alter
any aspect of the Service, including, but not limited to restricting, (i) the
time of availability, (ii) the availability and/or scope of the Service for certain
platforms (i.e. computer types and operating systems), (iii) the amount of use
permitted, and (iv) restricting or terminating any user's right to use all or
part of the Service, at any time in Atari's sole discretion and without prior
notice or liability.
2. Content
"Content" includes the software, communications, any graphics (including
textures, skins, and modules-e.g. rides, cars, buildings, etc.), sounds, music,
video, audio, text and all other material and information uploaded or made available
by Atari, you or any other user on the Service. Content is derived in whole or
in part from material supplied and owned by Atari and other sources. This material
is protected by copyright, trademark and other applicable laws. You may not modify,
copy, reproduce, republish, upload, post, transmit, publicly display, prepare
derivative works or distribute Content from the Service without the express authorization
of Atari. You may, however, download Content from the Service for your personal,
non-commercial use only, provided you keep intact all copyright and other proprietary
notices and use the Content in accordance with all restrictions applicable to
your use of the Service in general. In the event you download content from the
Service, the Content is licensed to you by Atari which does not transfer title
to you. Atari does not pre-screen all Content available on the Service and does
not assume any responsibility or liability for Content provided by users of the
Service or by third parties. Atari reserves the right to remove at its sole discretion
Content for any reason. Neither Atari nor its affiliates assume any liability
for failure to remove, or delay in removing Content.
3. Conduct
It is a condition of your use of the Service that you do NOT: (i) restrict or
inhibit any other user from using and enjoying the Service (ii) post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including, without limitation, any
images or other material depicting nudity; (iii) post or transmit comments containing
harassing or offensive language, including sexual references, sexual nicknames,
ethnic or racial slurs, hate propaganda, hate mongering, swearing or rude or deliberately
offensive comments, or engage in disruptive activities online, including excessive
use of the return key, shouting (ALL CAPS), or flooding; (iv) post, upload or
transmit any Content or other material that is fraudulent or violates or infringes
the rights of others, including material that violates privacy or publicity rights,
or infringes copyright, trademark or other proprietary rights, unless you first
obtain permission from the owner or right holder, and such owner or holder agrees
to the terms of this Agreement; (v) post, upload or transmit any information,
software or other material that contains a virus or other harmful or corrupted
component; (vi) post or transmit content that encourages or provides instructional
activities about illegal activities, in particular hacking, cracking or distribution
of counterfeit software; (vii) post, transmit or in any way exploit any information,
software or other material for commercial purposes or that contains advertising,
"junk mail," "spam," or "chain letters," (viii)
solicit other users to join or contribute money to any online service or other
organization, advocate or attempt to get users to join in illegal schemes or plan
or participate in scams involving other users; (ix) impersonate any person or
entity or falsely state or otherwise misrepresent your professional or other affiliation
with any person or entity or indicate that you are an employee or representative
of Atari or its affiliates; (x) resell or redistribute the information derived
from the Service in a machine-readable database; (xi) use the Service to collect
personally identifying information about users of the Service in violation of
Atari’s Privacy Policy; (xii) disguise a file type to thwart Atari’s detection
process; (xiii) improperly use the game support or complaint buttons or make false
reports to Atari’s staff members.
4. Monitoring
Atari has no obligation to monitor the Community Areas or any other use of the
Service. You acknowledge and agree that Atari reserves the right to, and may from
time to time, monitor any and all information transmitted or received through
the Service, including, but not limited to, the Community Areas, for operational
and other purposes. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with Atari’s Privacy Policy.
Use of the Service constitutes consent to such monitoring. Furthermore, Atari
reserves the right at all times to disclose any information posted on the Community
Areas or on any other portion of the Service as necessary to satisfy any law,
regulation, or governmental request, or to refuse to post, or to remove, any information
or materials, in whole or in part, that in Atari’s sole and absolute discretion
are objectionable or in violation of this Agreement.
5. License
5.1. By uploading Content, inputting data, or engaging in any other form
of communication (a "Communication") through the Community Areas and
the Service you are granting Atari a royalty-fee, irrevocable, perpetual, non-exclusive,
unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit,
publicly perform, display, or create derivative works from any such Communication,
and (ii) sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to such Communication. No Communication
will be subject to any obligation of confidence on the part of Atari. You waive
and relinquish any "moral rights" that may exist in any Communication,
and agree not to assert any moral rights in any Communication.
5.2. Downloadable Software License Terms. Any software that you may download
from this Site ("Downloaded Software") is the copyrighted work of Atari
and/or its licensors. Use of Downloaded Software is governed by the terms of any
end-user license agreement that may accompany the Downloaded Software. The following
terms apply to your use of Downloaded Software (to the extent not inconsistent
with any accompanying end-user license agreement): (a) Atari hereby grants to
you a personal, non-exclusive, non-transferable, limited license to use the object
code version of the Downloaded Software solely on your single personal computer;
(b) Downloaded Software is provided strictly on an "as-is" basis, without
any warranties of any kind, whether expressed or implied, including without limitation
any warranties of merchantability, fitness for a particular purpose (even if Atari
has been informed of such purpose), non-infringement or compatibility with your
computer hardware or software; (c) Atari has no liability of any kind or nature
in connection with your use of the Downloaded Software (including liability for
any consequential or incidental damages), and the entire risk of use (including
without limitation any damage to your computer hardware or software) resides with
you; and (d) your license to use the Downloaded Software will terminate automatically
and without notice in the event that you violate any of these license terms.
6. Content in the Community Areas and on the Service.
Communications posted in the Community Areas and through the Service are provided
by users who are unaffiliated with Atari, and the user providing each such Communication
is solely responsible for its content. In using the Community Areas or receiving
e-mail messages through the Service, you should not assume that such messages
have been reviewed by Atari, that such Communications contain correct information,
or that the persons posting such Communications have accurately identified themselves
and/or their affiliation with any third party. You understand that by using the
Service, you may be exposed to Communications that are offensive, indecent, or
objectionable. Under no circumstance will Atari be liable in any way for any Communication,
including, but not limited to, liability for any errors on omissions in any Communication,
or for any loss or damage of any kind incurred as a result of the use of any Communication
posted, e-mail, or otherwise transmitted via the Service.
7. Personal Safety
When using the Service, please be certain that anything that you say does not
compromise your personal safety. Do not provide your name, phone number, postal
or e-mail address, your password, or any other personally identifying information
to people you do not know. Do not continue any conversation online that makes
you feel uncomfortable.
8. Submissions
Atari is pleased to hear from users and welcomes your comments regarding Atari’s
programs and services. Atari’s longstanding company policy does not allow it to
accept or to consider creative ideas, suggestions, or materials other than those
it has specifically requested. We hope that you will understand that the intent
of this policy is to avoid the possibility of future misunderstandings when projects
developed by Atari’s employees and agents might seem to be similar to creative
works submitted by users. Accordingly, while Atari values your feedback, Atari
must ask that you do not send original creative materials. If, at Atari’s request,
you send specific submissions (postings to the Community Areas, or contests),
or, without a request from Atari, you send creative suggestions, ideas, notes
or concepts or other materials (collectively, "Comments"), they will
be deemed, and will remain, the property of Atari, and will otherwise be subject
to the provisions below. You represent and warrant that you are authorized to
grant all rights in the Comments to Atari. Disclosure, submissions, or offer of
any Comments will constitute assignment to Atari of all worldwide rights, title,
and interest in all copyrights and other intellectual property rights in such
Comments. Atari may edit, copy, publish, distribute, translate, and otherwise
use in any medium any Comments that you forward to Atari and will own exclusively
all such rights, title, and interest and will not be limited in any way in its
use, commercial or otherwise, of the Comments. Infogrames is and will be under
no obligation to: (1) maintain any of your or any user's Comments in confidence;
(2) pay to you or any user any compensation for any Comments; or (3) respond to
any of your or any other user's Comments.
9. Dealing with Merchants
Your correspondence or business dealing with, or participation in promotions of
merchants 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 merchant. Atari
will 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 merchants
on the Service.
10. Disclaimer of Warranties
ATARI HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES
("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY
MATERIALS ON THE SERVICE. NEITHER ATARI, ITS PARENT OR SUBSIDIARY COMPANIES NOR
ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND
PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE
ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, ATARI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE
OR COURSE OF DEALING. ATARI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH
MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE,
WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE,
INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATARI DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE
MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk
of errors and/or omissions in the Service, including the transmission or translation
of information and the completeness, accuracy and usefulness of any Content found
on the Service. You assume full responsibility for implementing sufficient procedures
and checks to satisfy your requirements for the accuracy and suitability of the
Service, including the information, and for maintaining any means that you may
require for the reconstruction of lost data or subsequent manipulations or analyses
of the information provided. You acknowledge and agree that your use of the Service,
and any information sent or received in connection with that use, may not be secure
and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR
THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER
SYSTEM OR OTHER PROPERTY.
11. Limitation of Liability
IN NO EVENT WILL ATARI, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE
OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, INFOGRAMES
REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT,
TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF ATARI OR ANY OF ITS SUBSIDIARY
COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS WAIVER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE
FAILURE, NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT ATARI, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS WILL NOT
BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE
SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE.
12. Indemnification
You agree to defend, indemnify and hold harmless Atari, its affiliates and their
respective directors, officers, employees and agents from and against any and
all claims, actions, suits or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys fees) arising out
of or accruing from (a) any Content or other material uploaded, posted or otherwise
provided by you that infringes any copyright, trademark, trade secret, trade dress,
patent or intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation made by you in
connection with your use of the Service; and (c) claims brought by persons or
entities other than the parties to this Agreement arising from or related to your
access and use of the Service, including the information obtained through the
Service.
13. Termination
Atari may, in its sole discretion, terminate your use of the Service, or remove
and discard any communication transmitted by you or information stored, sent,
or received via the Service without prior notice and for any reason. Termination,
suspension, or cancellation of this Agreement or your access rights will not affect
any right or relief to which Atari may be entitled in law or in equity. Upon termination
of this Agreement, all rights granted to you will automatically terminate and
immediately revert to Atari and its licensors. Sections 3, 4, 5, 10, 11, 12, 13,
14, and 16 through 20 will survive any expiration or termination of this Agreement.
14. Trademarks
Atari, and the Atari and Fuji logos are trademarks of Atari Interactive, Inc.,
and all other trademarks, service marks and trade names used on the Service are
the property of their respective owners, and all of the above trademarks may not
be copied, downloaded or otherwise exploited without the permission of Atari or
the owner of such trademark, service mark or trade name, except as explicitly
permitted in this Agreement.
™, ®, Game Boy Advance, Nintendo GameCube, Nintendo DS and the Wii logo are trademarks of Nintendo. © 2007 Nintendo.
 
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| "PlayStation", "PLAYSTATION", "PS" Family logo and "PSP" are registered trademarks of Sony Computer Entertainment Inc. PSP® system - Internet connection and Memory Stick Duo™ may be required (sold separately). PLAYSTATION®3 - Online access requires broadband Internet service and a wireless access point or LAN. Certain limitations apply to Wi-Fi connectivity. User is responsible for Internet service fees. Online play requires internet connection and Memory Card (8MB) (for PlayStation 2) (each sold separately). The Online icon is a trademark of Sony Computer Entertainment America Inc.
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Microsoft, Xbox, Xbox 360, Xbox LIVE, and the Xbox logos are trademarks of the Microsoft group of companies and are used under license from Microsoft.
Windows and the Windows Vista start button logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and "Games for Windows" and the Windows Vista start button logo are used under license from Microsoft. |
15. Minors
If you have agreed to allow your minor child, or a child for whom you are legal
guardian (a "Minor"), to use the Service, you agree that you will be
solely responsible for: (a) the online conduct of such Minor; (b) monitoring such
Minor's access to and use of the Service; (c) the consequences of any use of the
Service by such Minor. Children under the age of 13 cannot enter restricted areas
of the Service. At various places on the Service, we ask users to enter their
age. Atari relies on our users to be truthful in responding to these questions.
If a user does not identify his/her proper age, we will have no way of verifying
actual age with respect to our privacy policy.
16. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Atari hereby notifies you that
parental control protections (such as computer hardware, software, or filtering
services) are commercially available and may assist you in limiting access to
material that is harmful to minors. Information identifying current providers
of such protections is available at the Electronic Frontier Foundation Web site,
http://www.eff.org/Censorship/Censorware, and at the Safe Surf site, http://www.safesurf.com.
To view information on our policy regarding privacy of children under the age
of 13, please see our privacy policy.
17. Infringement Policy
Atari, pursuant to 17 U.S.C Section 512 as amended by Title 11 of the Digital
Millennium Copyright Act (the "Act"), reserves the right, but not the
obligation, to terminate your license to use the Service if it determines in its
sole and absolute discretion that you are involved in infringing activity, including
alleged acts of first-time or repeat infringement, regardless of whether the material
or activity is ultimately determined to be infringing. Atari accommodates and
does not interfere with standard technical measures used by copyright owners to
protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Atari
has implemented procedures for receiving written notification of claimed infringements
and for processing such claims in accordance with the Act. All claims of infringement
must be submitted to Atari in written complaint that complies with the requirements
below and is delivered to our designated agent to receive notification of claimed
infringement.
By Mail
Vice President, Legal & Business Affairs
Atari, Inc.
417 Fifth Avenue
New York, NY 10016
In addition, any written notice regarding any defamatory or infringing activity,
whether of copyright, patent, trademark or other proprietary right must include
the following information:
A. A physical or electronic signature of a person authorized to act on behalf
of (1) the owner of an exclusive right that is allegedly infringed or (2) the
person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at the site. Similarly, for
materials that are defamatory or infringe patent, trademark, or other proprietary
rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to mail address.
D. Information reasonably sufficient to permit us to contact you, such as your
address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright or other proprietary right
owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or on behalf of the person defamed.
18. Modification
Atari reserves the right in its sole discretion, to amend this Agreement, and
to modify, add or discontinue any aspect, or feature of the Service. Such amendments,
modifications, additions or deletions will become effective upon notice of that
action, which may be provided to you by posting on the Service, via e-mail or
any other reasonable means. Continued use of the Service by you will constitute
your binding acceptance of any such amendments, modifications, additions or deletions.
19. Export Control Information
Unless otherwise specified, the materials on the Service are presented solely
to provide information regarding and to promote the Atari Service and other products
available in the United States, its territories, possessions and protectorates.
The Service is controlled and operated by Atari from its offices within the state
of New York, United States of America. Atari makes no representation that materials
on the Service are appropriate or available for use outside the United States.
Those who choose to access the Service from outside the United States do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent that the local laws are applicable. Software from the Service is
further subject to United States export controls. No software from the Service
may be downloaded or otherwise exported or re-exported (A) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By using the Service, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
20. Miscellaneous
This Agreement will be governed by and construed in accordance with
the laws of the State of New York without giving effect to any principles
of conflict of law. Although you acknowledge that we will have the
ability to enforce our rights in any court of competent jurisdiction,
you hereby consent to the exclusive jurisdiction and venue of courts
in New York, New York, U.S.A., regarding any and all disputes relating
to this Agreement or your use of the Service. You acknowledge and
agree that the warranty disclaimers and liability and remedy limitations
in this Agreement are material terms of this Agreement and that they
have been taken into account in the decision by Infogrames to provide
the Service. You may not assign any of your rights, obligations or
privileges without the prior, written consent of Atari. Any assignment
of the foregoing other than as provided for in this section under
this Agreement will be null and void. If any provision of this Agreement
will be unlawful, void, or for any reason unenforceable then that
provision will be deemed severable from this Agreement, will be enforced
to the fullest extent allowed by law as to affect the intention of
the parties, and will not affect the validity and enforceability of
any remaining provisions. This Agreement and any posted operating
rules constitute the entire Agreement of the parties with respect
to the subject matter of this Agreement, and supersede all prior or
contemporaneous communications and proposals whether oral, or written,
between the parties with respect to the subject matter of this Agreement,
and supersede all prior or contemporaneous communications and proposals,
whether oral or written, between the parties with respect to such
subject matter. No waiver of any provision or any right granted under
this Agreement will be effective unless set forth in a written instrument
signed by the waiving party. No waiver by either party or any breach
or default under this Agreement will be deemed a waiver of any subsequent
breach or default. You agree not to reproduce, duplicate, copy, or
sell, resell, or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service. The
titles and subtitles used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting this
Agreement.
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