Privacy Policy for ShootersArcade.com
The privacy of our visitors toShootersArcade.com is important to us.
At ShootersArcade.com, we recognize that privacy of your personal information
is important. Here is information on what types of personal information we
receive and collect when you use and visit ShootersArcade.com, and how we
safeguard your information. We never sell your personal information to third
parties.
Log Files
As with most other websites, we collect and use the data contained in log
files. The information in the log files include your IP (internet protocol)
address, your ISP (internet service provider, such as AOL or Shaw Cable), the
browser you used to visit our site (such as Internet Explorer or Firefox), the
time you visited our site and which pages you visited throughout our site.
Cookies and Web Beacons
We do use cookies to store information, such as your personal preferences when
you visit our site. This could include only showing you a popup once in your
visit, or the ability to login to some of our features, such as forums.
We also use third party advertisements on ShootersArcade.com to support our
site. Some of these advertisers may use technology such as cookies and web
beacons when they advertise on our site, which will also send these
advertisers (such as Google through the Google AdSense program) information
including your IP address, your ISP , the browser you used to visit our site,
and in some cases, whether you have Flash installed. This is generally used
for geotargeting purposes (showing New York real estate ads to someone in New
York, for example) or showing certain ads based on specific sites visited
(such as showing cooking ads to someone who frequents cooking sites).
DoubleClick DART cookies
We also may use DART cookies for ad serving through Google’s DoubleClick,
which places a cookie on your computer when you are browsing the web and visit
a site using DoubleClick advertising (including some Google AdSense
advertisements). This cookie is used to serve ads specific to you and your
interests (”interest based targeting”). The ads served will be targeted
based on your previous browsing history (For example, if you have been viewing
sites about visiting Las Vegas, you may see Las Vegas hotel advertisements
when viewing a non-related site, such as on a site about hockey). DART uses
“non personally identifiable information”. It does NOT track personal
information about you, such as your name, email address, physical address,
telephone number, social security numbers, bank account numbers or credit card
numbers. You can opt-out of this ad serving on all sites using this
advertising by visiting http://www.doubleclick.com/privacy/dart_adserving.aspx
You can choose to disable or selectively turn off our cookies or third-party
cookies in your browser settings, or by managing preferences in programs such
as Norton Internet Security. However, this can affect how you are able to
interact with our site as well as other websites. This could include the
inability to login to services or programs, such as logging into forums or
accounts.
Deleting cookies does not mean you are permanently opted out of any
advertising program. Unless you have settings that disallow cookies, the next
time you visit a site running the advertisements, a new cookie will be added.
Date Last Modified:
This Privacy Notice was last modified April 28, 2009.
Terms of use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (ShootersArcade.com, or the "Website"), YOU SIGNIFY YOUR AGREEMENT WITH BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF SHootersArcade's PRIVACY NOTICE, WHICH ARE PUBLISHED AT AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the ShootersArcade.com Website.
2. ShootersArcade.com Website
These Terms of Service apply to all users of
the ShootersArcade.com Website, including users who are also contributors of
gaming content, information, and other materials or services on the Website.
The ShootersArcade.com Website may contain links to third party websites that
are not owned or controlled by ShootersArcade.com. ShootersArcade.com has no
control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition,
ShootersArcade.com will not and cannot censor or edit the content of any
third-party site. By using the Website, you expressly relieve
ShootersArcade.com from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave
the ShootersArcade.com Website and to read the terms and conditions and
privacy policy of each other website that you visit.
3. Website Access
A. ShootersArcade.com hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without ShootersArcade.com's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ShootersArcade.com immediately of any breach of security or unauthorized use of your account. Although ShootersArcade.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ShootersArcade.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the ShootersArcade.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ShootersArcade.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ShootersArcade.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the ShootersArcade.com Website,
except all User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or
licensed to ShootersArcade.com, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners. ShootersArcade.com reserves all rights not expressly
granted in and to the Website and the Content. You agree to not engage in the
use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, ordistribution of User
Submissions of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you
must retain all copyright and other proprietary notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security related
features of the ShootersArcade.com Website or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the
ShootersArcade.com Website or the Content therein.
5. User Submissions
A. The ShootersArcade.com Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ShootersArcade.com does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ShootersArcade.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to ShootersArcade.com, you hereby grant ShootersArcade.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ShootersArcade.com Website and ShootersArcade.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the ShootersArcade.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ShootersArcade.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the ShootersArcade.com Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ShootersArcade.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ShootersArcade.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. ShootersArcade.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ShootersArcade.com expressly disclaims any and all liability in connection with User Submissions. ShootersArcade.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ShootersArcade.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ShootersArcade.com reserves the right to remove Content and User Submissions without prior notice. ShootersArcade.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ShootersArcade.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ShootersArcade.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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 that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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 owner, its agent, or the law; and
(vi) 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.
ShootersArcade.com's designated Copyright Agent to receive notifications of claimed infringement by clicking on this contact form: Contact_Us
You understand that when using the ShootersArcade.com Website, you will be exposed to User Submissions from a variety of sources, and that ShootersArcade.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that may contain malignant code, are offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ShootersArcade.com with respect thereto, and agree to indemnify and hold ShootersArcade.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ShootersArcade.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ShootersArcade.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ShootersArcade.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 ShootersArcade.com WEBSITE. ShootersArcade.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ShootersArcade.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ShootersArcade.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL ShootersArcade.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ShootersArcade.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ShootersArcade.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ShootersArcade.com from its facilities in the United States of America. ShootersArcade.com makes no representations that the ShootersArcade.com Website is appropriate or available for use in other locations. Those who access or use the ShootersArcade.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless ShootersArcade.com , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ShootersArcade.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ShootersArcade.com Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ShootersArcade.com Website is not intended for children under 13. If you are under 13 years of age, do not use the ShootersArcade.com.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShootersArcade.com without restriction.
11. General
You agree that: (i) the
ShootersArcade.com Website shall be deemed solely based in Pennsylvania; and
(ii) the ShootersArcade.com Website shall be deemed a passive website that
does not give rise to personal jurisdiction over ShootersArcade.com, either
specific or general, in jurisdictions other than Pennsylvania. These Terms of
Service shall be governed by the internal substantive laws of the State of
Pennsylvania, without respect to its conflict of laws principles. Any claim or
dispute between you and ShootersArcade.com that arises in whole or in part
from the ShootersArcade.com Website shall be decided exclusively by a court of
competent jurisdiction located in Pennsylvania. These Terms of Service,
together with the Privacy Notice located above and any other legal
notices published by ShootersArcade.com on the Website, shall constitute the
entire agreement between you and ShootersArcade.com concerning the
ShootersArcade.com Website. If any provision of these Terms of Service is
deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms of Service, which shall remain in full force and effect. No waiver of
any term of this these Terms of Service shall be deemed a further or
continuing waiver of such term or any other term, and ShootersArcade.com's
failure to assert any right or provision under these Terms of Service shall
not constitute a waiver of such right or provision. ShootersArcade.com
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the ShootersArcade.com Website following any amendment of
these Terms of Service will signify your assent to and acceptance of its
revised terms. YOU AND ShootersArcade.com AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE ShootersArcade.com WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE
OF ACTION IS PERMANENTLY BARRED.
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