ACCEPTANCE OF
TERMS OF USE
These terms ("Terms of Use") govern your use of www.piggyback.com
(the "Site"). This Site is made available to you by Piggyback
Interactive Limited ("Piggyback"). By accessing this Site, you
agree to these Terms of Use.
The Site comprises materials, strategy guide sample page downloads and information
on strategy guides and computer and videogame products (collectively, the
"Materials") as well as access to various services at the Site
such as the user to user forum area, competitions, newsletters and the Ebook
download service (collectively the "Services") for your use subject
to the terms and conditions outlined in these Terms of Use.
Piggyback reserves the right to change the Terms of Use periodically and
at its sole discretion. Please check these Terms of Use periodically to
ensure that you are happy with the changes as your use of the Site will
be subject to the most recent version of the Terms of Use posted on the
Site at the time of such use. In addition, when using particular Services
or Materials on this Site, you may be subject to additional terms and conditions
which are applicable to such Services or Materials in addition to these
Terms of Use. All such terms and conditions are hereby incorporated by reference
into the Terms of Use. If you breach any of the Terms of Use, your authorization
to use this Site will automatically terminate and you must immediately dispose
of any Materials downloaded or printed from the Site.
COPYRIGHT
This Site, and the Materials and Services on this Site are protected
by copyright and/or other intellectual property rights and any unauthorized
use of the Materials or Services at this Site may violate such intellectual
property rights. Unless otherwise stated, Piggyback (or our licensors) own
all intellectual property rights in and to the Site, the Materials and Services.
Except as expressly provided herein, neither Piggyback nor its licensors
grant any rights to you with respect to the Site, Materials and/or the Services.
Subject to the licence below, all intellectual property rights in the Site,
Materials and the Services are reserved.
Except as specifically permitted herein, no portion of the Site, Materials
or Services (including without limitation any information or strategy guide
sample page downloads on this Site) may be reproduced in any form or media
or by any means without the prior written permission of Piggyback.
The trademarks, logos and service marks ("Marks") displayed on
this Site are the property of Piggyback or other third parties. You are
not permitted to use the Marks without the prior written consent of the
owner of the Marks. Piggyback and the Piggyback logo are trademarks of Piggyback
Interactive Limited.
LIMITED RIGHT TO USE
Except as otherwise indicated elsewhere on this Site and subject to any
additional terms specified in relation to particular Materials on this
Site, you may download Materials to your computer, print Materials once
and use such Materials (and any print out of such Materials) solely for
your personal, non-commercial, non-exclusive, non-transferable use.
You may not otherwise copy or reproduce any Materials (or any part thereof)
in any other form or media other than with the explicit written consent
of Piggyback. You are not permitted to rent, lease, loan, sell, distribute,
transfer, assign, sublicense, communicate to the public, publish, modify
or create derivative works from, or otherwise exploit any Materials (or
any part thereof). You agree not to remove or modify any proprietary notices
contained on or in any Material.
Without prejudice to the generality of the above, you are not entitled
to download or print Materials, or extracts from it, in a systematic or
regular manner or otherwise so as to create a database or compilation
in electronic or paper form comprising all or part of the Materials. If
you do so in contravention of this clause, you agree that Piggyback shall
own all rights in or to such database or compilation and hereby assign
to Piggyback any and all rights that you may have in or to any such database
or compilation.
YOUR CONTRIBUTION TO THE SITE
In respect of any material that you post on the Site (other than your
registration details which you submit via the Site), you grant Piggyback
an unrestricted, irrevocable, exclusive, royalty-free, worldwide licence
to use, reproduce, display, perform, modify, transmit and distribute those
materials or information in any form or media together with a right to
sub-license such rights. You also agree that Piggyback is free to use
any ideas, concepts, know-how or techniques that you send us for any purpose.
You must not use the Site in any way that causes, or may cause, damage
to the Site or impairment of the availability or accessibility of the
Site. You must not use the Site in any way which is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent
or harmful purpose or activity. You must not use the Site for any purposes
related to marketing without Piggyback's express written consent. You
must not use the Site to copy, publish or send mass mailings or spam.
You must not use the Site to copy, publish or send material which is illegal
or unlawful, or material which could give rise to legal action under English
and other applicable law. No material which you copy, publish or send
via the Site may be defamatory, obscene, indecent, hateful, discriminatory
or inflammatory; infringe any person's intellectual property rights or
rights of confidence, impinge upon any person's privacy, or constitute
incitement to commit a crime or be misleading, sexually explicit, threatening,
abusive, harassing or menacing.
Piggyback reserve the right to edit or remove any material posted upon
the Site. Piggyback may take such action as Piggyback deem appropriate
to deal with the posting of unsuitable material, including suspending
or cancelling your account, restricting your access to the Site, or commencing
legal proceedings against you.
USE AND PROTECTION OF PASSWORD
If you have a Password for this Site, you are responsible for maintaining
the confidentiality of your password. You are responsible for all uses
of your account, whether or not actually or expressly authorized by you.
You undertake to keep the password confidential and not to share such
password with any third party.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY AGREED BY PIGGYBACK IN WRITING OR OTHERWISE REQUIRED
PURSUANT TO APPLICABLE LAW, THE SITE (AND ALL MATERIALS AND SERVICES ON
THIS SITE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, PIGGYBACK MAKES NO WARRANTY THAT (i) THE
SERVICES AND MATERIALS WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iii) THE
SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, OR BE COMPLETE, ACCURATE
OR UP TO DATE.
IN NO EVENT WILL PIGGYBACK OR ITS LICENSORS OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS OR AGENTS OF ANY OF THEM BE LIABLE TO YOU OR ANY THIRD PARTY
FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, PUNITIBE OR
EXEMPLARY LOSS OR DAMAGES OF ANY KIND, OR (II) ANY LOSS OF USE, DATA OR
PROFITS, INCOME, GOODWILL, CONTRACTS IN EACH CASE WHETHER ARISING IN CONTRACT,
TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PIGGYBACK OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS OF USE.
Nothing in these Terms of Use shall exclude or limit Piggyback's liability
for:
(a) death or personal injury caused by negligence;
(b) fraud;
(c) fraudulent misrepresentation; and/or
(d) any liability which cannot be excluded or limited under applicable
law.
THIRD PARTY SITES
This Site contains links to third-party websites that are not under the
control of Piggyback. Piggyback makes no representations whatsoever about
any other website to which you may have access through this Site. When
you access a non-Piggyback website, you do so at your own risk and Piggyback
is not responsible for the accuracy or reliability of any information,
data, opinions, advice, or statements made on these sites or for the quality
of any products or services available on such sites. Piggyback provides
these links merely as a convenience and the inclusion of such links does
not imply that Piggyback endorses or accepts any responsibility for the
content or uses of such websites.
This Site can be accessed from other countries around the world and may
contain references to Piggyback products and services that have not been
announced in your country. These references do not imply that Piggyback
intends to make available such products or services in your country.
CONFIDENTIAL INFORMATION AND PRIVACY
Please do not submit or send confidential or proprietary information to
or through the Site. Any information or material sent to Piggyback or
posted to or via the Site will be deemed NOT to be confidential (other
than your registration data).
Piggyback will not release your name or otherwise publicise the fact that
you submitted materials or other information to Piggyback unless: (a)
you grant Piggyback permission to do so; (b) Piggyback first notify you
that the materials or other information you submit to a particular part
of the Site will be published or otherwise used with your name on it;
or (c) Piggyback are required to do so by law.
To learn more about how Piggyback protects your personal information,
such as your name and address, please refer to the www.piggyback.com
Privacy Policy.
INDEMNITY
You agree to indemnify and hold Piggyback, and its subsidiaries, affiliates,
officers, agents, licensors, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of content you submit, post
to or transmit through the Site, your use of the Site, your connection
to the Site, your violation of the Terms of Use, or your violation of
any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Piggyback from its
offices within the United Kingdom. By accessing this Site, you and Piggyback
agree that all matters relating to your access to, or use of, this Site
will be governed by the laws of England. Piggyback makes no representation
that materials on this Site are appropriate or available for use in other
locations, and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance
with local laws.
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