The Wargamer

21 December 2014


Wargamer Ltd Terms of Use and Legal Restrictions

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.

Wargamer Ltd, ("WARGAMER") provides you access to the Wargamer.com web site (the "Site") and the information and other materials available on and through the Site, subject to your compliance with the terms and conditions set forth below (the "Terms of Use"). If you do not agree with any of the Terms of Use, DO NOT USE THIS SITE. Your continued use of this Site evidences your agreement to be bound by each of the Terms of Use and constitutes a legally binding contract between you and WARGAMER.

THE INFORMATION PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT WARGAMER TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.

WARGAMER
WARGAMER is a web site covering strategy and wargames and the gaming community for over ten years. Our gaming network that is geared to adults (18-34) and teens (13-17). Wargamer Ltd is dedicated to creating a brand source of entertainment covering news, gaming community, editorials, columns. Including information about historical, online, wireless and the computer and table top gaming industry. WARGAMER is dedicated to creating, publishing and broadcasting original material. This Site provides the Wargamer Ltd community with news, features, online games, resources and interactive forums for the full rich WARGAMER experience.

INTELLECTUAL PROPERTY
All text, graphics, multimedia content or other material available from the entry point URL http://www.wargamer.com and pages within that domain and all related code, including but not limited to films, images, text, ideas, graphics, logos, icons, layouts, arrangements, displays, illustrations, audio and video clips, HTML, other mark-up languages, and all scripts and software within this Site ("Material(s)") are the property of WARGAMER and/or its affiliates or licensors and are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by WARGAMER or by other parties that have licensed their Material to WARGAMER. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, transferred, sold, displayed, or in any way commercially exploited in whole or in part except that you may download one copy of the Materials on any single computer for your personal, noncommercial use, and one single permanent copy to be used by you, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You must obtain the prior written consent of WARGAMER for any other use of the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights and the use of any of the Material on any other Web site or computer environment is strictly prohibited.

TRADEMARKS AND COPYRIGHTS
"Wargamer", "MilitaryGamer”, MilitaryGamer”, “MilitaryGamerOnline”, “StrategyGamer”, “The Gamers Net”, “BattleHQ”, Battle Leagues”, “Game Depot”, “Opponents Wanted”, and their respected logos as well as other marks which may appear on the Site ("Marks"), are the service and trademarks of WARGAMER. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written permission of WARGAMER.

Protected under copyright and international treaties. No portion of this Site or the files contained therein may be obtained for other than personal non-commercial use nor may they be reproduced or otherwise redistributed. Violations will be prosecuted to the maximum extent possible under the law and may result in severe civil and criminal penalties.

All other copyrights and products mentioned on WARGAMER are the property of their respective companies. All other copyrights and products mentioned on Site are the property of their respective companies. And WARGAMER makes no claim thereto
.
LINKING TO OTHER SITES AND TRANSACTIONS ON OTHER SITES
This Site contains links to pages on other sites, and those sites may offer products and/or services for sale ("Linked Sites"). You acknowledge and agree that WARGAMER has no responsibility for the accuracy or availability of information provided by Linked Sites. Links to Linked Sites do not constitute an endorsement by WARGAMER of the sponsors of such Linked Sites or the content, products, advertising or other materials presented on the Linked Sites. WARGAMER does not author, edit or monitor these pages or links. You acknowledge and agree that WARGAMER is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on the Linked Sites or resources.

WARGAMER WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE LINKED SITES. WARGAMER IS NOT AND WILL NOT BE RESPONSIBLE FOR: (1) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY; (2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES, OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY'S WEB SITE, PRODUCTS AND/OR SERVICES, YOU RELEASE WARGAMER (AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.

DIGITAL MILLENNIUM COPYRIGHT ACT
WARGAMER respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that WARGAMER directly makes available on the Site. However, if you believe any Material on the Site, either posted by WARGAMER, our users or any other party, is infringing, please contact WARGAMER at the address below. Pursuant to the Digital Millennium Copyright Act, WARGAMER has registered an agent to receive copyright infringement claims.

You may notify WARGAMER of alleged intellectual property rights infringement by contacting our Designated Agent at:

Wargamer Ltd 
150 - L Greaves Lane
Suite 453
Staten Island, New York 10308
legal@wargamer.com

Infringement notices addressed to WARGAMER's Designated Agent need to include the following information so that WARGAMER can locate the Material and properly process the request:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest in the Material;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the Material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use of the Material is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

USER CONDUCT AND SUBMISSIONS
In order to access and use the Site, you agree that you will not: (1) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site; or (2) use WARGAMER's name, URL, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or "spam." For the purposes of this agreement, "spam" has the meaning generally understood among Internet users.

You may not post, upload, or transmit to the Site or to Wargamer Ltd servers any communications, text, graphics or other information (collectively, "Unauthorized Content") that: (1) is obscene, fraudulent, indecent, or that defames, abuses, harasses, or threatens others; (2) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (5) violates the privacy of individuals, including other users of the Site; or (6) violates any applicable local, state, national or international law. Although WARGAMER does not pre-screen user submissions in chat rooms, forums, reviews or otherwise, WARGAMER and its agents retain the right (but not the obligation) in their sole discretion to refuse or move any Materials, information or other content available on the Site.

WARGAMER does not claim ownership of any Materials or information you submit or make available for the Site and you are entirely responsible for everything you upload, post, email or otherwise make available on the Site. Any Materials or other information are not and will not be treated as confidential. In addition, by uploading, posting, emailing or otherwise making available any Materials or other information on the Site, you grant WARGAMER a worldwide, perpetual, royalty-free, fully paid up, non-exclusive license to distribute, reproduce, modify, adapt, publicly perform, publicly display, sublicense, freely assign, create derivative works from and otherwise use and exploit any such Materials or information in any medium now known or hereinafter developed. You also agree that WARGAMER may disclose any such Materials or information to any third party for any reason, including without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, enforce WARGAMER's rights, analyze or respond to third party claims or generally protect WARGAMER and its users.

USER CHAT ROOMS, FORUMS & NEWS SECTIONS:
WARGAMER may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, forums, bulletin boards, discussion forums, message boards, e-mail forums, specialty forums or other forums, and the content of any such Communications. WARGAMER, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

The views expressed by third parties on these pages are not representative of the views of Wargamer Ltd, it's principals, employees or agents or anyone acting under > its direction or control. Wargamer Ltd cannot monitor the content not produced by us and has not reviewed all the third party material published on this site. The Wargamer Ltd reserves the right to edit third party content for length, however Wargamer Ltd does not edit or change the substantive content of third party postings. Wargamer Ltd accepts no liability whatsoever in relation to the content of third party material placed on these pages.

NO WARRANTIES
ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WARGAMER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED SERVICES.

IN ADDITION, WARGAMER DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WARGAMER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WARGAMER) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE SITE.

UNDER NO CIRCUMSTANCES WILL WARGAMER BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WARGAMER, ITS PARENT, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

INDEMNITY
You agree to indemnify and hold WARGAMER and its parent, subsidiaries, affiliates, and their respective officers, directors, agents, partners, sponsors and employees of each 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 to the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another party.

TERMINATION OF THE SITE
WARGAMER reserves the right to withdraw, suspend or discontinue at any time and from time to time any Materials, information, content or services available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice.

WARGAMER may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if WARGAMER believes that you: (1) have breached these Terms of Use; (2) infringed the intellectual property right of a third party; (3) provided any information that WARGAMER is unable to verify or authenticate; (4) uploaded or transmitted Unauthorized Content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.

LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
This Site is controlled and operated by WARGAMER from its offices within the State of New York, U.S.A. WARGAMER makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of New York by WARGAMER.

GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York , as it is applied to agreements entered into and to be performed entirely within New York and without giving effect to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by WARGAMER, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in Richmond County, New York.

SEVERABILITY
If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions.

NO WAIVER
Any delay or failure on the part of WARGAMER to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

RESTRICTIONS ON USE OF MATERIALS
This Site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by WARGAMER and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. All trademarks and logos are owned by WARGAMER or its licensors and you may not copy or use them in any manner.

This site is controlled and operated by Wargamer Ltd from its offices within the United States of America. Wargamer Ltd makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations within the United States or Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software downloaded from this site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported 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 to anyone on the United States Treasury Department's list of Specially Designated National or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, 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.

LINKS TO OTHER WEB SITES
WARGAMER makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-WARGAMER Site, please understand that it is independent from WARGAMER and that WARGAMER has no control over the content on that web site. A link to a non-WARGAMER Site does not mean that WARGAMER endorses or accepts any responsibility for the content or use of such web site.

SUBMISSIONS
Should any viewer of a document on this Site respond to WARGAMER with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and WARGAMER shall have no obligation of any kind with respect to such information. In addition, WARGAMER 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, WARGAMER 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 addition, when submitting ANY content to WARGAMER you automatically grant, or warrant that the owner of such content has expressly granted, WARGAMER the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed unless otherwise stated.

CONTACTING Wargamer Ltd
If you have any questions about these terms of use, the practices of this site, or your dealings with WARGAMER, you can contact: webmaster@wargamer.com or the designated agent's mailing address, listed above.

MISCELLANEOUS
This agreement shall be governed by and construed in accordance with laws of the United States of America without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein, you agree to indemnify WARGAMER for any claims or damages resulting from your failure to abide by these terms and conditions.

MODIFICATIONS
WARGAMER reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by WARGAMER. Any change or modification made by WARGAMER will be effective immediately upon posting on the Site and your continued use of the Site means that you have agreed to accept any changes or modifications made by WARGAMER

Revised:
May 10, 2010