Mygame.com terms of service for visitors
These terms and conditions create a legal agreement between you (you or your) and Midasplayer.com Limited of 62 Shaftesbury Avenue, London W1D 6LT, a company registered in England under registration number 4534247 (Mygame, we, us or our) in relation to this website www.mygame.com and the services offered through it by us (the Mygame website and the Games). By accessing the Mygame website and/or registering with Mygame as a Member, you agree to these terms and conditions.
If you are not a Member you similarly agree to these terms and conditions each time you access the Mygame website. You can see these terms and conditions at any time by using the link to these terms and conditions on the bottom of the start page of the Mygame website. We can make changes to these terms and conditions at any time in accordance with clause 17(changes to these terms and conditions) and your continued use of the Mygame website shall be deemed irrevocable acceptance of those changes.
If you have any queries relating to the Games you can contact us by email using the dedicated form at http://www.mygame.com/contact.jsp.
If you feel that we have not satisfactorily dealt with your query relating to the Games you can contact the Mygame appeals team by sending an email outlining your query to http://www.mygame.com/contact.jsp and a committee will evaluate and adjudicate on it.
2 registration and membership
To become a Member, you must register and establish an account with us. By registering and establishing an account with us you expressly confirm thatyou will not use the Mygame website for any purpose that is unlawful or prohibited by these terms and conditions.
You undertake to register to become a Member using accurate and current information about yourself.. You agree to only register one account with us. You understand and agree that if you provide inaccurate, misleading or incomplete information to us we will close your account.
You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.
Game rules, scoring, controls and guidelines for all Games can be found at each specific game section. Any questions or comments regarding this information should be sent to the Mygame customer support team using the dedicated form at http://www.mygame.com/contact.jsp.
By registering for the Games, you give your consent to the way we may handle your personal data, as described in this policy and in these terms and conditions.
You should remember that given the global nature of the world wide web, any public posting that you make on the Mygame website (including postings containing personal information) is, of course, accessible by other internet users.
By registering to become a Member, you agree that we can display your username, Game scores and other related information on the Mygame website.
We may from time to time contact you by email. Important notices will be sent to your nominated email address for as long as you are registered with us, but you have the choice to opt-in or opt-out of receiving any promotional e-mails from Mygame at any time by sending an email advising us of this, using the dedicated form at http://www.mygame.com/contact.jsp.
We will retain your personal data only as long as is necessary for the purposes to which you consent under these terms and conditions and then we will delete it from our systems.
We will not be liable to you for any loss that you may incur as a result of an unauthorised person accessing your account, and we accept no liability resulting from its unauthorised use, whether fraudulently or otherwise. As is usual, it is for you to ensure that your account password is kept completely secret.
By opening an account with us, you agree to allow us to access to your account information to investigate complaints and/or other allegations of abuse.
We may monitor the location from which you appear to access the Mygame website and may use techniques which are intended to block access from any jurisdiction from which playing the Games may be illegal or restricted as we may determine in our sole discretion from time to time.
You must comply with the laws that apply to you in the location that you access the Games from. If any laws applicable to you restrict or prohibit you from playing the Games, you must comply with those legal restrictions.
6 operation of the Mygame website
We have the right to withdraw or modify one or more Games or aspects of the Mygame website where we have legal or technical reasons to do so, including (a) privacy, data protection or other legal objections to the content or conduct of the Games, and (b) technical difficulties experienced by us or on the Internet. There may also be times when the Games are not available, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which allows you access to the Games.
7 suspension and termination for breach
We reserve the right to suspend or terminate any Member’s access to the Games if we reasonably believe that they are in breach of these terms and conditions. You are responsible for everything that is done on or through the Mygame website while you are logged into your account with us.
8 responsibility for user uploaded materials
You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately sent, are the sole responsibility of the person from whom such Content originated. This means that you, not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Mygame website. We do not control Content posted on the Mygame website by third parties and therefore we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Mygame website, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we 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 resulting from the use of any Content posted, emailed, transmitted or otherwise made available on the Mygame website.
We will remove user uploaded Content from the Mygame website if we decide in our sole discretion that it is capable of breaching any part of these terms and conditions, or that it may bring the Mygame website into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by Members on the Mygame website and we make no undertaking to do so.
You agree not to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, may incite violence, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- use the Mygame website to harm minors in any way;
- use the Mygame website to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Mygame website;
- remove any proprietary notices from the Mygame website;
- cause, permit or authorise the modification, creation of derivative works, or translation of the Mygame website unless we have first agreed to this in writing;
- use the Mygame website for any commercial purpose or for the benefit of any third party or any manner not permitted under these terms and conditions;
- use the Mygame website for fraudulent or abusive purposes;
- attempt to decompile, reverse engineer, disassemble or hack the Mygame website, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- harvest, scrape or collect any information about or regarding other Members or Members’ accounts, including, but not limited to any personal data or information;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of others;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other players of the Games are able to type, or otherwise act in a manner that negatively affects other users' ability to compete in Games or engage in real time exchanges;
- interfere with or disrupt the Games or servers or networks that provide the Games, or disobey any requirements, procedures, policies or regulations of networks connected to the Mygame website;
- use the Games to intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- use the Mygame website to "stalk" or otherwise harass another; and/or
- place material on, or otherwise use the Mygame website for any business, advertising or commercial purpose (other than to upload a Game in accordance with Mygame’s terms of service for uploaders http://www.mygame.com/upload.jsp or
- use your access to the Mygame website, or information gathered from it, to send of unsolicited email (sometimes known as “spam”).
9 alerting us
If you see anything on the Mygame website which appears to infringe these terms and conditions, please tell us using the "Report Abuse" at http://www.mygame.com/contact.jsp function, or by emailing us at http://www.mygame.com/contact.jsp.
10 disclaimer and release
Subject to clause 13 non-excluded liabilities) to the maximum extent permissible under applicable law, in no event shall we be liable whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability or strict liability or other theory), for any indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer or other device failure or pecuniary loss) arising out of the use or inability to use the Mygame website, including any damages resulting therefrom, even if we have been advised of the possibility of such damages.
Your only right with respect to any problems or dissatisfaction with the Mygame website is to terminate your account and discontinue any use of the Mygame website.
11 intellectual property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Mygame website, other than material which is contributed by Members is owned by or licensed to us. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work from the Mygame website, or any of the material which is found on the Mygame website, unless properly licensed to do so by (a) us, and (b) where material contributed by one or more Members is concerned, by the Member(s) in question.
By submitting any material to the Mygame website, you:
- are representing that you are fully entitled to do so and you;
- grant us a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing and display on the Mygame website in accordance with this Agreement; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
We grant you a limited licence to access and use the Mygame website subject to these terms and conditions. However, this licence does not allow you to make any commercial use or any derivative use of the Mygame website (including any of its individual elements or content).
12 maximum liability
Without limiting clause 10 (disclaimer and release), during any period of twelve months, our aggregate liability to you under these terms and conditions (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the greater of £5.
13 non-excluded liabilities
Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these terms and conditions by you resulting from you accessing the Mygame website.
We reserve the right to assign these terms and conditions and to assign or subcontract any or all of our rights and obligations under these terms and conditions. You may not assign or dispose of your account or these terms and conditions unless we have first agreed to this in writing.
16 entire agreement
These terms and conditions set out the whole of the agreement between us and you concerning the Mygame website and they replace all earlier agreements and understandings with you. A person who is not a party to these terms and conditions has no right to rely upon or enforce any part of these terms and conditions.
17 changes to these terms and conditions
We reserve the right to change these terms and conditions from time to time and will notify you when we post the new version on the Mygame website. We may also ask you to confirm that you agree to the updated terms and conditions and upon acceptance you will be bound by the updated terms and conditions. If you do not actively confirm your acceptance to the updated terms and conditions by selecting “I accept”, your continued use of the Mygame website after we have notified a change to you will constitute your acceptance 30 days after the date of posting (or such later date that we indicate in the relevant posting). If you do not wish to be governed any new version of the terms and conditions, you must notify us of this in writing on or before the date that the new version of the terms and conditions will apply and from that date you must stop using the Mygame website.
If any part of these terms and conditions are held to be invalid or unenforceable by judicial decree or decision, the remainder of these terms and conditions shall remain valid and enforceable.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
20 contact us
You can contact us by email using the dedicated form at http://www.mygame.com/contact.jsp.
These terms and conditions were last updated on 21st of June 2007.