terms.html

Web Site Terms and Conditions of Use

1. Terms

PlayerMatching ("PlayerMatching," "we" or "us") is pleased to provide this website for your personal use and enjoyment.  The website, including the content found on it, and any other features, services, tools, applications, or materials offerred by us from time to time in conjunction with the website and our business are referred to collectively as the “PlayerMatching Services.”

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, your remedy is to stop using the site. The materials contained in this web site are protected by applicable copyright and trade mark law.

These Terms of Use are effective as of 12/22/2010. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

We are based in the United States.

2. Use License

  1. Permission is granted to access and make personal, non-commercial transitory viewing and use of the PlayerMatching services. This is the grant of a license, not a transfer of title, and under this license you may not:
  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. reproduce, duplicate, distribute (including by way of email, facsimile or other electronic means), publish, modify, copy, translate, broadcast, distribute, perform, display, sell, or transmit the PlayerMatching Content unless you have obtained the prior written consent of PlayerMatching or unless it is expressly permitted by PlayerMatching on a Site. The PlayerMatching Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the PlayerMatching Content, unless you have obtained the prior written consent of PlayerMatching. This prohibition applies even if you intend to give away the derivative materials.
  4. attempt to decompile or reverse engineer any software contained on PlayerMatching's web site;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or "mirror" the materials on any other server.
  1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by PlayerMatching at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS 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 SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized PlayerMatching spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You agree to defend, indemnify and hold harmless PlayerMatching and its affiliates, and each of their respective investors, directors, officers, employees, agents, and suppliers, from and against any and all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs), and other losses arising out of or in any way related to or arising from your breach or alleged breach of these terms and your use of PlayerMatching Services.

4. Users Sharing Content and Information

Material That You Post on PlayerMatching. You are responsible for the material, content and information that you post on PlayerMatching.  This includes, but is not limited to, text, data, photos, and videos (collectively, "Your Content"). PlayerMatching does not claim any ownership rights in Your Content, even after you post it on PlayerMatching. In order for us to Use (as defined below) certain types of content, you agree to the following:

a.  You must be, or have first obtained permission from, the rightful owner of Your Content. By submitting Your Content, you represent and warrant that you own Your Content or otherwise have the right to grant PlayerMatching the license provided below, including the license to use and display Your Content; you also represent and warrant that the posting of Your Content is not known to be false or inaccurate by you and does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting Your Content. PlayerMatching will remove Your Content if properly notified that Your Content infringes on another person's rights, and may deactivate your account and/or revoke your username if properly notified that your use of the username infringes on another person's (or business') intellectual property or publicity rights. You understand that PlayerMatching does not guarantee any confidentiality with respect to Your Content, that PlayerMatching takes no responsibility for Your Content, and cannot be held liable for Your Content.

b.  You specifically give PlayerMatching the following permission: you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use, display, reproduce, distribute, modify, prepare derivative works of, perform, or publish (collectively, "Use") Your Content in any media channels, platforms or formats. You also acknowledge that PlayerMatching may sell advertising around Your Content, so long as the placement and messaging of such advertising does not suggest or imply that Your Content is in any way endorsed by or affiliated with the sponsor or its products or services. This Content License to Your Content is perpetual, except that this Content License ends with respect to content you contribute to your personal profile when you delete Your Content or your account (except to the extent your content has been shared with others, and they have not deleted it). By Posting Your Content, you also hereby grant each user of the PlayerMatching Services a non-exclusive limited license to Use Your Content as permitted through the functionality of the PlayerMatching Services and under these Terms of Service.

c.  We encourage and appreciate your feedback or other suggestions about PlayerMatching, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Third Party Posts

Some content posted by users ("User Content") may be offensive, objectionable, unlawful, inaccurate or inappropriate. PlayerMatching does not endorse any User Content, and the User Content does not reflect our opinions or policies. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate. In no event does PlayerMatching assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against PlayerMatching with respect to such User Content.

5. Limitations

In no event shall PlayerMatching or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PlayerMatching's Internet site, even if PlayerMatching or a PlayerMatching authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on PlayerMatching's web site could include technical, typographical, or photographic errors. PlayerMatching does not warrant that any of the materials on its web site are accurate, complete, or current. PlayerMatching may make changes to the materials contained on its web site at any time without notice. PlayerMatching does not, however, make any commitment to update the materials.

7. Links

PlayerMatching has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PlayerMatching of the site. Use of any such linked web site is at the user's own risk.

8. Site Terms of Use Modifications

PlayerMatching may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to PlayerMatching's web site shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.  You agree to submit to the exclusive jurisdiction of the courts located in York County, Pennsylvania.

10. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed our Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The Privacy Policy is incorporated into these Terms by reference, and made a part of these Terms.  We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.  By using this Site and agreeing to these Terms of Service, you agree that your presence on the Site and use of PlayerMatching Services are governed by the PlayerMathcing Privacy Policy in effect at the time of your use.

 

11. Notice and Procedure for Claims of Copyright (or Other) Infringement

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to us by using our contact form.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party.