TERMS OF SERVICE
THIS SITE AND THE GAME ARE PROVIDED TO YOU FOR ENTERTAINMENT PURPOSES. THE GAME AND THIS SITE (EXCLUDING THE TOS) ARE A WORK OF FICTION. THE CHARACTERS, ENTITIES AND INCIDENTS PORTRAYED AND THE NAMES USED ON THE SITE AND IN THE GAME ARE FICTITIOUS, AND ANY SIMILARITY TO OR IDENTIFICATION WITH THE NAME, CHARACTER OR HISTORY OF ANY REAL PERSON, REAL PRODUCT OR REAL ENTITY IS ENTIRELY COINCIDENTAL AND UNINTENTIONAL. WHILE SOME OF THE LOCATIONS USED OR REFERRED TO IN THE GAME OR THE SITE ARE REAL AND SOME OF THE INSTRUCTIONS WILL REFER TO GAME PARTICIPANTS UNDERTAKING CERTAIN REAL WORLD ACTIVITIES IN REAL PLACES (SUCH AS, FOR EXAMPLE BUT WITHOUT LIMITATION, TAKING A MODE OF TRANSPORTATION INA REAL WORL CITY, MEETING AN ACTUAL PERSON WHO’S PLAYING A ROLE IN THE GAME, DOWNLOADING THE CONTENTS OF AN EVIDENCE CACHE, APPEARING IN A PUBLIC PLACE IN AN ACTUAL LOCATION AND POSSIBLY INTERACTING WITH MEMBERS OF THE PUBLIC IN THAT LOCATION OR WITH OTHER GAME PARTICIPANTS OR INDIVIDUALS PLAYING CHARACTERS ASSOCIATED WITH THE GAME), THE BACK STORIES, THE "STORY" CONSEQUENCES REFERRED TO IN THE GAME, THE GAME INCIDENTS SURROUNDING THE REAL ACTIONS UNDERTAKEN BY THE ACTUAL GAME PARTICIPANTS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED AS PART OF THE SITE OR THE GAME ARE ALL FICTIONAL AND UNRELATED TO REAL PERSONS (EXCEPT FOR THE GAME PARTICIPANTS), TO REAL PRODUCTS OR TO REAL ENTITIES.
YOU AGREE TO ASSUME ALL RISK, LIABILITY AND EXPENSE ASSOCIATED WITH YOUR PARTICIPATION IN THE GAME OR ANY PARTS THEREOF AND YOU AGREE THAT IF YOU CHOOSE TO PARTICIPATE IN THE GAME, YOU WILL DO SO SAFELY, RESPONSIBLY, AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND THESE TOS. YOU AND ONLY YOU MUST DECIDE WHETHER TO TAKE PART IN A PARTICULAR ACTIVITY ASSOCIATED WITH THE GAME OR TO INTERACT ONLINE, IN THE REAL WORLD, OR IN ANY OTHER MEDIA WITH MEMBERS OF THE PUBLIC OR OTHER PARTICIPANTS IN THE GAME OR INDIVIDUALS RETAINED BY US TO PROVIDE YOU INSTRUCTIONS OR PLAY A CHARACTER IN THE GAME. IF PARTICIPATION IN A PARTICULAR COMPONENT OF THE GAME REQUIRES YOU TO USE PUBLIC OR PRIVATE TRANSPORTATION, OR TO ATTEND GATHERINGS OR ENGAGE IN ACTIVITIES IN PUBLIC PLACES, OR ENGAGE IN ANY PHYSICAL ACTS, YOU MUST VOLUNTARILY DETERMINE WHETHER TO PARTICIPATE IN ANY SUCH GAME COMPONENT OR NOT, WITH THE FULL UNDERSTANDING THAT YOUR PARTICIPATION SHALL BE AT YOUR OWN RISK AND EXPENSE AND THAT DOING SO MIGHT LEAD TO INJURY, DEATH, PROPERTY DAMAGE OR OTHER HARMS OR LOSSES INCURRED BY YOU OR OTHER PERSONS. YOU UNDERSTAND THAT AT ALL TIMES YOU MAY CHOOSE NOT TO PARTICIPATE IN A PARTICULAR COMPONENT OF THE GAME, OR PARTICIPATE IN ONLY A PORTION OF IT, OR THAT YOU MAY STOP PARTICIPATING IN THE GAME OR ANY PORTION THEREOF AT ANY TIME. YOU AGREE TO INDEMNIFY US AND HOLD HARMLESS EACH OF US AND EACH OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES, INJURIES, DEATH, CLAIMS, DEMANDS, FINES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ANY REASONABLE ATTORNEY’S FEES) ("COLLECTIVELY, "CLAIMS") INCURRED OR SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR PARTICIPATION IN THE GAME OR IN ANY COMPONENT PARTS THEREOF OR YOUR VIOLATION OF THESE TOS, ANY APPLICABLE LAWS OR ANY PERSON’S RIGHTS.
The Site and all content contained therein, and the Game and all components thereof (excluding any materials contributed by users of the Site or other Game participants), and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are and will remain our sole and exclusive property, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by us (whether as part of the Instructions, or otherwise), you are not authorized to copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, download, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site or the Game or any component parts thereof. You hereby agree and understand that any unauthorized use shall constitutes an infringement of our copyrights or other proprietary rights and a violation of these TOS.
You understand and agree that anything you post or upload to the Site or any other contributions (including, without limitation, real world contributions) that you make to the Game ("Your Content") may be used by us on the Site and/or in connection with the Game or its promotion, or the promotion of the motion picture titled "The International" as we see fit (including, without limitation, to reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials) in any form, medium, manner or content delivery mechanism now known or hereinafter devised in perpetuity, throughout the universe, on a non-exclusive basis, for any purpose whatsoever, commercial or otherwise, without the requirement of compensation to you or any third party or further consent. By contributing Your Content, you warrant and represent that you have all rights and consents necessary to do so and that by doing so, you are not violating any person’s proprietary, privacy or personal rights or defaming or disparaging or harassing anyone. You agree to indemnify and hold us harmless from for any and all claims, damages, losses, and causes of action arising as a result of Your Content or our use of Your Content as provided herein.
Just as you may be contributing Your Content, other users of the Site or other Game participants may contribute materials to the Site or in connection with the Game. You understand and agree that while we are not undertaking any responsibility in connection with any such user-contributed content, we reserve the right to monitor such content in our sole discretion and to remove, edit, refuse to post or use any such content for any reason or no reason and if necessary (including, without limitation, if required by any applicable laws) to disclose or furnish such content and/or the means and manner of its contribution to applicable third parties.
You hereby expressly acknowledge and agree that any use by you of any content (in whole or in part) accessible via the Site or in connection with the Game (whether such content is provided by us or by any other users) and any actions taken by you in connection with your being provided access to such content and/or otherwise your participation in the Game shall be at your own risk.
As you interact with the Site or participate in the Game, you must remember that you must not at any time: (i) harass, threaten, embarrass or cause distress or discomfort upon any other Site user or Game participant, or any other individual or entity; (ii) transmit, post, state, provide any materials that you control that we, in our sole discretion, consider to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, xenophobic, racially or ethnically-motivated, or otherwise objectionable; (iii) impersonate any person, unless acting in accordance with any Instructions; (iv) disrupt the normal flow of the Game or otherwise act in a manner that negatively affects other Game participants, other Game characters, or the narrative of the Game; (v) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation as part of your interaction with the Site, The Game or other Game participants or Game characters; (vi) intentionally or unintentionally violate any applicable laws; or (vii) invade the privacy or violate any personal or proprietary rights of any person or entity.
The Site may frame, and/or contain links to or advertisements about, web sites that are not controlled by us. We are not responsible for the content of such sites and we deny all liability associated with your use of, and the content on, such other sites or advertisements.
We make no representation that this Site or the Game are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site or participate in the Game from locations outside of the United States of America do so on their own initiative and at their own risk, and are responsible for compliance with all applicable local laws. The Site and the Game is controlled and operated by us within the State of California, United States of America.
You understand and agree that we may, in our sole discretion and at any time, terminate your access to the Site or the Game or to any user account, if any, you may have obtained on the Site. You also understand and agree that we may, in our sole discretion and at any time, discontinue the Site or the Game in whole or in part.
THE SITE AND THE GAME, INCLUDING ANY COMPONENT PARTS THEREOF, ARE PROVIDED "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE GAME DO NOT VIOLATE ANY RIGHTS OF ANY PERSON OR ENTITY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR YOUR PARTICIPATION IN THE GAME. YOU (AND NOT US) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE OR THE GAME AND YOUR INTERACTION WITH OR PARTICIPATION IN EITHER. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR ANY PARTS THEREOF OR YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE GAME OR ANY PARTS THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE WE TAKE PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE, OR THE AMOUNT PAID BY YOU TO PARTICIPATE IN THE GAME, IF ANY.
These TOS shall be construed and enforced in accordance with the laws of the State of California without regard to its conflict of laws principles. YOU AGREE THAT ANY AND ALL DISPUTES OR CONTROVERSIES OF ANY NATURE ARISING OUT OF OR RELATING TO THESE TOS, THEIR ENFORCEMENT OR ARBITRABILITY, OR OTHERWISE IN CONNECTION WITH THE GAME OR YOUR PARTICIPATION IN IT SHALL BE SUBMITTED TO, AND DETERMINED BY, FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). THE ARBITRATION SHALL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES, OR IF THE PARTIES CANNOT AGREE, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE FEES OF THE ARBITRATOR SHALL BE BORNE EQUALLY BY THE PARTIES, PROVIDED THAT THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW. THE PARTIES SHALL BE ENTITLED TO CONDUCT DISCOVERY IN ACCORDANCE WITH SECTION 1283.05 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE, PROVIDED THAT (I) THE ARBITRATOR MUST AUTHORIZE ALL SUCH DISCOVERY IN ADVANCE BASED ON FINDINGS THAT THE MATERIAL SOUGHT IS RELEVANT TO THE ISSUES IN DISPUTE AND THAT THE NATURE AND SCOPE OF SUCH DISCOVERY IS REASONABLE UNDER THE CIRCUMSTANCES, AND (II) DISCOVERY SHALL BE LIMITED TO DEPOSITIONS AND PRODUCTION OF DOCUMENTS UNLESS THE ARBITRATOR FINDS THAT ANOTHER METHOD OF DISCOVERY (E.G., INTERROGATORIES) IS THE MOST REASONABLE AND COST EFFICIENT METHOD OF OBTAINING THE INFORMATION SOUGHT. THERE SHALL BE A RECORD OF THE PROCEEDINGS AT THE ARBITRATION HEARING AND THE ARBITRATOR SHALL ISSUE A STATEMENT OF DECISION SETTING FORTH THE FACTUAL AND LEGAL BASIS FOR THE ARBITRATOR'S DECISION. THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS, PRELIMINARY AND PERMANENT INJUNCTIONS. PRIOR TO THE APPOINTMENT OF THE ARBITRATOR OR FOR REMEDIES BEYOND THE JURISDICTION OF AN ARBITRATOR, AT ANY TIME, WE MAY SEEK PENDENTE LITE RELIEF IN A COURT OF COMPETENT JURISDICTION IN LOS ANGELES COUNTY, CALIFORNIA WITHOUT THEREBY WAIVING OUR RIGHT TO ARBITRATION OF THE DISPUTE OR CONTROVERSY UNDER THIS PARAGRAPH. ALL ARBITRATION PROCEEDINGS SHALL BE CLOSED TO THE PUBLIC AND CONFIDENTIAL AND ALL RECORDS RELATING THERETO SHALL BE PERMANENTLY SEALED, EXCEPT AS NECESSARY TO OBTAIN COURT CONFIRMATION OF THE ARBITRATION AWARD.
If you believe that any content on the Site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10202 W. Washington Boulevard
Culver City, CA 90232
By this notice, we seek to preserve any and all exemptions from liability that may be available under the copyright law, but we do not necessarily stipulate that we are a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
Effective Date: November 13, 2008