Visitor Agreement
Please read the Visitor Agreement and Privacy Policy carefully before using the Site. By using the Site, you signify your consent to the Visitor Agreement and Privacy Policy. If you do not agree, you are prohibited from accessing the Site.
Important: Many capitalized words (e.g., "Site") are defined terms. See Definitions.
This Visitor Agreement applies to all visitors and users of the Site, whether or not Members. (Members and Subscribers are further governed by the TOS and EULA.)
The Site is owned and operated by Potential Games. Potential Games maintains the Site for your personal entertainment and information. You may download material displayed on the Site for noncommercial, home personal use only, provided you keep intact all copyright, trademark and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit, or distribute in any way the contents of the Site or any Creative Content, including the text, images, audio and video, for public or commercial purposes, without written permission from Potential Games.
1. You should assume that everything you see or read on the Site (including Creative Content) is protected by copyright unless otherwise stated and may only be used according to this Visitor Agreement. Potential Games does not warrant or represent that your use of materials displayed on the Site will not infringe rights of third parties. For example, images are either the property of, or used with permission by, Potential Games. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Visitor Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. Potential Games uses reasonable efforts to include accurate and up-to-date information on the Site. However, Potential Games makes no warranties or representations as to the accuracy of the information. Potential Games assumes no liability or responsibility for any errors or omissions in the contents of the Site.
3. All use of the Site is at your sole risk. Neither Potential Games nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to all users. Potential Games also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Submitted Content and other communications may or may not be monitored by Potential Games or Potential Games agents. You have no expectation of privacy in any such communications, you expressly consent to monitoring of such communications, and you expressly agree to waive any rights of confidentiality that you may have in and to such communications.
5. Any Submitted Content or other communication or material you transmit to the Site, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. All Submitted Content may be used by Potential Games or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Potential Games is free to use any ideas, concepts, know-how, or techniques contained in any Submitted Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
6. Except where noted, the trademarks, and logos, displayed on the Site, are trademarks of Potential Games. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Potential Games or such third party that may own the trademarks displayed on the Site.
7. Potential Games has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your use of any linked pages or other sites outside the Site is at your own risk.
8. The Site may contain links to other websites operated by third parties. Such links are provided for your convenience only. Potential Games does not control such websites and is not responsible for their content. The fact that the Site contains links to other sites does not mean that Potential Games approves of, endorses or recommends those sites, nor does it imply any association with their operators.
Potential Games disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in the Site.
9. RULES OF CONDUCT
You agree not to do any of the following while accessing or using the Site or any Service:
(i) transmit or facilitate the transmission of any communication or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually-oriented, libelous, invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
(ii) impersonate any person or entity, including but not limited to, a Potential Games employee, moderator, representative or agent (or an official, employee, representative or agent of Potential Games affiliates, licensors or licensees), Site or Service administrator, guide, or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) transmit or facilitate the transmission of any communication or content that you do not have a right to transmit, under any law (such as copyright or trademark) or under contractual or fiduciary relationships (such as nondisclosure agreements);
(iv) transmit or facilitate the transmission of any communication or content that contains a virus, corrupted or otherwise manipulated data, Trojan horse, bot, keystroke logger, worm, time bomb, logic bomb, cancelbot or other computer programming routines or other data that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
(v) delete any author attributions, legal notices or proprietary designations or labels that are related to the Game or Service;
(vi) use any communication system (e.g., Game chat, Site forums) in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting (use of all caps), flooding (continuous posting of repetitive text));
(vii) transmit or facilitate the transmission of any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(viii) intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
(ix) transmit or facilitate the transmission of any communication or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(x) transmit or facilitate the transmission of any communication or content which discloses your or any other person's personal information;
(xi) transmit or facilitate the transmission of any content to an email address, messenger address or other location that is not yours or to which you do not have the expressly authorized right to use without securing the prior authorization of such other person or entity; or
(xii) incorporate any part of the Site or Service in any other website or service (including without limitation "framing" and "deep linking") without express prior written permission.
Potential Games retains the right to suspend, terminate, or otherwise sanction your Account and/or Subscription if you violate these Rules of Conduct, as well as to take any other action required or permitted under any applicable laws. Further, you will be liable to Potential Games for all damages (including without limitation reasonable attorneys' fees and expenses) resulting from any third party claim that you have submitted Creative Content or other Submitted Content that infringes any third party trademark, copyright, or other intellectual property rights.
10. Potential Games reserves the right to modify and update this Visitor Agreement at any time by posting the amended Visitor Agreement on the relevant site. The new Visitor Agreement shall be effective immediately upon any such update. You are bound by any such revisions and should therefore periodically visit the relevant site to review the current Visitor Agreement.
Version Date: Sep 21, 2011