Terms of Service

Last updated November 18, 2009

AGREEMENT AND SERVICES

MGP Enterprises, LLC, referred to herein as (“MGP), is composed of the MyGamesPage Website and any other Website, product, or service owned or operated by MGP. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein, as well as any applicable provisions in our Privacy Policy and End User License Agreement. The company offers games, activities, and services including, but not limited to, game downloads, online games, game purchases, e-greeting applications, browser toolbars, game management utilities, sweepstakes, contests, chat services, message boards, video streaming, affiliate programs, game review writing, affiliate email and newsletter tools, other assorted affiliate and social networking services, and general game content browsing.

MGP and its subsidiaries and affiliates own these sites and services. Your use of MGP is subject at all times to our Terms of Service, Privacy Policy and where applicable, an End User License Agreement. Your Accounts with the company and all of the company’s games, activities, and other services, regardless of when they are added to MGP, are governed by these Terms of Service. Our Website and service offerings are always evolving, so it is important that you periodically check here, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise the Terms of Service, you are hereby on notice that such revision will take effect immediately upon being posted on the Website. Each time End User takes part in any offering from MGP, you agree to abide by the Terms of Service as amended. As with our Privacy Policy, if you do not agree to any of the Terms stated herein, you should discontinue using or participating in any of the company’s Websites, products, and services.

VIOLATION

If you violate our Terms of Service, MGP may issue you a warning regarding the violation, or, in MGP’s sole discretion, immediately terminate any and all Accounts that you have established with the company. You acknowledge that MGP is not required to provide you notice before terminating your account. See the ONLINE CONTENT and ONLINE CONDUCT sections of this document for further detailed information.

THESE TERMS IN CONJUNCTION WITH OTHER OFFERS

The Terms of Service, Privacy Policy, End User License Agreement and any posted rules or instructions regarding a particular game, activity, affiliation service, contest, or sweepstakes constitutes the entire agreement between you and MGP regarding your rights and obligations in your use of any MGP property. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a MGP property, the company will resolve the conflict within its sole discretion.

ACCOUNT REGISTRATION

Accounts (“Account” or “Accounts”) as used herein is defined as the account that results from registering for any service with MGP. When you complete a registration process, you create an Account and you become a Member (“Member”). Your Account allows you to participate in specific services on MGP. To create an account, you must enter an email, username and password. Your email and/or username is your MGP identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts. MGP requires all users to be over the age of 18 and we require all users registering accounts to indicate that they are over 18.

MGP reserves the right to limit the number of accounts a user can establish. This limit may change over time at the company’s discretion.

You are solely responsible for all activity on your account and for the security of your computer system. You should not reveal your password to other users. MGP will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. You agree to indemnify and hold MGP harmless for any improper or illegal use of your account by you. This includes illegal or improper use by someone to whom you have given permission to use your account or whom you have negligently allowed to access your account. Your account is at risk if you let someone use it inappropriately and your account in any of our services is subject to termination if you or anyone using your account violates our Terms of Service. If your account is terminated, you may not join MGP again without our express permission.

BILLING and FREE TRIALS

Trial Subscriptions

For some games and activities, we may offer a free trial subscription. If you accept a free trial subscription, we will begin to bill your account for that game or activity when the free trial subscription expires, unless you cancel your subscription before that time; or if you agree to terms of any other promotion associated with that subscription. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using MGP, even when we offer a free trial subscription. Trial subscriptions may not be transferred at any time to any other user.

Fees Charged By Third-Party Sites And Vendors

We may provide links to other Websites. Some of these Websites may charge separate fees, which are not included in any subscription or other fees that you may pay to MGP. MGP may also provide access to third-party vendors, who provide content, goods and or services on MGP or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your sole responsibility.

Use of Machines, Computers, Scripts

The use of machines, computers, scripts or any automated system on MGP is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. You may only play MGP games with one type, version or copy of browsing software application at any one time. MGP may terminate and permanently disqualify any Members who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by MGP are final.

Proprietary Rights; Copyrights and Trademarks
Much of the Content available on MGP is owned by MGP or our licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from MGP unless we have expressly authorized you to do so in writing.

You must have the legal right to upload any Content to MGP before you do so in writing. You will not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on MGP, unless MGP expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on MGP can lead to the termination of your MGP account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions in participating on MGP, you agree to indemnify and hold harmless MGP and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Export Control Laws

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or MGP Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to MGP any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

User’s Computer Information

When you connect to MGP, we may retrieve information from the computer used to log onto the Service about the computer’s hardware system and any data related to the computer’s operation of MGP Software. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.

Links to Third-Party Sites

MGP may include hyperlinks to Websites operated by parties other than MGP including advertisers and other content providers. Those sites may collect data or solicit personal information from you. MGP does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

Additional Terms and Conditions for Specific Games

When you subscribe to play certain games you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the game specific terms and these terms, MGP will be the final and sole arbiter of any such inconsistencies.

MGP Software

MGP may require that you download software from MGP or its licensors onto your computer (“MGP Software”). MGP grants to you a non-exclusive, non-transferable, revocable, limited license to use MGP Software to play games on our Service. You may not sub-license, or charge others to use or access MGP Software. You may not use MGP Software for any purpose other than that contained within the license granted to you. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from MGP Software. You may not modify MGP Software or use it in any way not expressly authorized in writing by MGP. You understand that MGP’S introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by MGP may vary depending on your computer and other equipment.

NEITHER MGP NOR ITS LICENSORS ARE LIABLE IN CONNECTION WITH YOUR USE OF THE MGP SOFTWARE FOR ANY DAMAGES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

MGP Software may be subject to United States export controls. By downloading MGP Software from MGP, you warrant that you are not located in any country, or exporting MGP Software to any person or place, to which the United States has embargoed goods.

NEWSLETTERS

When you create a customer account with MGP, you will automatically be registered to receive one or more of our newsletters, even if you previously opted out of receiving newsletters at the time you downloaded any game for free trial play. At any time, you may opt-out of receiving these newsletters by selecting the “unsubscribe” link at the bottom of any newsletter or by contacting us at the address indicated in the newsletter.

BETA TESTS

You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.

Closed Beta Tests:

Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you will use all reasonable efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to MGP, and MGP is entitled to, in addition to any other remedies available to it, ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until MGP publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

All Beta Tests (Closed And Open):

As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an “as is” “as available” basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate tokens, experience points, badges, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.

By selecting a “Play” button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) MGP has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) MGP’S Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

CONTESTS AND SWEEPSTAKES

By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. MGP provides rules of participation for certain activities on this site including, without limitation, contests, sweepstakes, and electronic postcards by MGP and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate or are automatically entered into shall govern.

LIMITATIONS ON WARRANTY AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF MGP, MGP SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. MGP, MGP SOFTWARE, MGP’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MGP PROVIDES ITS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MGP WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MGP OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT MGP, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF MGP SOFTWARE. IN NO CASE SHALL MGP OR ITS SUBSIDIARIES’, LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “MGP AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MGP FOR THE SERVICE. IN NO CASE SHALL MGP OR MGP AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF MGP, MGP SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH MGP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MGP’S AND MGP AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. MGP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH MGP AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION

Upon request by MGP, you agree to defend, indemnify and hold harmless MGP and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on MGP. MGP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to MGP in that matter. This Section shall survive termination of this Agreement.

OTHER LEGAL TERMS

You agree that these Terms of Service, including the Game Club and Affiliate Programs, are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the MGP Terms of Service and the MGP Privacy Policy and the End User License Agreement(s) and subsequent MGP’S enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

JURISDICTION

The laws of the State of Washington, excluding its conflicts-of-law rules, govern this Agreement and your use of your Accounts, the Services and Memberships. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with MGP or relating in any way to your Accounts, the Services and Memberships or your use of MGP resides in the courts of Washington, county of King, Seattle location, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Washington in connection with any such dispute including any claim involving MGP or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

INCORPORATION BY REFEFENCE

Insofar as necessary, the terms and conditions of our Terms of Service, End User License Agreement, and Privacy Policies are all incorporated by reference into one another. They are intended to be read together when appropriate.