I. Terms of Service
Your access to and use of the Midway.com, MidwaySports.net, the game flash sites, and other Midway Home Entertainment Inc. (“Midway”) websites at which these Terms of Service (“TOS”) are posted are subject to the terms set forth below, which we may update from time to time. It is your job to periodically review these TOS for applicable changes. Your use of these sites after we post any changes to these TOS constitutes your agreement to those changes. If you have any questions about these TOS, you can let us know by e-mailing Midway at firstname.lastname@example.org.
II. The Use of Our Web Site by Children
III. Your Registration and User Account
Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently.
You agree to bear sole responsibility for all use of your account and for the confidentiality of your password. To protect your privacy, Midway will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised.
Your account information may be modified or cancelled at any time by sending an e-mail to email@example.com.
IV. Rules of Online Behavior
By accessing, participating on, or otherwise using a Midway website, you agree to the following:
- That you will not post any content that:
- Contains offensive, profane, harassing, defamatory, inappropriate, racist, threatening, infringing, obscene, or unlawful material;
- Contains slanderous or libelous comments about other Midway users, Midway employees, or other individuals;
- Contains personal information about any individual;
- Violates the privacy of any other individual or entity;
- Contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service;
- Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Midway’s system or a third party’s computer;
- Undermines the operation of a forum, chat room, or other feature; or.
- Contains unauthorized copies of third parties’ works.
- You understand and agree that Midway will remove postings that contain objectionable material, spam, or otherwise violates the foregoing terms.
- Use of distribution lists in electronic mail or other mass electronic mailings is subject to the approval of Midway. Any unauthorized use of distribution lists is strictly prohibited, and may be discontinued at the sole discretion of Midway.
- By participating in Midway websites, you agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
- Message boards and other features provided by Midway may not be used for unauthorized electronic commerce. Use of any of our websites features, including but not limited to message boards, for the sale of products or services (including participation in any affiliate program other than that operated by Midway) is prohibited. If, in the sole discretion of
- Midway, you are found to be using Midway websites for any inappropriate commercial purpose, Midway reserves the right to take action to end such activity.
- Unless Midway lets you know otherwise, you may not reproduce, duplicate, copy, sell, or otherwise transfer or commercially exploit any Midway website, or any part of it.
Your use of this site is subject to these TOS, any other terms applicable to the various features of our site, and all applicable laws, rules, and regulations. Midway may terminate your account if we believe, using our sole discretion, that you have violated any of these Terms of Service or any law.
Midway may also, in its sole discretion and at any time, discontinue a Midway website or any part thereof, with or without notice. You agree that you do not have any rights in any Midway website and that Midway will have no liability to you if this site is discontinued or your ability to access it is terminated.
V. Midway Content
All content on Midway websites, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Midway and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Midway subject to license, or subject to the fair use provisions of U.S. trademark law. Users of Midway’s websites are expressly forbidden to misuse any Midway content or any third party content that appears on the website.
You agree not to display or use any Content or third party content located on Midway’s websites, in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Midway, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Midway and/or its licensors, that dilutes the strength of Midway’s or it’s licensor’s property, or that otherwise infringes Midway’s or its licensor’s intellectual property rights.
If you are a trademark or copyright owner and you believe that your trademark rights have been violated in any way, please submit our Intellectual Property Infringement Notification Form, and any questions you might have, to our designated agent, Michael Burke, at Midway Games Inc., 2704 West Roscoe Street, Chicago, Illinois 60618 or at firstname.lastname@example.org. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please email@example.com.
VI. Representations, Warranties, and Acknowledgement
Midway does not endorse and is not responsible or liable for any content on any message boards, chat rooms, or any other content on any Midway website. Midway makes no representations about the reliability of the features of any Midway website, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Midway makes no representations regarding the amount of time that chat rooms (including forums), message board discussions, uploaded files, or any other content will be preserved.
- By posting on message boards, participating in chat rooms, or creating any other content, you will be deemed to have granted Midway a license for the perpetual, non-exclusive distribution of the information or materials worldwide in any form or forum without charge or liability.
- You participate in and/or operate message boards, chat rooms, and/or other Midway websites features at your own risk. If you are unhappy with the content and/or operation of a message board and/or chat room, your only recourse is to contact the webmaster by e-mail at firstname.lastname@example.org. If you are dissatisfied with any feature, operability, content, these Terms of Service, other agreements Midway imposes as a condition of usage, or any other component of the Midway websites, your sole remedy is to discontinue use of the Midway websites.
- By participating in message boards, chat rooms, or any other of the Midway websites’ interactive forums, you acknowledge that you may come across material that you find offensive. Midway disclaims any responsibility for any such offensive material, and all content posted on its web site by third parties. Midway has no responsibility for such content and is merely providing access to such content as a service to you.
- If ordering merchandise and/or services through an area accessible through a Midway website (such as sites of our advertisers or other websites linked to one of the Midway websites) all transaction terms, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. Midway makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inaction of the seller.
- MIDWAY’S WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO MIDWAY’S WEBSITES OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MIDWAY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE A MIDWAY WEBSITE. NOR SHALL MIDWAY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MIDWAY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS MIDWAY WEBSITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL MIDWAY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You acknowledge that Midway has the right to delete any messages, files, or any other content that you may have uploaded to any feature of one of the Midway websites at its sole discretion, including content, messages, files or any other content which has not been accessed for some period of time and is deemed by Midway, in its sole discretion, to be abandoned, or any materials that violate the terms of this or any other binding agreement.
- You agree to indemnify and hold Midway, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
- Both you and Midway acknowledge and agree that no partnership is formed and neither of you nor Midway has the power or the authority to obligate or bind the other.
- This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois.
The service provider of this web site is Midway Home Entertainment Inc. Our registered corporate address is 10110 Mesa Rim Road, San Diego, CA 92121, our corporate identification number is 2363872, and our tax identification number is 36-3933621. Our phone number is (858) 658-9500, and our email address is email@example.com. Midway’s representative for this site, (Director, Online Marketing) is Christian Munoz. Our CEO and official legal representative for the company (referred to in some countries as the publication editor) is David Zucker. Our web hosting service is Midway Amusement Games, LLC, located at 2704 W. Roscoe Street, Chicago, IL 60618, U.S.A., with a phone number of (773) 961-2000.