Atari Terms of Service
Last updated October 9, 2012
These Terms of Service (the "Agreement ") set forth the terms and conditions that apply to your use of the Atari web sites, mobile applications, social applications, and the services and materials therein offered to you by Atari, Inc. (the "Service"). By using the Service, you agree to the terms of this Agreement as if you had signed it. If you do not agree to be bound by this Agreement, you must discontinue your use of the service.
1. Restrictions on Use
As part of the Service you will be provided with information, chat rooms, links to other web sites and other services that Atari may decide to offer, subject to these Terms of Service. Atari may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to restricting, (i) the time of availability, (ii) the availability and/or scope of the Service for certain platforms (i.e. computer types and operating systems), (iii) the amount of use permitted, and (iv) restricting or terminating any user's right to use and/or participate in all or part of the Service, at any time in Atari's sole discretion and without prior notice or liability.
2.1 "Content" includes the games, software, communications, any graphics (including textures, skins, and modules-e.g. rides, cars, buildings, etc.), sounds, music, video, audio, text and all other material and information uploaded or made available by Atari, you or any other user on the Service. Content is derived in whole or in part from material supplied and owned by Atari and other sources. This material is protected by copyright, trademark and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works or distribute Content from the Service without the express authorization of Atari. You may, however, download Content from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Content in accordance with all restrictions applicable to your use of the Service in general. In the event you download content from the Service, the Content is licensed to you by Atari which does not transfer title to you. Atari does not pre-screen all Content available on the Service and does not assume any responsibility or liability for Content provided by users of the Service or by third parties. Atari reserves the right to remove at its sole discretion Content for any reason. Neither Atari nor its affiliates assume any liability for failure to remove, or delay in removing Content.
2.2 The Service may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") that may require you to pay a fee using "real money" to obtain the Virtual Currency. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Atari for “real money” or for Virtual Currency. Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Atari or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is final and is NOT REFUNDABLE, exchangeable, transferable, except in Atari's sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
Atari retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.
5.1. By uploading Content, inputting data, or engaging in any other form of communication (a "Communication") through the Community Areas and the Service you are granting Atari a royalty-fee, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication will be subject to any obligation of confidence on the part of Atari. You waive and relinquish any "moral rights" that may exist in any Communication, and agree not to assert any moral rights in any Communication.
5.2. Downloadable Software License Terms. Any software that you may download from this Site or Service ("Downloaded Software") is the copyrighted work of Atari and/or its licensors. Use of Downloaded Software is governed by the terms of any end-user license agreement that may accompany the Downloaded Software. The following terms apply to your use of Downloaded Software (to the extent not inconsistent with any accompanying end-user license agreement): (a) Atari hereby grants to you a personal, non-exclusive, non-transferable, limited license to use the object code version of the Downloaded Software solely on your single personal computer; (b) Downloaded Software is provided strictly on an "as-is" basis, without any warranties of any kind, whether expressed or implied, including without limitation any warranties of merchantability, fitness for a particular purpose (even if Atari has been informed of such purpose), non-infringement or compatibility with your computer hardware or software; (c) Atari has no liability of any kind or nature in connection with your use of the Downloaded Software (including liability for any consequential or incidental damages), and the entire risk of use (including without limitation any damage to your computer hardware or software) resides with you; and (d) your license to use the Downloaded Software will terminate automatically and without notice in the event that you violate any of these license terms.
6. Content in the Community Areas and on the Service.
Communications posted in the Community Areas and through the Service are provided by users who are unaffiliated with Atari, and the user providing each such Communication is solely responsible for its content. In using the Community Areas or receiving e-mail messages through the Service, you should not assume that such messages have been reviewed by Atari, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstance will Atari be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mail, or otherwise transmitted via the Service.
7. Personal Safety
When using the Service, please be certain that anything that you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
Atari is pleased to hear from users and welcomes your comments regarding Atari’s programs and services. Atari’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Atari’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while Atari values your feedback, Atari must ask that you do not send original creative materials. [This is covered in 5.1]
9. Dealing with Merchants
Your correspondence or business dealing with, or participation in promotions of merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Atari will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
10. Disclaimer of Warranties
ATARI HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER ATARI, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATARI AND ITS BUSINESS PARTNERS (E.G., ATARI’S THIRD PARTY PUBLISHING AFFILIATES (AS DEFINED BELOW), CONTRACTORS, AGENTS, AND/OR VENDORS (COLLECTIVELY, THE “BUSINESS PARTNERS”)DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ATARI AND ITS BUSINESS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATARI AND ITS BUSINESS PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information and the completeness, accuracy and usefulness of any Content found on the Service. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided. You acknowledge and agree that your use of the Service, and any information sent or received in connection with that use, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
11. Limitation of Liability
IN NO EVENT WILL ATARI, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS, OR OTHER BUSINESS PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, ATARI REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF ATARI OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ATARI, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS, OR OTHER BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless Atari, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Content or other material uploaded, posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; and (c) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
Atari may, in its sole discretion, terminate your use of the Service, or remove and discard any communication transmitted by you or information stored, sent, or received via the Service without prior notice and for any reason. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Atari may be entitled in law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Atari and its licensors. Sections 3, 4, 5, 10, 11, 12, 13, 14, and 16 through 22 will survive any expiration or termination of this Agreement.
Atari, and the Atari and Fuji logos are trademarks of Atari Interactive, Inc., and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Atari or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.
Wii, Nintendo DS, Game Boy Advance, and Nintendo GameCube are trademarks of Nintendo. © 2006 Nintendo.
"PlayStation", "PLAYSTATION", "PS" Family logo and "PSP" are registered trademarks of Sony Computer Entertainment Inc. PSP® system - Internet connection and Memory Stick Duo™ may be required (sold separately). PlayStation®3 - Online access requires broadband Internet service and a wireless access point or LAN. Certain limitations apply to Wi-Fi connectivity. User is responsible for Internet service fees. Online play requires internet connection and Memory Card (8MB) (for PlayStation 2) (each sold separately). The Online icon is a trademark of Sony Computer Entertainment America Inc.
Microsoft, Xbox, Xbox 360, Xbox LIVE, and the Xbox logos are trademarks of the Microsoft group of companies and are used under license from Microsoft.Windows and the Windows Vista start button logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and "Games for Windows" and the Windows Vista start button logo are used under license from Microsoft.
16. Child Online Protection Act Notification
17. Infringement Policy
Atari, pursuant to 17 U.S.C Section 512 as amended by Title 11 of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Atari accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Atari has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Atari in written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement.
475 Park Avenue South
New York, NY 10016
In addition, any written notice regarding any defamatory or infringing activity, whether of copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to mail address.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Atari reserves the right in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, or feature of the Service. Such amendments, modifications, additions or deletions will become effective upon notice of that action, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you will constitute your binding acceptance of any such amendments, modifications, additions or deletions.
19. Export Control Information
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote the Atari Service and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by Atari from its offices within the state of New York, United States of America. Atari makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that the local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TECHNICAL SUPPORT (U.S. & CANADA)
Help Via the Internet
Up-to-the-minute technical information about Atari products is generally available 24 hours a day, 7 days a week via the Internet at: support.atari.com
Through this site you’ll have access to our FAQ (Frequently Asked Questions) documents, our FTP (File Transfer Protocol) area where you can download patches if needed, our Hints/Cheat Codes if they’re available, and an email area (CustomerSupport@atari.com) where you can get help and ask questions if you do not find your answers within the FAQ.
All customer support requests are handled via email. No telephone support requests will be accepted.
Note: In the event we must send you an FAQ document, patch or update via email, we may require verifiable consent from a parent or guardian in order to protect children’s privacy and safety online. Consent Forms are available at the customer support web site listed above.
21. Third-Party Publishing Affiliates
You acknowledge and agree that the terms and conditions of Atari’s publishing affiliates such as Zynga, Inc., Apple, Google, and/or your mobile carrier (as applicable) (“Third-Party Publishing Affiliates”) may also apply to your use of the Service. Notwithstanding anything set forth in the Agreement to the contrary, you recognize the rights of Third-Party Publishing Affiliates in and to the Service and acknowledge that Third-Party Publishing Affiliates are third party beneficiaries of the Agreement, with the right to enforce the terms of this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflict of law. . You agree to first bring any case relating to a dispute hereunder to be decided before one arbitrator in final, binding, non-appealable arbitration in New York, NY under the rules of the American Arbitration Association. Each party shall divide the costs equally of such arbitration and in the event the arbitrator decides the arbitration fees would be hardship on you, the arbitrator may allow for Atari to pay 100% of the arbitration fees (not including your attorneys’ fees, which much be borne by you). You may also participate in the arbitration by phone if you are unable to come to New York. You agree to bring any case hereunder individually and not as a member of any class or part of any type of class action case. YOU UNDERSTAND THAT EXCEPT FOR THE OBLIGATIONS SET OUT IN THIS SECTION, YOU WOULD HAVE A RIGHT TO A TRIAL BY JURY AND YOU HEREBY WAIVE SUCH RIGHT. An arbitration award hereunder may be enforced by any court of competent jurisdiction. Notwithstanding anything to the contrary herein, you agree that Atari may bring an action relating to its intellectual property rights, including an injunction related to such rights, in any court of competent jurisdiction without using the arbitration mechanism herein. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Atari to provide the Service. You may not assign any of your rights, obligations or privileges without the prior, written consent of Atari. Any assignment of the foregoing other than as provided for in this section under this Agreement will be null and void. If any provision of this Agreement will be unlawful, void, or for any reason unenforceable then that provision will be deemed severable from this Agreement, will be enforced to the fullest extent allowed by law as to affect the intention of the parties, and will not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire Agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior or contemporaneous communications and proposals whether oral, or written, between the parties with respect to the subject matter of this Agreement, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted under this Agreement will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party or any breach or default under this Agreement will be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, or sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.