2. ADDITIONAL TERMS
3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices, agreements and other information concerning the Website electronically. If you no longer agree to receive notices electronically, you must cease using the Website.
4.1. General data of visitors of the Website
When you visit the Website, our servers automatically save your computer's IP (internet protocol) address, the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site. IP addresses will be collected along with information about the actual webpages that you visit on the Website. If you arrived at the Website via a link from another website, the URL of the linking website and the website that you might link to next will also be collected. Retro Games does not intentionally collect personal data such as your name, address or telephone number.
4.2. Cookies and web beacons
(a) operate and improve offerings through the Website;
(b) help authenticate you when you are on the Website;
(c) remember your preferences and registration information, as the case may be;
(d) present and help measure and research the effectiveness of Retro Games offerings, advertisements, and e-mail communications and;
(e) customize the content and advertisements provided to you through the Website.
4.2.2. We also use third party advertisements on Retro Games to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
DoubleClick DART cookies
We also may use DART cookies for ad serving through Google's DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (”interest based targeting”). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses “non personally identifiable information”. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting http://www.doubleclick.com/privacy/dart_adserving.aspx
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.
4.3. Email addresses
4.3.1. We only collect those email addresses that were provided to us directly by the addressee or when it is beyond doubt that the addresses were provided to or on behalf of us.
4.3.2. Email addresses will only be used for the purposes for which the email addresses were provided and for those promotion-, service- and other purposes that you expressly approved of.
4.3.3. Without your approval we shall not use your email address for any purposes.
Retro Games does not sell, rent or lease its users lists to third parties. Retro Games may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal data is not transferred to the third party.
5. CHANGES TO THE WEBSITE
We may discontinue or change any service or feature on the Website at any time and without notice.
6. ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use the Website. If you access the Website through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Website through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Website through any wireless or other communication service.
7. YOUR RESPONSIBILITIES
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Retro Games and its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
8. NO SPAM
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
9. LICENSE TO USE THE WEBSITE
10. AGE RESTRICTIONS
Retro Games requires users to the Website to be 14 years or older unless they are accompanied by a parent or guardian who is directly supervising them. By using the Website you confirm that you are 14 years of age or older or that if you are under 14 years of age you confirm that you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age please do not access the Website without your Parent or guardian directly supervising you. You agree that if your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing the Website or services that you will not allow or assist, knowingly or unknowingly, children under 14 years old to access the Website or services except while directly supervised by a parent or guardian. You agree that if you do allow or assist children under 14 years old to access the Website without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that under no circumstances including, but not limited to, negligence neither Retro Games, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site by users under 14 years of age, even if such party has been advised of the possibility of such damages.
11. PROPRIETARY RIGHTS
The product names used in this web site are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.
We own the intellectual property rights to the design of and the information on the Website, including the look and feel of our color combinations, button shapes, and other graphical elements on the Website. Such intellectual property is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.
Proprietary rights to the games
We own the proprietary rights to a some games on the Website and for certain games we requested and obtained permission from the copyright holders known to us. Some games may be used under special conditions, considering a number of prerequisite constraints. These prerequisite constraints are, as far as we could determine, met by Retro Games. We do not change anything in the source code of the games. For example, credit holders, brand names, or reference to websites remain unchanged.
12. CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If in your view any copyright or other intellectual property right (“IP right”) that you may have is being infringed by/on this Website, please inform us of hereof immediately.
13. THIRD PARTY SITES; ADVERTISERS
The Website may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
13. DISCLAIMER OF WARRANTIES
We provide the Website as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Website. Retro Games is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Website and all software, content and services distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Website will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the Website, including any support services, will be effective, reliable, accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of Retro Games shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
14. LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. In no event shall our liability, or the liability of our parent and our suppliers for any and all claims relating to the use of the Website exceed the total amount of service fees that you paid us during a one-year period for the specific service at issue. We, our parent, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
16. INTERNATIONAL USE
We make no representation that Content on the Website is appropriate or available for use in locations outside the Russian Federation, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the Russian Federation, you do so on your own initiative and you are responsible for compliance with local laws.
17. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
18. SEVERABILITY AND INTEGRATION