PremiumVersions Terms of Service

Last updated June 23, 2009

AGREEMENT AND SERVICES

PremiumVersions is composed of the PremiumVersions Website, www.premiumversions.com, and any other product, or service owned or operated by PremiumVersions. By utilizing any of these properties, you agree to be bound by the terms and conditions detailed herein. The company offers games, and services including, but not limited to, game downloads, online games, game purchases, and game review writing.

PremiumVersions owns the site and services. Your use of PremiumVersions is subject at all times to our Terms of Service. Our Website and service offerings are always evolving, so it is important that you periodically check here. 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 you use or take part in any offering from the company, you agree to review the Terms of Service to become aware of such revisions. 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.

THESE TERMS IN CONJUNCTION WITH OTHER OFFERS

The Terms of Service and any posted rules or instructions regarding a particular game or service, constitutes the entire agreement between you and PremiumVersions regarding your rights and obligations in your use of any PremiumVersions property. If there is a conflict between the Terms of Service and any other rules or instructions posted on or in a PremiumVersions property, the company will resolve the conflict within its sole discretion.

ONLINE CONTENT

"Content" is defined herein as the software, communications, images, sounds, and all the material and information you encounter through PremiumVersions. PremiumVersions provides most of the Content on PremiumVersions Website. However, you bear the entire risk of the completeness, accuracy or usefulness of Content found on PremiumVersions. Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for PremiumVersions.

Proprietary Rights; Copyrights and Trademarks

Much of the Content available on PremiumVersions is owned by PremiumVersions and is protected by copyrights, trademarks, and other intellectual property rights. You will not copy or download any Content from PremiumVersions unless we have expressly authorized you to do so in writing.
You must have the legal right to upload any Content to PremiumVersions 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 PremiumVersions, unless PremiumVersions expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on PremiumVersions can subject you to legal. In the event legal action is taken against you for your acts and/or omissions in participating on PremiumVersions, you agree to indemnify and hold harmless PremiumVersions and 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 PremiumVersions 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. The assurances and commitments in this Section shall survive termination of this Agreement.

Links to Third-Party Sites

PremiumVersions may include hyperlinks to Websites operated by parties other than PremiumVersions including advertisers and other content providers. Those sites may collect data or solicit personal information from you. PremiumVersions 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.

LIMITATIONS ON WARRANTY AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF PREMIUMVERSIONS, PREMIUMVERSIONS SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. PREMIUMVERSIONS, PREMIUMVERSIONS SOFTWARE, PREMIUMVERSIONS' PRODUCTS AND SERVICES, 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. PREMIUMVERSIONS 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 PREMIUMVERSIONS 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 PREMIUMVERSIONS OR ITS LICENSORS IS TO STOP USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT PREMIUMVERSIONS IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY IT OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF PREMIUMVERSIONS SOFTWARE. IN NO CASE SHALL PREMIUMVERSIONS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO PREMIUMVERSIONS FOR THE SERVICE. IN NO CASE SHALL PREMIUMVERSIONS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF PREMIUMVERSIONS, PREMIUMVERSIONS SOFTWARE, OR THE INTERNET. 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, PREMIUMVERSIONS 'S AND PREMIUMVERSIONS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. PREMIUMVERSIONS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH PREMIUMVERSIONS 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 PremiumVersions, you agree to defend, indemnify and hold harmless PremiumVersions and its employees, contractors, officers, directors, and vendors 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 PremiumVersions. PremiumVersions 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 PremiumVersions in that matter. This Section shall survive termination of this Agreement.

OTHER LEGAL TERMS

You agree that these Terms of Service 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 PremiumVersions Terms of Service 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.