You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you
and any of your owners, employees, partners, independent contractors,
subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms 'ConsoleWarrior', 'ConsoleWarrior.info', 'CW', 'Us,' 'We,' or
'Licensor' includes Off Chart Marketing and our owners, employees, subsidiaries, independent
contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access this website or to purchase products
or services from us.
We do not direct this website to minors, nor do we knowingly collect any personal
information from children under the age of thirteen.
Disclaimers
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE
DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting
from any claims, demands, or actions arising out of or relating to this Agreement
or use of the content or website shall not exceed the amount you have paid to us
for the product or service. In no event shall we be liable for any indirect,
incidental, consequential, special, or exemplary damages or lost profits, even if
we have been advised of the possibility of such damages. You agree that the
foregoing constitutes your sole and exclusive remedy for any breach of this
Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
There is no promise or representation that you will make a certain amount of
money, or any money, or not lose money, as a result of using our products and
services.
Any earnings, revenue, or income statements are strictly estimates. There is no
guarantee that you will make these levels for yourself.
As with any business, your results will vary and will be based on your personal
abilities, experience, knowledge, capabilities, level of desire, and an infinite
number of variables beyond our control, including variables we or you have not
anticipated. There are no guarantees concerning the level of success you may
experience. Each person's results will vary.
There are unknown risks in any business, particularly with the Internet where
advances and changes can happen quickly.
The use of our information, products and services should be based on your own
due diligence and you agree that we are not liable for your success or failure.
Prohibited Uses
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or
otherwise dispose of the content, or any part of it, or share your rights under this
Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes,
but is not limited to, not posting any material or content that is defamatory,
harassing, belongs to someone else, is obscene or pornographic.
You will not provide false or misleading information to us.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or
our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise all copyright and publicity rights you
have in the content, in any manner whatsoever, in any media now known or
which may be created in the future, including in other works and forms not
associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action
against any other party in the event of any breach shall not be deemed a waiver
by us as to subsequent enforcement of rights or subsequent actions in the event
of future breaches.
Privacy Policy
We respect your interest in your privacy and as a result we have created this
informational disclosure.
We collect and use personal information for many purposes, including but not
limited to, billing; product and service fulfillment; to better understand our
customer needs; to provide a better website, products and services; to
communicate with customers and potential customers regarding our products
and services and third party products and services.
Generally, your private information will only be disclosed to our owners,
employees, independent contractors, subsidiaries, partners, affiliates, attorneys,
consultants, business associates, service providers, suppliers and agents, acting
on our behalf or request. This general rule, and disclosures in specific situations,
is more particularly described below.
Information Collected by our ISP
The hosting provider for this Internet site (as with any Internet site) has the ability
to record various information, including domain name, pages accessed, date and
time of access, web browser type and computer operating system, and referring
information, and to disclose this information. This is most commonly done by
providing access to raw server logs. For more information you should perform an
Internet search on 'server logs' or 'raw server logs.' We may have access to our
raw server logs and access reports prepared by our hosting provider.
Financial Information for Billing Purposes
We sell products and services. When sales are made financial information must
be disclosed. This information can include any number of facts you are asked to
provide, but most commonly includes your name, financial / credit card
information, billing address, and email address. Generally, this purchase
information will be provided by you to a third party payment processor and we do
not receive your financial / credit card information.
In the event we do receive financial / credit card information, we will not disclose
it to anyone unless disclosure is required by law or a court order, or unless
disclosure is required to address an issue implicated by the financial transaction.
If you claim that your financial information was used to make a purchase you did
not authorize, details about the financial transaction may be disclosed to law
enforcement and anyone else we deem necessary to address the matter.
Use of eMail Addresses and other Contact Information
An important part of our services includes being able to provide information to
you. As a result, you expressly consent to receiving communications from us via
email, fax, telephone, mail, or any other delivery method.
As a customer you are agreeing to receive information about the product or
service you purchased or the information (e.g. newsletter) you requested.
This may include, but is not limited to, information about
product or service updates, new features, or information we believe you may find interesting.
We may also send you information about other products and services our
company offers.
We will not sell, provide, or transfer your email address to others.
We may allow advertising to our customers, or engage in joint ventures, which
result in your receiving advertisements from selected third parties.
Identification of Purchasers
If you purchase one of our products or services or subscribe to one of our free newsletters, you authorize us to use your
name and identification information in advertising or promotions.
We also use personal information in an aggregate form (i.e., not individually
attributable to you) for business analysis, operational, marketing and other
promotional purposes.
Cookies
Cookies may be used to keep track of referred affiliate commissions and to
monitor access to our website. You consent to any future use of cookies for
testing purposes and the use of cookies for publicly available data to gather
statistics for the purpose of determining which search engines, referring sites,
key words, etc., bring visitors to our website, which pages visitors are most
interested in, what web browsers are used, etc. Various providers may be used
for this purpose. The purpose is to obtain information that will help promote the
website, make the website more interesting and useful to visitors, and to identify
areas where improvement is needed.
Additionally, various third party information suppliers and other entities that
provide information for this website, or for use by us, may use cookies. Examples
include, but are not necessarily limited to billing providers, third party advertisers,
and third party resources we promote.
Disclosure by Necessity
Private information may be disclosed if required by a court order, statute, law, or
regulation.
Information is subject to disclosure to address a claim that you are violating the
terms of any agreement pertaining to your use of your use this website or our
products or services, or rights of any third party.
Information is also subject to disclosure if we believe that disclosure is necessary
to identify, contact or bring an action against someone who may be causing
injury to or interfering (either intentionally or unintentionally) with our rights or
property, your rights or property, other users of our website, products or services,
or anyone else.
As we continue to develop our business, we or our affiliates may sell or buy other
businesses or entities, or we may merge with another company, or be bought by
another company. In such transactions, personal information may be one of the
transferred assets.
Your information may be stored and processed in any country in which we
maintain facilities or conduct operations. By using our website, products and
services, you consent to any such transfer of information outside of your country.
After your account becomes inactive your information may remain in our
databases, computers, and archives, and cannot reasonably be expunged.
Miscellaneous
This Agreement in all respects shall be governed by and construed according to
the laws of the Federal Republic of Germany, to the exclusion of any other applicable
body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into Munich, Bavaria, Federal Republic of Germany. You consent to the
exclusive jurisdiction of the Federal Republic of Germany for any dispute arising from or related to this
Agreement.
You agree that the exclusive venue for any dispute arising from or related to this
Agreement will be a court located in Munich, Bavaria, Federal Republic of Germany.
Should any term of this Agreement be declared void or unenforceable, that term
shall be severed from the Agreement such declaration shall have no effect on the
enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement
between you and us and supersedes any previous communications,
representations, or agreements, verbal or written, related to the subject matter of
this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any
manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only
by amending this Agreement as posted on this website, unless otherwise agreed
to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the
website, unless circumstances require that a change be immediately
implemented. As a condition for this Agreement you agree to periodically check
this Agreement posted at this page.
You agree that your continued use of our product or service after that date will
constitute your consent and acceptance of the amendment.
Date of this Agreement: June 21, 2007