© Copyright 2008
All screens appearing on this Site including graphics, text, design, buttons, logos, most images, and most icons, as well as the selection, assembly, and arrangement, are the sole property of MacGamesArcade.com, and are protected by U.S. and international copyright laws. The content on this Site is only for the purpose of information and discussion and for no other purpose. Any other use, including, modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without MacGamesArcade.com's prior written permission, is strictly prohibited. All software used on this Site is the sole property of MacGamesArcade.com or those supplying the software.
All rights not expressly granted herein are reserved.
MacGamesArcade.com is trade marked or registered trademarks of Inside Mac Games. All other marks, names, and logos mentioned herein are the property of their respective owners.
Some iconic graphics used on the basis of GPL as supplied freely for use by individuals are not covered by this copyright.
Privacy Policy
Macgamesarcade.com respects your personal privacy. This policy covers the following topics:
Which information is collected by Macgamesarcade.com
How your information is used
How and why cookies are used
Registration
Personal information is collected when you register for services on the Macgamesarcade.com website and Mac Games Arcade software. This information is never sold or shared with anyone, under any circumstances. This information is used only by Macgamesarcade.com, e.g. to identify you as a member of a service we offer, or to send you information by email (such as account information or forum subscriptions).
Computer Information
While you use the MacGamesArcade.com website, your IP address and information about your web browser is recorded. This information is used for website statistics, browser and network compatibility, and security.
Opt In - Opt Out
You always may choose not to provide information. Obviously, if you choose not to provide necessary information, we may not be able to process your account or inquiries. If we permit you to update any information that we store about you, we may keep a copy of the previous information for our records.
Newsletters
When you sign up for our newsletter, we need only your email address. We will only use this to inform you special deals, announcements, etc. Your email address will not be sold to any third party. Once you subscribe you can also easily unsubscribe at anytime.
We May Change These Terms
Whether or not you have viewed our terms and conditions of use of this website, or this privacy notice, and whether or not you have chosen to not receive notices from us, those terms and notices will still govern your use of Macgamesarcade.com. We may change this policy at any time to correct technical or typographical errors, to increase your rights and protections or to comply with laws. If we change this policy in a way that reduces your rights or protections or adds new types of disclosures, we will provide notification before such changes would apply to information collected from or about you.
Cookies
A "cookie" is a small amount of information stored on your computer by a website you visit. Cookies can contain personal information, and can be retrieved by the website that stored it on your computer. A cookie cannot be retrieved by a website other than the one that created it.
Cookies are set and retrieved by various services on Macgamesarcade.com. Macgamesarcade.com uses cookies to remember who you are as you move from page to page on the website. If you choose "keep me logged in on this computer", your login information will be stored in a cookie on your computer. No other personal information is ever used in cookies set by Macgamesarcade.com or its services.
Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY
END USER SOFTWARE LICENSE AGREEMENT
THIS IS A LICENSE AGREEMENT ("AGREEMENT") BETWEEN MAC GAMES ARCADE ("MAC GAMES ARCADE"), AND YOU ("LICENSEE" OR "YOU") FOR USE OF THE ACCOMPANYING SOFTWARE AND USER DOCUMENTATION (THE "SOFTWARE"). MAC GAMES ARCADE IS WILLING TO GRANT YOU THE LICENSE TO USE THE SOFTWARE ACCORDING ONLY ON THE CONDITION THAT YOU ACCEPT ALL TERMS IN THIS AGREEMENT.
YOU ACKNOWLEDGE THAT YOU ARE OF THE AGE OF MAJORITY AND HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, MAC GAMES ARCADE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD DISCONTINUE THE INSTALLATION PROCESS.
1. COPYRIGHT. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the MAC GAMES ARCADE or its suppliers.
2. GRANT OF LICENSE. The Software is licensed and not sold to you and its use is subject to this Agreement. Subject to the terms and conditions of this Agreement and in consideration of Your agreement to be bound by this Agreement, MAC GAMES ARCADE grants You a limited, personal, non-exclusive license to reproduce as necessary to install and use the Software in the manner described in the user documentation. You may also distribute copies of the of the Software, provided you do so on a no-charge and non-commercial basis. MAC GAMES ARCADE reserves all rights not expressly granted to You in this Agreement. You agree to pay any sales, use, value added, or other tax or charge imposed or assessed by any governmental entity.
3. PERMITTED USES. You may install and use the Software on a single computer. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and copy of the Software are kept in your possession and you reproduce all copyright and other proprietary notices that are on the original copy of the Software. You may permanently transfer all your rights under this Agreement, provided you give the Licensor prior written notice, You retain no copies, You transfer all of the Software (including all component parts, the media and printed materials and any upgrades) and the recipient reads and accepts this Agreement. Any assignment in derogation of the foregoing shall be null and void.
4. DIGITAL RIGHTS MANAGEMENT AND PRIVACY.
a. If the Software is enabled to provide online features, You may voluntarily submit information to the MAC GAMES ARCADE website such as Your user name, password, address, phone number, email address, or content that You create or access through the Software ("Online Services"). You consent to the MAC GAMES ARCADE Privacy Policy (http://www.macgamesarcade.com/legal/) which provides for the collection, processing, transmission and disclosure of all such information by MAC GAMES ARCADE; this information is transmitted along with the name of the game and Your IP address to MAC GAMES ARCADE servers. MAC GAMES ARCADE will use such information for the purposes of managing and operating the MAC GAMES ARCADE website and providing the Online Services to You. Your use of the Online Services is also subject to the Terms of Service (http://www.macgamesarcade.com/legal/), to which you hereby consent.
b. The Software may include digital rights management technologies provided by the distributor of your copy of the Software. This digital rights management technology may be used to collect personal information from you in order to activate a game in order to prevent unauthorized use. MAC GAMES ARCADE has no control over or liability for any third party digital rights management technology and you should contact the retailer from whom you purchased your copy of the Software for their policies. Where MAC GAMES ARCADE's digital rights management technologies are used, MAC GAMES ARCADE's collection, use, disclosure, and protection of personal information is described in MAC GAMES ARCADE's Privacy Policy. You expressly consent to processing of your personal information, in accordance with the Privacy Policy, in the country in which You reside as well as in other jurisdictions, such as the United States, which may have less stringent laws regarding the processing of personal information. You expressly consent to MAC GAMES ARCADE's use of cookies, clear GIFs, and digital rights management when you use MAC GAMES ARCADE's services or access the game, as described in the Privacy Policy. You also consent to MAC GAMES ARCADE's use of a game updater technology that will automatically search Your computer for previously downloaded MAC GAMES ARCADE games (including the version and time played) so MAC GAMES ARCADE may offer updates and promotional upgrades to you pursuant to the Privacy Policy. For optional updates and promotional upgrades you will be asked if you want the update or upgrade prior to transmission of game information to MAC GAMES ARCADE; for critical updates a notification will appear in the game window. The digital rights management may also disallow or disable access to the Software where MAC GAMES ARCADE has reason to believe it is being used in violation of these terms or where the term of this Agreement has ended.
5. RESTRICTIONS. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials. Except as expressly permitted by applicable law, You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lease, sell, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software. You may not sell, resell, or distribute unlock keys whether purchased from an authorized distributor or generated independently. You may not evade the digital rights management technology, copyright protection, access restrictions or other authorization mechanisms for the Software. You may not electronically transmit the Software from one computer, console or other platform to another or over a network. You may not circumvent any encrypted data protections or gain access to data that is not licensed. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it's destroyed or becomes defective. If this Software allows you to purchases licenses to upgrades and features (new levels, characters, in-game items) at the MAC GAMES ARCADE online store ("Game Items"), all such Game Items, even if licensed at a later date, are part of this Software and subject to this end user license agreement. Accordingly, you may not sell or transfer the Game Items and all such transfer or sale is null and void. Any unauthorized reproduction or modification, distribution, or performance of the Software including any Game Items is strictly prohibited.
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software. This Agreement will terminate automatically without notice from MAC GAMES ARCADE if you fail to comply with any provision of this Agreement. Upon notice of termination, You agree to promptly destroy all of your copies of the Software. All provisions of this Agreement as to warranties, limitation of liability, remedies and damages will survive termination. The parties agree to waive any provisions, procedures and the operation of any legislation to the extent that a court order or approval is required to terminate this Agreement.
7. WARRANTY DISCLAIMER. The Software is provided to You "As Is" and MAC GAMES ARCADE and its suppliers expressly disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice given by MAC GAMES ARCADE, its employees, distributors, dealers, or agents shall increase the scope of the above warranties or create any new warranties.
8. LIMITATION OF REMEDIES.
a. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL MAC GAMES ARCADE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHETHER BASED IN CONTRACT, TORT, OR STATUTE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF MAC GAMES ARCADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
b. IN NO EVENT SHALL THE LIABILITY OF MAC GAMES ARCADE EXCEED THE AMOUNT RECEIVED BY MAC GAMES ARCADE FROM YOU UNDER THIS AGREEMENT OR ONE U.S. DOLLAR ($1.00) IF LICENSOR IS NOT IN RECEIPT OF ANY MONIES FROM YOU.
c. In jurisdictions that do not allow the exclusion or limitation of liability for consequential, special or incidental damages, MAC GAMES ARCADE's liability under this Agreement shall be limited to the maximum extent permitted by applicable law. Nothing in this Agreement limits MAC GAMES ARCADE's liability for fraudulent misrepresentation or for death or physical injury directly caused by MAC GAMES ARCADE's negligence.
d. MAC GAMES ARCADE shall have the right to obtain injunctive or administrative relief in any court of competent jurisdiction or through any administrative authority having jurisdiction over a party in the event of a breach of the terms of this Agreement.
9. EXPORT CONTROL. The Software and related technology are subject to Canada and U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required.
10. GENERAL. This Agreement will be governed by the laws of Calgary, Aberta, Canada, without regard to or application of conflicts of law rules or principles. The Federal and Province Courts located in Calgary, Alberta, Canada shall have sole jurisdiction over any disputes arising hereunder and the parties hereby submit to the personal jurisdiction of such courts. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. In the event any proceeding or lawsuit is brought by MAC GAMES ARCADE or You in connection with this Agreement, the prevailing party in such proceeding or lawsuit shall be entitled to receive its costs, expert witness fees and reasonable attorney's fees, including costs and fees on appeal. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof, unless the waiver is in writing by You or an authorized agent of Licensor, be taken or held to be a waiver of the provision itself. This Agreement is the complete and exclusive statement of the agreement between MAC GAMES ARCADE and You which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified except by a subsequently dated written amendment or exhibit signed by both parties by their duly authorized representatives. You represent that You have entered into this Agreement of Your own free will and that You are above the age of minority at the time You agree to this Agreement or that Your legal guardian consents to these terms on Your behalf.
THE SOFTWARE IS PROTECTED BY CANADA AND UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Copyright © 2008 MAC GAMES ARCADE AND INSIDE MAC GAMES, INC. All Rights Reserved.
Protected by copyright and licenses restricting use, copying, distribution and decompilation. MAC GAMES ARCADE is a trademark of Inside Mac Games, Inc.
Apple, Mac, Macintosh, Mac OS X, and the Mac logo are copyright Apple, Inc.