TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE APP.
1. User Eligibility.
The App is provided by IndustryMasters and is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use the App.
2. License and App Access.
IndustryMasters grants you a limited personal, nontransferable, non-sublicensable, revocable worldwide license to access and make personal, non-commercial use of the App. You may view and print limited quantities of material from the App that IndustryMasters has expressly permitted on the App, as long as the material is used by you for information only, without further copying, and the material is used only for non-commercial purposes. Any rights not expressly granted by this agreement are reserved by IndustryMasters. From time to time, and without notice, IndustryMasters may establish and change its practices and restrictions concerning the use of the App.
3. Intellectual-Property Ownership and Use.
Any intellectual property associated with the App, including content and the trademarks, service marks, trade dress, copyrights and patents appearing in the App or referenced in it, are the sole property of IndustryMasters or other parties. Any rights associated with any intellectual property are retained by its owner, and are protected by applicable law. This agreement expressly prohibits any use of any intellectual property associated with the App except as specified in Section 2, or as otherwise expressly authorized by IndustryMasters in writing.
Proprietary text, photographic, audio and video material used in connection with the Website and the IndustryMasters Online Service shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. No materials nor any portion of them, may be stored in a computer except for personal and non-commercial use. No proprietary party or licensee shall be held liable in any way to you or to any third party or to any other person who may receive information used in connection with the App or the IndustryMasters Online Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part of them or for any damages arising from any of the foregoing or occasioned thereby.
IndustryMasters games are works of fiction. Any IndustryMasters game that is based on real-world events is only representational and not an accurate depiction of real-world events. You should not rely on the accuracy of any IndustryMasters game for any purpose, and under no circumstances should you seek to imitate any game experience in real life.
4. Restrictions on Use.
The App is protected by United States and international law, including copyright and trademark laws. Your license does not include: any right of resale or of commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the App. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials and must comply with any applicable end-user license agreements. You may not input or upload onto the App any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any system, the App or its contents, or that infringes any intellectual-property rights of IndustryMasters or any third party. Inappropriate inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines.
You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, pornographic, or otherwise offensive material, or engaging in any kind of harassment activity via the App or any website linked to it. You are also prohibited from posting or transmitting any material that improperly impersonates any person or entity or falsely states an affiliation with a person or entity, contains false or misleading information or the private information of any other person, or is for commercial purposes, contains advertising or off-topic messages, or for the purpose of spamming. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials posted or transmitted by you.
5. Product and Service Information.
The App provides users with information regarding current and upcoming IndustryMasters products and services and promotional offers. Product and service descriptions and promotional offers in the App may vary from time to time. Due to differences in equipment and other technical issues, as well as the possibility of typographical error, product and service descriptions and promotional offers may not be complete, current or accurate. IndustryMasters cannot guarantee that any particular product or service or promotional offer displayed in the App will be available at any time or will ever be made available at all. Certain products or services or promotional offers may, without notice, be subject to restrictions, whether as to quantity, minimum age requirements, or otherwise.
6. Your Information and Privacy Considerations.
In order to take advantage of the full capabilities of the App, such as the participation in certain special offerings and promotions, and to receive e-mailed information and announcements, you may be asked to send us information about yourself or others. We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us. If you believe, however, that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information, even if it means that certain of this App's capabilities would therefore be rendered unavailable to you or any other person. We do require, however, that the information you elect to provide to us be true, accurate, current and complete, and we request that you update that information as necessary.
Mindful of the foregoing, and solely for the purpose of patching and updating the App and the IndustryMasters services associated with it, you hereby grant us permission to (a) upload game-file information from the game directory and (b) download game files to you. Data about you or supplied by you may be stored and may reside on our servers. Any communications that you make through the App or instrumentalities associated with it (including, but not limited to, messages solely directed at another player or group of players), may be monitored by our personnel. You consent to the monitoring of those communications and agree that you have no expectation of privacy in them. You acknowledge and agree that we may share information concerning your communications with us and other end-users, as well as your App usage, including play results, with our licensors, licensees and agents. We reserve the right to use "cookies," which are small computer files we would thereby transfer to your computer's hard drive to allow us to monitor App usage. You have the ability to accept or decline cookies, but if you choose to decline cookies, performance of the App might be adversely affected.
Websites linked to the App are likely governed by their own policies. IndustryMasters is not responsible for those policies and expressly disclaims any liability relating to any aspect of any such linked site.
If you request any technical support, you consent to our remote access and review for the express purpose of providing that support and for debugging. You agree that we may communicate with you via e-mail and any similar technology for any purpose relating to the App and any associated IndustryMasters service, as well as services or software that may in the future be provided by us or on our behalf.
Use of the game services associated with the App is available solely to adults and, in their discretion, their minor children. If you are a minor, a parent or guardian must complete the registration process and accept the end-user license agreement and subscription agreement; that person shall thereby automatically accept full responsibility for all your obligations under this agreement. Any person who agrees to the end-user license and subscription agreement shall have automatically represented and warranted to us that he or she is an adult and that he or she shall thereby have accepted this agreement under that condition. Parents and guardians may so accept for minors; however, they shall at all times be liable for the activities of those minors.
7. Disclosure of Content Monitoring.
As an express exception to the foregoing, IndustryMasters reserves the right to disclose information gathered from the App and any IndustryMasters service associated with it if required to do so by law or if done in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, App and IndustryMasters-service benefits, property or personal safety of IndustryMasters, App users or the public. You therefore authorize us to disclose any information about you to effectuate that purpose as we, in our sole discretion, believe necessary or appropriate.
8. No Warranty.
The App, including any content or information contained within it and any linked website, is provided "as is" and "as available." TO THE FULLEST EXTENT PERMITTED BY LAW, IndustryMasters EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limitation to the foregoing, IndustryMasters makes no representation or warranty of any kind as to any linked website or, (a) that there will be no interference with your enjoyment of the App; (b) that information provided to you will fulfill any particular purpose or need; (c) that information is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the App will otherwise meet any specifications, requirements or expectations; (f) that the App will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the App will be accurate and reliable; or (h) that any errors in the content of the App will be corrected.
9. Limitation of Liability.
IndustryMasters shall have no liability for the deletion of any communications or information collected, maintained or transmitted by the App or the failure to store any information, including personalized settings. IndustryMasters shall have no liability with respect to any information posted by users on chat rooms or bulletin boards provided to users at any time.
IN NO EVENT SHALL INDUSTRYMASTERS, ITS AFFILIATES OR EQUITY HOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, OR THE USE OR ATTEMPTED USE OF, THE APP OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.
At any time, and without notice, IndustryMasters may modify, update, or otherwise change the terms of this agreement or the App . You agree that you are deemed to be apprised of, and that you are bound by, those changes, immediately upon the posting of them.
IndustryMasters may, in its sole discretion, terminate your use of the App or cancel or terminate this agreement for any reason, without prior notice. Upon termination or cancellation of this agreement, you will immediately discontinue use of the App. In its sole discretion, and at any time, IndustryMasters may also discontinue providing the App or any part of it, with or without notice. IndustryMasters shall not be liable to you or any third party for any of the foregoing. Sections 3, 6, 7, 8, 9, 10, 11, 12, 13 and 14 shall survive termination of this agreement.
13. Jurisdiction and Choice of Law.
All claims regarding the App shall be governed according to the laws of the Malta, without regard to its conflicts of law principles. Any claim or action arising under this agreement shall be subject to the exclusive jurisdiction of courts in Valetta, Malta. IndustryMasters makes no representations or warranties that materials on the App are appropriate or available for use in any particular location; accessing the App from any territory in which its content is illegal is not permitted or sanctioned by IndustryMasters.
14. Complete Agreement.
This agreement constitutes the entire agreement between you and IndustryMasters with respect to use of the App, superseding any other agreement between you and IndustryMasters with respect to the subject matter of this agreement. Section headings in this agreement are for convenience only and have no legal or contractual effect. If any provision of this agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.