Last Updated: December 2003
AGREEMENT BETWEEN YOU AND MINESWEEPERS.ORG
The Minesweepers.org Web Site is owned and operated by Minesweepers.org.
The Minesweepers.org Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Minesweepers.org Site constitutes your agreement to all such terms, conditions, and notices.
Consumer Disclosures and Consents for Electronic Information
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If Minesweepers.org requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Minesweepers.org immediately of any unauthorized use of your account or any other breach of security. Minesweepers.org will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Minesweepers.org or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Minesweepers.org reserves the right to change the terms, conditions, and notices under which the Minesweepers.org Site/Services are offered, including but not limited to the charges associated with the use of the Minesweepers.org Site/Services. You are responsible for regularly reviewing these terms and conditions. Your continued use of the Minesweepers.org Site/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Minesweepers.org Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Minesweepers.org Site/Services. Without the advance express written permission of Minesweepers.org, you may not 'meta-search' the Minesweepers.org Site/Services, send, or cause to be sent, any automated queries of any sort to the Minesweepers.org Site/Services, or use the Minesweepers.org Site/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to Minesweepers.org Site/Services to determine how any individual "ranks" on Minesweepers.org Site/Services
LINKS TO THIRD PARTY SITES
The Minesweepers.org Site/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Minesweepers.org and Minesweepers.org is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Minesweepers.org is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Minesweepers.org responsible if the Linked Site is not working appropriately. Minesweepers.org is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Minesweepers.org of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Minesweepers.org Site/Services, you will not use the Minesweepers.org Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Minesweepers.org Site/Services in any manner that could damage, disable, overburden, or impair any Minesweepers.org Site/Service(s) (or the network(s) connected to any Minesweepers.org Site/Service(s)) or interfere with any other party's use and enjoyment of any Minesweepers.org Site/Service(s). You may not attempt to gain unauthorized access to any Minesweepers.org Site/Service, other accounts, computer systems or networks connected to any Minesweepers.org Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Minesweepers.org Site/Services.
The Minesweepers.org Site/Services may contain scores, lists, screen names and/or other ranking facilities designed to enable you to compare your scores with others (collectively, "Score Ranking Services"). You agree to post scores to the Score Ranking Services using only the Minesweepers.org client game software. You agree not to reverse engineer the Minesweepers.org client game software, or to post scores to Minesweepers.org with software or methods other than the client game software.
Minesweepers.org has no obligation to monitor the Score Ranking Services. However, Minesweepers.org reserves the right to review materials posted to a Score Ranking Service and to remove any materials in its sole discretion. Minesweepers.org reserves the right to terminate your access to any or all of the Score Ranking Services at any time, without notice, for any reason whatsoever.
Minesweepers.org reserves the right at all times to disclose any information as Minesweepers.org deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Minesweepers.org's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Score Ranking Service. Minesweepers.org does not control or endorse the content, messages or information found in any Score Ranking Service and, therefore, Minesweepers.org specifically disclaims any liability with regard to the Score Ranking Services and any actions resulting from your participation in any Score Ranking Service. Managers and hosts are not authorized Minesweepers.org spokespersons, and their views do not necessarily reflect those of Minesweepers.org.
Minesweepers.org claims ownership of the materials you provide to Minesweepers.org (including feedback and suggestions) or post, upload, input or submit to the Minesweepers.org Site/Service for review by the general public, (each a "Submission" and collectively "Submissions"). By posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Minesweepers.org permission to use your Submission in connection with the operation of Minesweepers.org, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your screen name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Minesweepers.org is under no obligation to post or use any Submission you may provide and Minesweepers.org may remove any Submission at any time in its sole discretion.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE MINESWEEPERS.ORG SITE/SERVICES
All content and software that is made available to view and/or download in connection with the Minesweepers.org Site/Services, ("Software") is owned by and is the copyrighted work of Minesweepers.org and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Minesweepers.org hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Minesweepers.org Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MINESWEEPERS.ORG SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MINESWEEPERS.ORG SITE/SERVICES AND TO THE INFORMATION THEREIN. MINESWEEPERS.ORG AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MINESWEEPERS.ORG SITE/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE MINESWEEPERS.ORG SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MINESWEEPERS.ORG AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MINESWEEPERS.ORG SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MINESWEEPERS.ORG AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MINESWEEPERS.ORG SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH MINESWEEPERS.ORG SITE/SERVICE. YOU SPECIFICALLY AGREE THAT MINESWEEPERS.ORG IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MINESWEEPERS.ORG IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A MINESWEEPERS.ORG SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MINESWEEPERS.ORG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MINESWEEPERS.ORG SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MINESWEEPERS.ORG SITE/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MINESWEEPERS.ORG SITE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MINESWEEPERS.ORG SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MINESWEEPERS.ORG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MINESWEEPERS.ORG SITE/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MINESWEEPERS.ORG SITE/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Minesweepers.org may establish limits concerning use of any Minesweepers.org Service offered on Minesweepers.org Web Site, including without limitation the maximum number of days that scores will be retained by any Minesweepers.org Service, the maximum number of scores that may be sent from or received by an account on any Minesweepers.org Service, the maximum disk space that will be allotted on Minesweepers.org's servers on your behalf either cumulatively or for any particular service, and the maximum number of times and duration you may access any Minesweepers.org Service in a given period of time.
You agree that Minesweepers.org has no responsibility or liability for the deletion, corruption or failure to store any scores or other content maintained or transmitted by any Minesweepers.org Service. You acknowledge that the features, parameters (for example, the number of submissions available to users) or existence of any Minesweepers.org service may change at any time. You acknowledge that Minesweepers.org reserves the right to sign out, terminate or delete your accounts that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by Minesweepers.org, in its sole discretion. The amount of time that Minesweepers.org currently considers as an "extended" period of time is one year.
MINESWEEPERS.ORG MAKES NO WARRANTY THAT ANY MINESWEEPERS.ORG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
Minesweepers.org reserves the right, in its sole discretion, to terminate your access to any or all Minesweepers.org Site/Services and the related services or any portion thereof at any time, without notice. Minesweepers.org may also terminate or suspend your access to Minesweepers.org Site/Service(s) for inactivity, as set forth, above, in "Storage Space and Other Limitations." Minesweepers.org shall have no obligation to maintain any content.
ADDITIONAL TERMS
Minesweepers.org reserves the right to use numeric codes, global unique identifiers (guids), cookies or other technologies in order to identify specific computers that access Minesweepers.org. This information may be monitored to develop aggregate and anonymous statistics regarding computer use on the Minesweepers.org that may be used for Minesweepers.org operations. Computer identification technology may also be used to enforce the Minesweepers.org Terms of Use.
Term-Based Services
Some contents and/or services on Minesweepers.org may be offered to you conditioned on your purchase of a service term. If you elect to purchase term-based content/services and transmit to Mineweepers.org a term purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all service term fees you incur plus all applicable taxes. You may cancel your account by contacting Minesweepers.org. Term fees are nonrefundable after a period of 60 days. No cancellation of access to free content and/or services is required. Your service term is personal to you, and you may not transfer or make available your user name and password to others, including without limitation your co-workers. Any distribution by you of your user name and password may result in cancellation of your service term without refund and in additional charges based on unauthorized use.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT MINESWEEPERS.ORG IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MINESWEEPERS.ORG, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. MINESWEEPERS.ORG WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO THE MINESWEEPERS.ORG WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO THE MINESWEEPERS.ORG WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Hardware and Software Requirements
In order to receive Required Information electronically from Minesweepers.org, you must have an e-mail address and submit it to Minesweepers.org upon sign-up for any service or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above), Netscape Navigator 6.x (or above) or Mozilla 1.1 (or above) and an e-mail software program capable of sending and receiving e-mail from Minesweepers.org via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from Minesweepers.org via a plain text-formatted e-mail or by access to a Minesweepers.org web site using one of the browsers specified above.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MINESWEEPERS.ORG, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED MINESWEEPERS.ORG A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
YOU MAY UPDATE YOUR E-MAIL ADDRESS BY VIEWING THE WEBSITE AT http://www.minesweepers.org/ AND FOLLOWING THE INSTRUCTIONS WITHIN.