TERMS OF SERVICE FOR CEDEGA GAMING SERVICE / TRANSGAMING SUBSCRIPTION SERVICE ('The Service')
Thank you for your interest in the Cedega Gaming Service / TransGaming Subscription Service
By selecting I agree to the Terms of Service, you agree to be bound by the following terms and conditions (the Terms of Service). TransGaming may, in its sole discretion, modify or revise these Terms of Service at any time by updating this posting and informing you by electronic mail or other means. Your continued use of the services after any modifications or revisions to the Terms of Service shall constitute an acceptance of the new Terms of Service.
OWNERSHIP AND COPYRIGHT. You acknowledge that any and all information, content, material, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and/or trade names contained on this website (collectively the Content) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated,TransGaming or its licensors, as the case may be.
TRADEMARKS. Trademarks used in the Service and Content are the properties of their respective owners. Use of any trademarks in the Content does not imply any endorsement ofTransGaming, its Service, or Content by the respective owners of the trademarks.
TRANSGAMING'S OBLIGATIONS. Subject to your compliance with these Terms of Service,TransGaming hereby grants you a personal, non-transferable and non-exclusive license to access and use the Services. As part of your subscription, you will receive a regular newsletter from TransGaming. TransGaming will not share your personal and contact information with any third parties unless you provide your explicit consent that you wish to receive information from such parties. You may unsubscribe from the newsletter by clicking on 'modify account' then 'modify user details' once you have subscribed.
YOUR OBLIGATIONS. You agree to pay the fee applicable to your subscription. You agree to provide legal authorization for debit or credit-card charges, be they monthly, quarterly, bi-annually, or annually. You acknowledge that you cannot obtain a refund for early cancellation of any kind.
MEMBERSHIP: Cedega Gaming Service Memberships are uninterrupted subscription services and provide on-going access to each Member. As a Member, you will receive either six or twelve months of website service and access to Cedega downloads/updates. You will receive two notifications prior to the end of your Membership period to inform you of your pending Membership renewal and account status. You may cancel your Membership at anytime, by cancelling your account via www.cedega.com or via Customer Service at support@transgaming.com. For any issues visit the Support Section at www.cedega.com/support.
You warrant that you are the cardholder of the credit or debit card you provide and the relevant information required for processing charges with said card is valid at all times. You must notify any entity that collects payments from you on behalf of TransGaming of any change of address in a timely fashion. If your debit or credit card expires, you must notify the entity that collects payments from you on behalf of TransGaming of the new expiration date before the previous expiration date has passed. TransGaming reserves the right to levy an administration fee for any credit card or debit transaction that fails.
RESTRICTIONS ON USE. You agree that you will not redistribute the Content in whole or in part for any commercial purpose. You shall not permit, allow or do anything that would infringe or otherwise prejudice the rights of TransGaming or its licensors. You shall not allow any third-party to access the Content via your subscription account. The restrictions set out in these Terms of Service shall not apply to the limited extent the restrictions are prohibited by applicable law.
You acknowledge that software available on this website is licensed pursuant to the terms of an End User License Agreement (EULA). It is your responsibility to ensure your compliance with the terms of the EULA.
SUBSCRIBER CONTENT. This website may contain material submitted by subscribers (Subscriber Content). TransGaming is not responsible for screening or monitoring any Subscriber Content posted on this Site but may do so at its discretion. By submitting content to this Site, you warrant that you have the full right and authority to submit such content and that none of the content is subject to any copyright or other proprietary right of a third party. The Subscriber Content is not reflective of the views and opinions of TransGaming or its licensors, licensees or any of their respective officers, directors, employees or agents. TransGaming may, in its sole discretion, remove any Subscriber Content from the website at any time.
You acknowledge that all forums are public and not private communications, and that therefore others may read your communications without your knowledge. You should refrain from giving out any personally identifying information. Any Content that you post to the website is non-confidential.
You are prohibited from using profane, racist, slanderous language on the website or language that may be deemed to be offensive or unacceptable to others. Any content found to contain language deemed to be unacceptable in a public forum may be removed and your subscription may be suspended or terminated, without notification.
By posting Content you automatically grant TransGaming a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display or otherwise use such Content, except personal information, alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. TransGaming shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by TransGaming in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
LINKS TO OTHER SITES. The TransGaming website contains links to third party websites that are maintained by others (Linked Websites). These links are provided solely as a convenience to you and not as an endorsement by us of the contents of the Linked Websites. In providing links to the Linked Websites, TransGaming is in no way acting as a publisher or disseminator of the material contained on those Linked Websites. TransGaming is not responsible and assumes no liability for the content of such Linked Websites and does not make any representations regarding the content or accuracy of materials on those Linked Websites. If you decide to access Linked Websites, you do so at your own risk. The mention of another party or its product or service on TransGaming's website should not be construed as an endorsement of that party or its product or service.
DISCLAIMER. TRANSGAMINGS WEBSITE, THE CONTENT THEREIN, THE SERVICE, AND ALL OTHER PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED AS IS WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
TRANSGAMING DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE SERVICE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TRANSGAMING IS NOT RESPONSIBLE FOR THOSE COSTS.
LIMITATION OF LIABILITY. Your use of the Service is at your own risk. If you are dissatisfied with the Service, the Content, these Terms of Service or any other TransGamingpolicies, your sole remedy is to discontinue use of the Service.
IN NO EVENT SHALL TRANSGAMING, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU OR ANY SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE, OR INABILITY TO USE THE SERVICE OR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRANSGAMING OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TransGaming assumes no liability or responsibility pertaining to the Content, your use of the website and the Service, or the receipt, storage, transmission or other use of your personal information, by TransGaming or any other parties including, but not limited to, any entity that collects payments from subscribers on behalf of TransGaming.
The Content may not be accurate, up to date, complete or untampered, and is not to be relied upon. You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions.
INDEMNITY. You agree to indemnify TransGaming and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these Terms of Service; (b) the use of your account; (c) your access to or use of this website or any web site to which this website is or may be linked from time to time; (d) your use of, reliance on, or publication, communication or distribution of anything on or from this website; or (e) your violation of any law or regulation.
TERMINATION. TransGaming may terminate your subscription with cause at any time without notice to you. In the event of a breach by you of these Terms of Service, any such termination byTransGaming shall be in addition to and without prejudice to such rights and remedies as may be available to TransGaming, including injunction and other equitable remedies. The disclaimer, limitations on liability, indemnity and termination provisions of these Terms of Service shall survive the termination or expiry of these Terms of Service.
PERSONAL INFORMATION. TransGaming may from time to time, but is not obligated to, monitor your use of the website and collect, store, use personal information about you.TransGaming may from time to time ask you to fill out a survey form. The individual results from surveys and any personal information will not be disclosed to anyone, but you acknowledge that consolidated statistical information may be used publicly, and for that purpose you hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have. TransGaming may publish your name and photograph if you win one of our contests. We will always give you the option to decide not to enter.
GENERAL. These Terms of Service and the use of this website shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You agree to comply with all export control restrictions. The parties hereto are independent contractors. These Terms of Service are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any written agreements withTransGaming that expressly reference these Terms of Service, this is the entire agreement between you and TransGaming relating to the matters contained herein and shall not be modified except in writing by TransGaming.