1. Some General Rules
   • We reserve the right to remove, at any time and without notice, any content from the Service.
     
     
   • Refrain from using inappropriate language, including language that may look, sound like, stand for, hint at, abbreviate, or insinuate profanity, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances or illegal activities.
     
     
   • You must be at least 13 years old to register for the Service. We do not knowingly collect any information from any users under 13 years of age without parent’s permission and signed COPPA form from user’s parents, and if it is found that an underage user has fraudulently registered, their account will immediately be terminated.
     
     
   • Cheating, that affects the forum or related software, of any kind (including by exploiting any bug or error) is expressly prohibited, this includes exploiting any deficiency in our code or design, or in the code or design of any third party product or service used in connection with the Service, to gain an unfair advantage or to gain unearned or unauthorized privileges, access or abilities not clearly intended by the product's design. Communicating information about such activities to others will also be considered cheating.
     
     
   • We reserve the right to contact your ISP regarding any inappropriate activities by you on the Service.
     
     
   • Your subscription to the Service is intended for your individual and personal use only. You may not share, license, sub-license, sub-lease, parse, pass-on or in any other way attempt to share, extend or monetize your access to the Service.
     
     
   • We reserve the right to immediately terminate or suspend anyone who fails to abide by these Additional Terms of Service.
   
   
   
2. Protection of Your Password; Unauthorized Access
   
   Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites where it may be read by the owners or administrators of that site. Accessing or attempting to access any user account not belonging to you without permission is prohibited. Accessing another user's account in this manner is grounds for a permanent ban of all accounts from the site.
   
   
3. Registration Requirements
   
   In order to post messages on our message boards, view boards with level restrictions, and use other advanced services, you must register using a valid e-mail address and follow all required registration confirmation procedures. No posting privileges will be granted until the account is fully activated.
   
   
4. Community Rules
   
   
   The following conduct is not allowed on our message boards, in instant messages, chat rooms, voice channels, user profiles, private messages, feedback forms, reviews, or inside hosted game servers hosted by Atari:
   
   
   • Offensive Material -Users may not transmit or encourage others to transmit material or links to material considered patently offensive in nature. This includes, but is not limited to using vulgar, profane, or sexually explicit language; using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult; using threatening, harassing, and defamatory, hate-speech, or libelous language; and posting, requesting, or otherwise sharing material considered pornographic, obscene, graphic, or hate speech.
     
     
   • Vulgar language or substitutes for such - Our Service is programmed with a list of words that are considered vulgar under any context, and these words are not allowed to be used under any circumstances. Attempting to bypass the censor by misspelling, inserting spaces or symbols, transposing letters, using look-alike symbols, or any other method is not allowed. The only acceptable method of posting one of these vulgar words is to completely obscure it, making it impossible to determine what the word is without context. Additionally, certain words are prohibited from being used in topic titles and user information pages; bypassing the censor to post those words where they are restricted is also disallowed. For example, if "gris" is a banned word, the following are examples of bypassing that are not allowed: g-r-i-s, gr*s, 9|-1$, girs, gryeeeas, g***. Allowed: ****, grizzle, ****ed, ****ing, g'ed, g-word. (Note: Neither -ed nor -ing are parts of the banned word "gris".)
     
     Taking advantage of any limits in the Service's language filtering capabilities is not allowed. Any limits in such filters shall not be taken as permission to bypass rules regarding vulgar language.
     
     
   • Flaming - Communications clearly insulting other users, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: name-calling ("You're an idiot", "You moron"); direct insults and orders ("Screw you", "Go kill yourself"); insinuations ("Are you stupid or something?"); or insults towards family ("Your mom...").
     
     
   • Trolling (Inciting flames) - Messages intended solely to annoy and/or offend other users by going against the clear nature of a board, topic or chat room are not allowed. This includes, but is not limited to: provoking other users to respond with flames; provoking fans of a particular system or game, especially on boards or topics dedicated to that system or game; making misleading topic titles; asking obviously useless questions; and posting false information as fact.
     
     
   • Illegal activity - Communications that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing: illegal copies of copyrighted software; methods of circumventing copyright protection; illegal copies of copyrighted music, movies, videos, or any other type of media; reprints of material from other web sites; or methods of cheating in online games
     
     
   • Advertising - Messages that clearly advertise a service or product are not allowed. This includes, but is not limited to: unsolicited commercial or personal web site advertisements; For-Sale/For-Trade/For-Auction/Wanted notices; "Make Money Fast" scams, chain letters, and pyramid schemes; or any referrer-ID based sites (including both games and free-item marketing sites). Users are allowed to include their web site address in a signature, subject to the approval of a moderator or administrator, request comments on their personal site in a social setting, or provide an interesting or relevant link to another site, provided it does not conflict with Atari, Inc or degrade the general social life of the forums. All advertising is subject to the approval of an Administrator or Moderator on the forums and can be removed at any time without notice. If something is in conflict of whether or not it is advertising it will be decided by a forum Administrator.
     
     
   • Off-topic postings - The main purpose of the message boards and chat rooms within the Service is to provide discussion forums for various video and computer games and their systems. Topicality is expected and will be enforced on all message boards and chat rooms not noted as purely social in nature.
     
     
   • Disruptive Behavior - Behavior that disrupts the Service for other users, intentional or not, are prohibited. This includes, but is not limited to: messages or topic titles that force browsers to scroll horizontally; large blank or content-free messages; "bumping" multiple older topics (posting in them well after the last post); posting multiple identical or near-identical messages or topics, including "fad" posts or topics; intentionally hard-to-read topic titles or posts (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation); posting multiple hard-to-read or nonsensical messages in a single or multiple topics; posting large ASCII art (except in social topics specifically calling for it); or post counting (i.e. "First", "100th Post").
     
     
   • Plot Spoilers - Posting "spoilers" (critical plot details) about games, movies, time-delayed broadcast events, or other media in the title of a topic or in a message without a clear notice is prohibited. To discuss such information in a topic, users should leave the title of the topic as vague as possible, ensuring that no mention of the actual spoiler itself is included, and include a warning (i.e. "SPOILER") in the topic title. In a message post in a non-marked or otherwise unexpected topic, users should leave several blank lines in a post after a warning before revealing any vital plot information. Users should also use the built in forum spoiler tag in their post. More information can be found in the Vbulletin FAQ located in the forum FAQ section.
     
     
   • Flooding, Invading, and Board Wars - Flooding a board or chat room with multiple disruptive topics or messages; invading another board (flooding a board as a group with multiple topics or messages); instigating, participating in, or retaliating in an invasion of a message board or any other online service; announcing or inciting a "war" or any conflict with the regular members of another board is prohibited.
     
     
   • Impersonation - Impersonating other users by creating and/or using a user account with a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another member is strictly prohibited.
     
     
   • Harassment/Stalking/Privacy - Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the Service, with or without use of explicit or implicit threats is strictly prohibited. Posting contact or other private information of any person (Service user or not) is also prohibited.
     
     
   • Drug and Alcohol Discussions – Discussion of any illegal substance or alcohol is forbidden on these boards.
     
     
   • Signature Pictures – Signature pictures have been disabled due to the fact that licensed content in signature pictures has come under attack from other companies. Also, some signature pictures in the past have been inappropriate. This includes manually posting a signature picture in every post.
     
     
   • Spamming – Spamming is characterized by the initiation of threads, posts, or Private Messages, that contribute nothing to the forum, be it off topic or on topic. Examples include: empty bodies, bodies with few words that have no relation to the current thread or discussion, advertising (see above policy on advertising), and those posts that state they are spam, as well as posts made for the purpose of either to annoying a member or increasing a member’s post count.
     
     
   • Avatar and Custom Titles – These are a luxury and abuse of them will result in them being lost. Please note that we only allow five total lines in the signature (that includes any empty lines). If you modify the text size it should not occupy more then the standard 5 lines. For exact pixel size you’ll find details in the warning system violations below. Also note that custom titles should not be used as a location for advertising. Abuse of either of these things will result in the loss of your ability to have an avatar or custom title. Avatar’s and Custom Titles are subject to Administrator and Moderator approval.
   
   
   
5. Multiple Accounts
   
   While it is acceptable for users to maintain multiple accounts, we can and do track all accounts used on the same computer(s), and consider them one account for the purpose of monitoring violations of these Additional Terms of Service. If these Additional Terms of Service are violated severely enough to warrant the termination of one account, all known accounts held by that user and/or all accounts using the same computer(s) may also be banned at the administrators' discretion.
   
   
6. Enjoy Yourself
   
   The board is intended to talk about Atari Products. Community Chat was created to talk about games, life, and much more. You can have a great time posting and we look forward to your feedback.
   
   
7. Final Say
   
   Atari reserves the right to change or alter these rules at any time without any notification. Please note that an Administrator’s word is final.
   
   
8. Violations and Penalties
   
   Topics and messages that violate these Additional Terms of Service will be deleted from the boards and additional penalties may be applied at our moderators' discretion. Re-posting deleted violations (yours or those of others) is also considered a violation.
   
   Messages and topics may be removed at any time and for any reason at the sole discretion of our editors and designated moderators. User accounts may be warned, suspended, or revoked at any time and for any reason at the sole discretion of our editors and our designated moderators. All determinations of what is "acceptable" and "unacceptable" content will be determined solely by our editors and moderators.
   
   Intentional, repeated, or severe violations are cause for the banning of your account, all use of the boards from your IP address or your entire ISP. In such event, we also reserve the right to contact your ISP concerning your activities.
   
   
9. No Warranty; Limitation of Liability
   
   The Service, is being provided to you "as is" and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the Service will meet your requirements. We do not warrant that the Service will be uninterrupted, error free or free of viruses or other harmful components. We are not responsible for content posted by our users. No oral or written information or advice given by us or any of our authorized representatives shall create a warranty or in any way increase the scope of this warranty. The above exclusions will not apply in any jurisdiction that does not allow the exclusion of implied warranties.
   
   UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL ATARI, INC., OR ANY PARTNER OF ATARI, INC. THAT MAY BE INVOLVED IN THE DISTRIBUTION OR PROVISION OF THE SERVICE, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE ABOVE EXCLUSIONS WILL NOT APPLY IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Below is the version of the Atari Privacy Policy at the time of the last update to this FAQ Section -April 1, 2006. For the official Atari Privacy Policy page please Click Here.

Terms of Service as of 5/7/03

These Terms of Service (the "Agreement ") set forth the terms and conditions that apply to your use of the Atari web sites and the services and materials on those sites offered to you by Atari, Inc. (the "Service"). By using the Service, you agree to the terms of this Agreement as if you had signed it. If you do not agree to be bound by this Agreement, please discontinue your use of the service.

1. Restrictions on Use

As part of the Service you will be provided with information, chat rooms, links to other web sites and other services that Atari may decide to offer, subject to these Terms of Service. Atari may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to restricting, (i) the time of availability, (ii) the availability and/or scope of the Service for certain platforms (i.e. computer types and operating systems), (iii) the amount of use permitted, and (iv) restricting or terminating any user's right to use all or part of the Service, at any time in Atari's sole discretion and without prior notice or liability.

2. Content

"Content" includes the software, communications, any graphics (including textures, skins, and modules-e.g. rides, cars, buildings, etc.), sounds, music, video, audio, text and all other material and information uploaded or made available by Atari, you or any other user on the Service. Content is derived in whole or in part from material supplied and owned by Atari and other sources. This material is protected by copyright, trademark and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works or distribute Content from the Service without the express authorization of Atari. You may, however, download Content from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Content in accordance with all restrictions applicable to your use of the Service in general. In the event you download content from the Service, the Content is licensed to you by Atari which does not transfer title to you. Atari does not pre-screen all Content available on the Service and does not assume any responsibility or liability for Content provided by users of the Service or by third parties. Atari reserves the right to remove at its sole discretion Content for any reason. Neither Atari nor its affiliates assume any liability for failure to remove, or delay in removing Content.

3. Conduct

It is a condition of your use of the Service that you do NOT: (i) restrict or inhibit any other user from using and enjoying the Service (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, ethnic or racial slurs, hate propaganda, hate mongering, swearing or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of the return key, shouting (ALL CAPS), or flooding; (iv) post, upload or transmit any Content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, unless you first obtain permission from the owner or right holder, and such owner or holder agrees to the terms of this Agreement; (v) post, upload or transmit any information, software or other material that contains a virus or other harmful or corrupted component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or distribution of counterfeit software; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," or "chain letters," (viii) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Atari or its affiliates; (x) resell or redistribute the information derived from the Service in a machine-readable database; (xi) use the Service to collect personally identifying information about users of the Service in violation of Atari’s Privacy Policy; (xii) disguise a file type to thwart Atari’s detection process; (xiii) improperly use the game support or complaint buttons or make false reports to Atari’s staff members.

4. Monitoring

Atari has no obligation to monitor the Community Areas or any other use of the Service. You acknowledge and agree that Atari reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service, including, but not limited to, the Community Areas, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with Atari’s Privacy Policy. Use of the Service constitutes consent to such monitoring. Furthermore, Atari reserves the right at all times to disclose any information posted on the Community Areas or on any other portion of the Service as necessary to satisfy any law, regulation, or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Atari’s sole and absolute discretion are objectionable or in violation of this Agreement.

5. License

5.1. By uploading Content, inputting data, or engaging in any other form of communication (a "Communication") through the Community Areas and the Service you are granting Atari a royalty-fee, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication will be subject to any obligation of confidence on the part of Atari. You waive and relinquish any "moral rights" that may exist in any Communication, and agree not to assert any moral rights in any Communication.


5.2. Downloadable Software License Terms. Any software that you may download from this Site ("Downloaded Software") is the copyrighted work of Atari and/or its licensors. Use of Downloaded Software is governed by the terms of any end-user license agreement that may accompany the Downloaded Software. The following terms apply to your use of Downloaded Software (to the extent not inconsistent with any accompanying end-user license agreement): (a) Atari hereby grants to you a personal, non-exclusive, non-transferable, limited license to use the object code version of the Downloaded Software solely on your single personal computer; (b) Downloaded Software is provided strictly on an "as-is" basis, without any warranties of any kind, whether expressed or implied, including without limitation any warranties of merchantability, fitness for a particular purpose (even if Atari has been informed of such purpose), non-infringement or compatibility with your computer hardware or software; (c) Atari has no liability of any kind or nature in connection with your use of the Downloaded Software (including liability for any consequential or incidental damages), and the entire risk of use (including without limitation any damage to your computer hardware or software) resides with you; and (d) your license to use the Downloaded Software will terminate automatically and without notice in the event that you violate any of these license terms.

6. Content in the Community Areas and on the Service.

Communications posted in the Community Areas and through the Service are provided by users who are unaffiliated with Atari, and the user providing each such Communication is solely responsible for its content. In using the Community Areas or receiving e-mail messages through the Service, you should not assume that such messages have been reviewed by Atari, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstance will Atari be liable in any way for any Communication, including, but not limited to, liability for any errors on omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mail, or otherwise transmitted via the Service.

7. Personal Safety

When using the Service, please be certain that anything that you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.

8. Submissions

Atari is pleased to hear from users and welcomes your comments regarding Atari’s programs and services. Atari’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Atari’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while Atari values your feedback, Atari must ask that you do not send original creative materials. If, at Atari’s request, you send specific submissions (postings to the Community Areas, or contests), or, without a request from Atari, you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they will be deemed, and will remain, the property of Atari, and will otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to Atari. Disclosure, submissions, or offer of any Comments will constitute assignment to Atari of all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Comments. Atari may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Atari and will own exclusively all such rights, title, and interest and will not be limited in any way in its use, commercial or otherwise, of the Comments. Infogrames is and will be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) pay to you or any user any compensation for any Comments; or (3) respond to any of your or any other user's Comments.

9. Dealing with Merchants

Your correspondence or business dealing with, or participation in promotions of merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Atari will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.

10. Disclaimer of Warranties

ATARI HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER ATARI, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATARI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ATARI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATARI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information and the completeness, accuracy and usefulness of any Content found on the Service. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided. You acknowledge and agree that your use of the Service, and any information sent or received in connection with that use, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

11. Limitation of Liability

IN NO EVENT WILL ATARI, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, INFOGRAMES REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, EVEN IF ATARI OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ATARI, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM STATE TO STATE.

12. Indemnification

You agree to defend, indemnify and hold harmless Atari, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Content or other material uploaded, posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; and (c) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

13. Termination

Atari may, in its sole discretion, terminate your use of the Service, or remove and discard any communication transmitted by you or information stored, sent, or received via the Service without prior notice and for any reason. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Atari may be entitled in law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Atari and its licensors. Sections 3, 4, 5, 10, 11, 12, 13, 14, and 16 through 20 will survive any expiration or termination of this Agreement.

14. Trademarks

Atari, and the Atari and Fuji logos are trademarks of Atari Interactive, Inc., and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Atari or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.

 

™, ®, Game Boy Advance, Nintendo GameCube, and Nintendo DS are trademarks of Nintendo. © 2004 Nintendo

"PlayStation" and the "PS" Family logo are registered trademarks of Sony Computer Entertainment Inc.

Microsoft, Xbox, and the Xbox Logos are registered trademarks of Microsoft Corporation in the U.S. and/or in other countries and are used under license from Microsoft Microsoft, Xbox, Xbox Live, and the Live logo, and the Xbox logos are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.