Welcome to Pure Games Inc.’s (“PGI”) website (PureGamesInc.com, hereinafter “Website”). Our goal is to provide a fun party experience where you are able to invite your friends to your house for an evening of dinner theater with puzzle/mystery solving, where you and your friends are the actors. To further this goal, PGI has established Terms of Use for the Website and products, and a Privacy Policy to govern how PGI handles Users’ personal information. By using PGI’s Website and products, you are agreeing to both policies and any changes that may be made from time to time.
Failure to follow the Terms of Use and Privacy Policy may result in the suspension or termination of your access to the Website and services, without notice and without a refund, in addition to any other remedies.
PROPRIETARY RIGHTS
As between PGI, and Users, PGI is the sole owner or licensee of all content on the Website, including the copyright of all games, or content used in the production advertising, promotion, distribution and sale of PGI’s products and services (collectively “Site Materials”). This includes, but is not limited to, all applicable U.S. and non-U.S. copyrights, patents, trademarks, trade dress, trade secrets, distinctive names, logos and images, information, data, software, photographs, videos, typefaces, graphics, sounds, and other intellectual property rights that are included on the Website and are used in the production of the Site Materials. User acknowledges that these proprietary rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. These Site Materials are copyrighted individually and as a collective work under the U.S. copyright laws, and PGI owns the intellectual rights in the selection, coordination, arrangement and enhancement of the Site Materials. PGI and its licensors respectively reserve all rights to the Site Materials.
User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the protected materials, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Site Materials as identified in the Use of Site Materials section.
Users are strictly prohibited from creating works or materials that derive from or are based on the Site Materials or Messages contained on the Website including without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards, unlicensed merchandise, content, audio and video. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Use of any software used on, in conjunction with, or underlying the Website shall be governed by a separate software license agreement.
PGI allows you to reference its Site Materials in discussion but they may not be used to title, brand or identify or in any way name your own personal web page, your own strategy tips, or other items, except as described in the Use of Site Materials section. When you reference a PGI product, you must use a "TM" next to the tradenames and also give PGI credit for the tradenames in accordance with the Credit Guidelines. All other uses of Site Materials require the express written permission of PGI or its licensors as the case may be.
Purchase of a game on the Website grants to User a license to play the game once.
INFORMATION SHARING
PGI does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products and services you requested. All information that is shared is disclosed to trusted partners who work on behalf of PGI under confidentiality agreements. These companies may use your personal information to help communicate with your about offers from PGI. These companies do not have any independent rights to share this information.
See our Privacy Policy for more information. If you have any concerns about our Privacy Policy feel free to contact customerservice@puregamesinc.com.
PARENTS & CHILDREN
The Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chat rooms. PGI will not knowingly collect personally identifiable information from Users under the age of 13. Minors under the age 13 may not register, make purchases or participate on any portion of the Website.
ONLINE CONDUCT
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. User agrees that it will not use any Forums for the purpose of spamming, uploading viruses or other harmful components and posting libelous or invasive information, or advertising to or inducing Users to buy or sell products or services or to make donations.
If PGI is notified of allegedly infringing, defamatory, damaging, illegal, or offensive messages provided by a User (e.g., through a chat, product review, etc.), PGI may investigate the allegation and determine in its sole discretion whether to remove such message from the Website. PGI may disclose any messages or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of the Website, its Users or Providers. PGI reserve the right to prohibit conduct, communication, or messages that it deems in its sole discretion to be harmful to individual Users, the Website, the communities that make up the Website, or any rights of PGI, or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither PGI nor its Providers can ensure prompt removal of questionable messages after online posting. Accordingly, neither PGI, nor its affiliates, nor any of its officers, directors, employees, agents, or licensors, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or messages on the Website.
MERCHANDISE RETURNS
If you are not completely satisfied with your game purchase you may exchange the merchandise or receive a full refund of the purchase price.
Please allow 2 to 3 weeks for processing the return. Though we process your credit promptly, please allow one to two billing cycles for it to appear on your statement.
This policy does not apply to prizes or other free items.
USE OF SITE MATERIALS
Any content downloaded from the Website may be used for your personal, noncommercial use only, Users agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate content received from the Website regardless of whether User is giving, selling, lending, leasing or otherwise bartering the content.
Users may ad a link from his/her website to GPI’s Website provided that the link physically takes the User to puregamesinc.com; and, provided that the User does not "frame" any of the Website or take any other action that would give the appearance of ownership by or affiliation with someone other than PGI. Also, the link must take the User to the main page of the Site being linked; except that a User may link directly to a specific product in f the e-commerce store on the Website.
PGI is not liable for any materials, content or practices of a third-party website that links to PGI’s Website.
SUBMISSIONS
It is the general policy of PGI, not to allow, accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to the Website submit or send any original or creative materials, including but not limited to submissions of scripts, profiles, games, game rules, game designs, characters, drawings, conceptual ideas, or any other creative work ("Ideas"). If, despite our prohibition of submissions, a User sends any unsolicited Ideas, these materials and ideas shall be deemed and shall remain the sole property of PGI, in perpetuity and throughout the world. By submitting any unsolicited Ideas, sender automatically grants or warrants that the owner of the Ideas grants, PGI a royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, manufacture translate, and distribute such Ideas (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright, trademark, or patent that may exist in such Ideas for any purpose that PGI, chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all submitted unsolicited Ideas. The sender further waives the right to make any claims against PGI, or any other party obtaining rights from or through PGI, relating to the unsolicited Ideas, including but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
PGI does accept submissions from parties who have entered into a “Submissions Agreement” with PGI. Submissions received pursuant to a “Submissions Agreement” are not considered unsolicited and are not governed by the preceding paragraph.
INDEMNIFICATION
User agrees to indemnify PGI and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold them each harmless, from any and all claims and liabilities (including attorneys fees) which may arise from User’s submissions, from unauthorized use of material obtained through the Site, or from breach of this Agreement, or from any such acts through User’s use of the Website.
BULLETIN BOARDS & CHAT ROOMS
Users are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with the Website) ("Messages") to bulletin boards, chat rooms, or other public areas within, or in connection with, the Website ("Forums"). Messages and Forums become part of the Site Materials; and, PGI accepts no responsibility whatsoever in connection with or arising from such Messages or Forums.
Messages must be original to the User and may not contain materials that are subject to any copyright or other proprietary rights protection unless the true owner has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Messages distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Messages is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
By submitting Messages to any User-submit areas or Forums, including, without limitation, any User product reviews or participation in any chats, User automatically grants, or warrants that the owner of such Message has expressly granted PGI a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Message in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Message. User also permits any other User to access, store, or reproduce the Message for that User's personal use. Subject to this grant, the owner of Message placed on the Site retains any and all rights that may exist in such Message.
Neither PGI, nor its affiliates, nor any of its officers, directors, employees, agents, Providers, licensors or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report infringements by sending an e-mail with Infringement Correction in the subject field to infringement@puregamesinc.com. For additional information about reporting potential infringements, see Copyright Infringement.
COMMENTS BY USERS AND LINKED SITES
PGI does not necessarily endorse, support, sanction, encourage, verify or agree with comments, opinions, or statements posted on forums on the Website. Any information placed online by Users, including advice and opinions, are the views and responsibility of those who post the statements. PGI reserves the right, but undertakes no duty to review, edit, move or delete any material provided for display or placed on the Website or its message and bulleting boards (or any other public area) in its sole discretion, without notice.
Users acknowledge that PGI has not reviewed and does not endorse the content of all sites linked to or from the Website and is not responsible for the content or actions of any other sites linked to from the Website. Users linking to any service or site is at his/her own risk.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PGI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SITE MATERIALS, MESSAGES OR PRODUCTS, INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PGI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PGI NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
User expressly agrees that use of the Website is at User's sole risk. Neither PGI, nor its affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, ("Providers") warrant that the Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy, reliability, or currency of any Site Materials. Further, PGI shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a User on any information obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law; and in no event will liability to Users exceed the amount paid by a User, if any, for obtaining access to the Websites.
BROWSER COMPATIBILITY
The Website is designed to be cross-browser compatible. However, because the display of web pages varies greatly from browser to browser, the Website has been optimized for Internet Explorer, which can be downloaded free of charge from Microsoft.com. Display problems which persist when using Internet Explorer should be reported to support@puregamesinc.com.
POP-UPS
The Website utilizes the use of “pop-ups” for certain non-advertising functions. If User blocks pop-ups, User may be required to indicate to User’s pop-up blocking software that the Website as a trusted website, otherwise User may not experience the full functionality of the Website.
ERRORS & OMISSIONS
In the event that a product or service is listed at an incorrect price due to a typographical error or any error in pricing information received from third parties, PGU has the right to refuse or cancel any orders placed for products listed at the incorrect price. In the event that your credit card has been charged for the purchase and your order is canceled, PGI will issue a credit to your credit card account in the amount of the incorrect price.
TERMINATION OF USAGE
PGI may terminate a User's access, or suspend any User's access to all or part of the Website, without notice, for any conduct that PGI, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a licensor, a service provider, or PGI.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Site Materials, Messages, opinions, advice and/or content derived from the Website to either a foreign national or a foreign destination in violation of such laws.
CREDIT GUIDELINES
Provided a User’s use complies with the Use of Site Materials, when a User places any materials that it obtained from the Website onto his/her website, the User must give PGI full credit for the materials.
Credit must be placed on each page containing PGI materials and shall read as follows:
"This material is used by permission and is protected by copyright. All Rights Reserved. Pure Games, Inc."
COPYRIGHT INFRINGEMENT
Notification of potential infringements that are being made by the supposed owner or authorized representative of the supposed owner must be in writing and contain the following information (Digital Millennium Copyright Act, 17 U.S.C. §512 (c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringement, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of an exclusive right that is allegedly infringed.
COPYRIGHT AGENT
Jeanette S. Snodgrass, Esq.
3801 East Florida Ave., Suite 400
Denver, CO 80210
Phone: (303) 991-4674
Fax: (303) 675-4599
Email: infringement@puregamesinc.com
APPLICABLE LAW
The Website is created and controlled by PGI, in the State of Colorado, Adams County. As such, the laws of Colorado will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. PGI reserves the right to make changes to the Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Colorado and of the United States of America as applied by the courts located in Colorado, for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the venue of any such litigation being held in the courts of Adams County, Colorado, and agrees not to plead or claim in any court that such litigation brought therein has been brought in an inconvenient forum.
SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and PGI regarding your relationship with PGI and the Website and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Website. The aforementioned Terms of Use are subject to change.
