eGAMES ONLINE TERMS AND CONDITIONS OF WEB SITE USE

1. ACCEPTANCE OF TERMS

Welcome to the eGamesOnline.com ("eGames Online") website. This website is owned and operated by eGames, Inc. ("eGames") which provides its online games to you, subject to the following Terms and Conditions of Web Site Use ("Terms").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using this website you accept the Terms, and agree to be bound by them. If you do not agree to the Terms, do not use the eGames Online website. eGames Online reserves the right to modify the Terms at any time without notice to you. It is important to periodically check the most recent version of the Terms at: http://www.egamesonline.com/terms.php. Your use of the website following any modifications is considered your assent to the modifications. The Terms tell you what you can expect from the website and the kind of online behavior eGames Online expects of you on its website. All of our online games, regardless of when they are added, are governed by the Terms.

2. REGISTRATION

You must register to use the full features of the website, including but not limited to chat, high score posting and email updates ("Registered User"). To register, you must select a user name; a password will be provided upon verification of registration information. The use of an offensive user name is not allowed. When completing the registration you will provide true and accurate information, and update this information to keep it true and accurate. If you provide any information that is untrue or eGames has reasonable grounds to suspect that the information is untrue, eGames has the right to suspend or terminate your registration and access to the full features of the website. Further, masking or hiding your email address is not allowed. We maintain a database of all email addresses and time stamps to identify users.

You are responsible for obtaining access to the website, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the website. You are responsible for maintaining the confidentiality of your user name and password, and are responsible for all activities that occur under your user name and password. You will immediately notify eGames of any unauthorized use of your user name and password or any other breach of security.


3. RULES FOR USING THE CHAT ROOM AND OTHER FEATURES

Registered Users of the website may send messages in chat sessions during games ("Messages"). Messages must not violate the Terms. eGames Online does not pre-screen Messages, but eGames Online will have the right in their sole discretion to remove any Messages that violate the Terms. You may receive a warning from eGames Online if your user name was responsible for posting offensive Messages. If it is a serious offense or you have violated the Terms before, eGames Online may suspend or terminate your registration. You understand that all Messages are the sole responsibility of Registered User from whom the Message originated. This means that you, and not eGames Online, are entirely responsible for all of your Messages. eGames Online does not control the Messages posted in its chat rooms and does not guarantee the accuracy, integrity, or quality of those Messages. By using the chat rooms, you understand that you may be exposed to Messages that are offensive, indecent, or objectionable. eGames Online will not be liable for any Messages, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any Messages on the website.

Registered Users may not:

1. post or transmit Messages that are unlawful, threatening, harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
2. impersonate any person, including an eGames Online employee or agent; eGames Online employees will never ask you for personal information in a chat room setting;
3. post or transmit Messages that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. post or transmit Messages that you do not have a right to make available under any law or under contractual or fiduciary relationships;
5. post or transmit advertisements, promotional materials, or other forms of solicitation;
6. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users of the website;
7. interfere with the website or servers or networks connected to the website;
8. violate any local, state, national or international law;
9. collect personal data about other Registered Users.

You may report abusers by sending an email to abuse@egamesonline.com.

eGames may store Messages indefinitely, and may also disclose Messages if required to do so by law or in the good faith belief that the preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that a Message violates the rights of third parties; or (d) protect the rights, property, or personal safety of eGames Online, any users of the website, or the public.

Please be aware that by submitting Messages or other content, you automatically grant eGames Online a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Messages or content (in whole or in part) and to incorporate such into other works in any format or medium now known or later developed.

4. eGAMES ONLINE PRIVACY POLICY

Certain information about you is collected through registration. eGames Online's use of this information is governed by the eGames Privacy Policy.

5. INDEMNITY

You will indemnify and hold eGames Online, eGames, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Messages that you post or transmit, your use of the website, your violation of the Terms, or your violation of any rights of a third party.


6. INTELLECTUAL PROPERTY

The eGames Online website contains intellectual property owned by eGames and other parties. You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website. Your use of eGames Online software is governed by separate license agreements that you must agree to in order to access the software.


7. MODIFICATIONS TO WEBSITE

eGames Online reserves the right at any time to modify or discontinue, temporarily or permanently, the website or any part of it with or without notice. eGames Online will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.


8. LINKED SITES

You may be able to link to third parties' web sites ("Linked Sites") from the eGames Online website. Linked Sites are not, however, reviewed, controlled or examined by eGames Online in any way and eGames Online is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein, and does not endorse any of them. It is your sole responsibility to comply with the appropriate rules applicable to the use of the Linked Sites. In no event shall eGames Online be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services available through the Linked Sites.

9. THIRD PARTY PROMOTIONS AND PRODUCTS

The eGames Online website may display promotions and advertisements provided by third parties ("Third Party Promotions"). You understand and agree that we shall not be responsible and shall have no liability for any Third Party Promotion and that you participate in or choose to click on a Third Party Promotion at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the applicable third party offering the Third Party Promotion, and that you shall have no remedy against eGames or eGames Online arising from your participation in any Third Party Promotion.

10. DISCLAIMER OF WARRANTIES

Except as expressly set forth herein, eGames and eGames Online are not responsible for any incorrect or inaccurate information whether caused by Registered Users of the website or by any of the equipment or programming associated with or utilized in connection with the website or the products provided on or through the website. eGames and eGames Online assume no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the website. eGames and eGames Online are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any websites or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the eGames Online website.

THE EGAMES ONLINE WEBSITE, INCLUDING ITS CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EGAMES AND EGAMES ONLINE, AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE EGAMES ONLINE WEBSITE, AND ITS CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOUR USE OF THE EGAMES ONLINE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EGAMES AND EGAMES ONLINE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EGAMES ONLINE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


11. LIMITATION OF LIABILITY

EGAMES AND EGAMES ONLINE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EGAMES OR EGAMES ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE EGAMES ONLINE WEBSITE.


12. TRADEMARK INFORMATION

eGames Online, the eGames Online logo, the eGames logo and other eGames logos, products and service names are trademarks of eGames. You must not display or use them in any manner.


13. GENERAL INFORMATION

eGames Online operates its website from offices in the United States of America. We do not represent that materials on the website is appropriate or available for use in other locations. Persons who choose to access the eGames Online website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Terms constitute the entire agreement between you and eGames Online and governs your use of the eGames Online website, superseding any prior agreements between you and eGames Online. The Terms and the relationship between you and eGames Online will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and eGames Online agree to submit to the personal and exclusive jurisdiction of the courts located within Bucks County, Pennsylvania. The failure of eGames Online to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms will remain in full force and effect. Any claim or cause of action arising out of or related to use of the eGames Online website or the Terms must be filed within one (1) year after the claim or cause of action arose or be forever barred.

eGames Online
Operated by eGames, Inc.
2000 Cabot Blvd, Suite 110
Langhorne, PA 19047
USA