PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. The Ping-0.com website (the "Website") is a service offered by Ping-0, Inc. and Ping0, LLC (collectively, "Ping-0"). This Terms of Use Agreement (the "Terms of Use" or "Agreement") describes the terms and conditions applicable to your access and use of the Website. Ping-0 may amend this Agreement at any time by posting the amended Terms of Use on our Website, and you agree that you will be bound by any changes to the Terms of Use. For your convenience, the date of last revision is included at the top of this page. Ping-0 may make changes to the Website and/or the services described on the Website at any time. You understand that Ping-0 may discontinue or restrict your use of the Website for any reason or no reason with or without notice.
ABOUT THE INFORMATION ON THIS SITE. The content available on the Website is intended to be a general information resource and is provided solely on an "AS IS" and "AS AVAILABLE" basis. You are encouraged to confirm the information contained herein. You should not construe Ping-0' publication of the content on the Website as a warranty or guarantee of the quality or availability of any goods or services.
COMMUNICATIONS WITH THIRD PARTIES. Your dealings or communications through the Website with any party other than Ping-0 are solely between you and that third party. Under no circumstances will Ping-0 be liable for any goods, services, content or information available through such third party dealings or communications, or for any harm related thereto.
ELIGIBILITY. By registering for an account on the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are 13 years of age or older.
USE OF MATERIALS ON THIS SITE. Ping-0 invites you to view and use a single copy of the Website for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Website.
LINKS TO THIS SITE AND USE OF MARKS. The Website may contain links to websites operated by other parties. Ping-0 provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Ping-0, and Ping-0 is not responsible for the content available on the other sites. Such links do not imply Ping-0' endorsement of information or material on any other site and Ping-0 disclaims all liability with regard to your access to and use of such linked Websites.
LINKS TO Ping-0.COM. Unless otherwise set forth in a written agreement between you and Ping-0, you must adhere to Ping-0' linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Ping-0' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Ping-0, (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking Website, and (iv) Ping-0 reserves the right to revoke its consent to the link at any time and in its sole discretion.
TRADEMARKS. Hellgate: London, the Hellgate: London logo, Ping-0 and the Ping-0 logo are trademarks/service marks of Ping-0. Unauthorized use of any Ping-0 trademark, service mark or logo may be a violation of federal and state trademark laws.
NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you are a copyright owner or agent thereof and believe that content posted on the Website by a Ping-0 user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached by mail at: Ping-0, Inc., ATTN: COPYRIGHT AGENT, 221 King Street, #218, San Francisco, CA 94107-1756, by phone at 415-489-1400 or by email at copyright@Ping-0.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Ping-0 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
Ping-0 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ping-0 DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF Ping-0 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, Ping-0' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO Ping-0 DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ping-0 and its affiliates shall be limited to the fullest extent permitted by law.
INDEMNITY. You agree to indemnify, defend and hold Ping-0, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of this Agreement.
COPYRIGHT. The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Ping-0' express prior written permission.
LOCATION. The Website is operated by Ping-0 from its offices in the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
CHILDREN. The Website is not directed toward children under 13 years of age nor does Ping-0 knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Ping-0.
PRIVACY POLICY. By agreeing to these terms, you acknowledge that Ping-0 may collect, use and disclose your information as described in our Privacy Policy.
CODE OF CONDUCT. You agree to read and abide by the terms of the code of conduct available at (the "Code of Conduct"), incorporated by this reference herein, as updated from time-to-time by Ping-0 in its sole and absolute discretion. Your conduct on and in connection with the Website shall conform to the rules set forth in the Code of Conduct notwithstanding references in the Code of Conduct limiting that document to conduct in the game.
USER CONTENT. The Website enables its users to post content, including without limitation public messages, photographs and videos (hereinafter, "User Content") that may be viewable by other Website users. By posting, providing, or otherwise making available any User Content, you hereby grant to Ping-0 a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Content in any form, and Ping-0 may sublicense all or part of its rights under this license or assign them to third parties. You waive all moral rights with respect to any User Content. You also represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section; (ii) your posting of the content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (iii) your posting of the User Content is in compliance with the Code of Conduct. You acknowledge that Ping-0 does not pre-screen User Content, but reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Website. Without limiting the foregoing, Ping-0 shall have the right to remove any User Content that violates this Agreement (including without limitation the Code of Conduct), or is otherwise objectionable as determined in Ping-0' sole and absolute discretion. You acknowledge that Ping-0 does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with, your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You are solely responsible for the content that you post on or through the Website, and you agree that you will indemnify, defend, and hold harmless Ping-0 and its affiliates for all claims resulting from content you supply.
PASSWORD. You may be assigned a username and password with which to access areas of the Website limited to registered users. You agree not to use the username or password of another Website user at any time or to disclose your password to any third party. You agree to notify Ping-0 immediately if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password.
EMAIL. Email submissions over the internet may not be secure. Please do not email Ping-0 any personal or confidential information.
CHOICE OF LAW/FORUM. All claims arising out of this Agreement or relating to the Website will be governed by the laws of the State of Delaware, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in San Francisco, California. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Ping-0' failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Ping-0' right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and Ping-0 with respect to the Website and your use thereof. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred
VIOLATIONS AND ADDITIONAL POLICIES. Ping-0 reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
Copyright © 2007 Ping-0, Inc. All rights reserved.
