PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. Agreement to Terms
2. How to Contact Us
This Site is controlled and operated by THQ (UK) Ltd of Duke’s Court, Duke Street, Woking, Surrey GU21 5BH, England. A separate company called Lawton eMarketing assists THQ in operating the Site. In order to contact THQ in the first instance please either email email@example.com or write to Web Manager, THQ (UK) Ltd., Duke’s Court, Duke Street, Woking, Surrey GU21 5BH, England.
3. Online Privacy Notice
4. Trademarks and Copyrights
This Site and all materials, characters, logos or other images incorporated by THQ on this Site (“Material”) are protected by copyrights, trade marks or other intellectual property rights which are owned and controlled by THQ or by other parties that have licensed their material to THQ or consented to its usage (“Rights”). THQ respects the intellectual property rights of others and asks users of this Site to do the same. Your use of the Site carries with it no rights in relation to THQ’s or third parties’ Rights. All right, title or interest (including all Rights) in the Site belongs to THQ and you acquire no proprietary interest in the Site.
5. Your Use of Material
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, downloaded, posted, transmitted, distributed, saved, modified, publicly performed or used for any purposes, whether commercial or non-commercial, unless specifically authorised by THQ, except to the extent necessarily required in order for you to display, use and navigate the Site. Any authorisation to copy Material granted by THQ in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from the Site or any of the Material, which includes the information and software made available therein.
Any Materials, information and opinions included and/or expressed in or on bulletin/notice boards, galleries, chat rooms, community pages or other forums on this site (“Forums”) are not necessarily those of THQ or its affiliated or related entities or content providers. THQ does not undertake to monitor or review Forums, and the content of Forums is not the responsibility of THQ. THQ may remove or modify any content without notice or liability at any time in its sole discretion. Any use of Forums will be at your own risk and will be subject to the limitations on liability set out below.
THQ is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send THQ any unsolicited submissions.
In any event, any material you send to us will not be treated as confidential. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You understand and agree that all materials publicly posted (other than by THQ) or privately transmitted on or through this Site are the sole responsibility of the sender, not THQ, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
8. Postings and E-mails
We at THQ require that you do not post e-mails or submit to or publish [through Forums] or otherwise make available on this Site any content, or act in a way, which in our opinion:
In addition, you are prohibited from removing any sponsorship banners or other material inserted by THQ anywhere on this Site (e.g., on any web space made available for your use).
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. You agree to notify THQ immediately of any changes which are relevant to your registration. If we at THQ believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
You agree that THQ, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the web site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in THQ’s sole discretion. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that THQ shall not be liable to you or any third-party for any such termination.
11. System Abuse
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.
Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). THQ shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that THQ considers insecure, THQ will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, THQ reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).
THQ, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
THQ reserves the right to suspend, restrict, or terminate access to the Site and/or edit, refuse to post or remove any material you submit for any reason at any time.
14. Local Regulations
THQ makes no representation that Materials or other content in the Site are appropriate or available for use outside the United Kingdom. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.
16. Our Use of Content
THQ will consider anything you provide to THQ and/or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see ‘Submissions’ and ‘Postings and E-mails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions.
17. Third Party Sites
THQ may provide links to other websites or resources and may post or make available content provided by third parties (“Third Party Content”) soley as a convenience to its users. THQ’s role in providing Third Party Content is as distributor only and accordingly THQ does not review, assess, examine or endorse such Third Party Content including the accuracy or reliability of any text, information, data, photographs, graphics, advertisements, promotions, representations or statements. In addition, THQ does not know nor examines and accepts no duty to examine the use to which you or other users put the Site or the nature of the information you or users are sending or uploading and THQ therefore excludes all liability of any kind (including for libel, breach of confidence, intellectual property right infringement, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature by, about or to you.
You acknowledge and agree that:
unless THQ expressly agrees otherwise, it is not responsible for services provided by third parties on the Site or for the availability of any sites or material you access through the Site; THQ will not be party to any transaction or contract with a third party that you may enter into and that THQ shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise; and you will not involve THQ in any dispute between you and a third party. In particular, THQ cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from THQ since other shop channels are owned and operated by independent retailers. THQ does not endorse any of the merchandise, nor has THQ taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. THQ does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
18. Our Obligations and Limitations on Liability
THQ AGREES TO USE ITS REASONABLE ENDEAVOURS TO MAINTAIN THE SITE IN A FULLY OPERATING CONDITION AND ERROR FREE. AS THQ CANNOT GUARANTEE THAT THE SITE WILL ALWAYS BE FULLY OPERATIONAL OR ERROR FREE IT DOES NOT ACCEPT RESPONSIBILITY FOR ANY DEFECTS THAT MAY EXIST OR FOR ANY COSTS OR LOSSES ARISING FROM YOUR USE OF OR INABILITY TO ACCESS THE SITE.
WHILST THQ TAKES REASONABLE PRECAUTIONS TO ENSURE THAT ANY DOWNLOADS IT MAKES AVAILABLE WILL BE VIRUS FREE THQ DOES NOT WARRANT THAT ANY DOWNLOADS WILL BE VIRUS FREE AND WILL NOT CAUSE INTERRUPTIONS WITH YOUR COMPUTER SYSTEMS.
THQ EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND SAVE IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, ALL LIABILITY FOR ANY CLAIMS, LOSSES, DEMANDS AND DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR ITS UNAVAILABILITY. THIS EXCLUSION SHALL APPLY IN RESPECT OF, WITHOUT LIMITATION, ANY INTERRUPTION OF SERVICES, LOST PROFITS, LOSS OF CONTRACTS OR BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE SITE, EVEN IF THQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE.
19. Governing Law
The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting video games and other products available in the United Kingdom. The Site is controlled and operated by THQ from its offices within the United Kingdom.