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Terms & Conditions

ATVI, LLC LEGAL NOTICES AND GENERAL TERMS AND CONDITIONS OF USE

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE ("GENERAL TERMS AND CONDITIONS") CAREFULLY. BY USING THE ATVI, LLC ("ATVI") WEBSITE (THE "ATVI WEB SITE"), YOU INDICATE YOUR ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS.

CHANGES TO GENERAL TERMS AND CONDITIONS.
THE ATVI WEB SITE AND THESE GENERAL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE ATVI WEB SITE AFTER THE POSTING OF ANY AMENDMENTS OR MODIFICATIONS TO THESE GENERAL TERMS AND CONDITIONS CONSTITUTES YOUR ACKNOWLEDGMENT OF SUCH AMENDMENTS AND MODIFICATIONS AND YOUR AGREEMENT TO ABIDE, AND BE BOUND, BY THESE GENERAL TERMS AND CONDITIONS AS SO AMENDED AND MODIFIED. IF YOU DO NOT ACCEPT THE GENERAL TERMS AND CONDITIONS AS THE GENERAL TERMS AND CONDITIONS EXIST ON THE DATE OF YOUR USE OF THE ATVI WEB SITE, THEN DO NOT USE THIS ATVI WEB SITE.

Intellectual Property Rights.
Unless otherwise indicated, you should assume that all documents, information, content and materials, including without limitation, text, taxonomy, graphics, icons, logos, buttons, images, audio clips, digital downloads, video and data compilations, on the ATVI Web Site ("ATVI Content") is protected by copyright and trademark law, international treaties and other intellectual property rights and is owned, controlled or licensed by ATVI or its licensors or the party credited as the provider of the ATVI Content and may not be used except as permitted in these General Terms and Conditions or in the text of the ATVI Web Site. Reproduction or storage of documents or information available at the ATVI Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. and other international copyright laws. The ATVI logo and ATVI™ are trademarks of ATVI, LLC in the United States and other countries. ATVI trademarks may not be used in connection with any product or service that is not a ATVI product or service. All other company names, logos, and trademarks mentioned herein are the property of their respective owners.

The ATVI Web Site operates using certain ATVI proprietary software ("ATVI Software") (together, the ATVI Content and the ATVI Software shall be referred to as the "ATVI Product"), including the ATVI method and apparatus for providing comparative product information of related products ("ATVI Search Engine") and the ATVI Software is owned, controlled or licensed by ATVI and its licensors and may not be used except as permitted in these General Terms and Conditions or in the text of the ATVI Web Site. All ATVI Software is subject to U.S. and international copyright law and the ATVI Search Engine is protected under one or more patents and/or patent application(s). You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code or methodology from the ATVI Software, including the ATVI Search Engine.
Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the ATVI Product except as expressly provided herein or by obtaining the written permission of ATVI or such other third party owner, as applicable. Any use of the ATVI Product not expressly permitted by these General Terms and Conditions is a breach of these General Terms and Conditions and may violate copyright, trademark or other laws.

General Use Restrictions.
ATVI grants you a limited, personal, non-exclusive and non-transferable license to use the ATVI Search Engine and view, download, print, use, display and make a reasonable number of copies of the ATVI Content on the ATVI Website for your own personal, informational, non-commercial use associated with your interaction with this ATVI Web Site ("License"); provided that (i) you do not modify the ATVI Content, (ii) any copies that you may make must be marked "ATVI, LLC All rights reserved"; and (iii) you retain all copyright and propriety notices originally contained in the ATVI Content on any copies. For the avoidance of doubt, your right to the License of the ATVI Product as described herein is personal to you and, except as stated herein, you have no right to distribute any of the materials in any manner, and no right of Resale, Sub-license or Commercial Use of all or any portion of the ATVI Product. You may be either an individual or a corporation or business entity, but you agree not to resell or sub-license the ATVI Product as described herein, any downloadable ATVI Content or any information obtained by you without the express written consent of ATVI. This limited License terminates automatically, without notice to you, if you breach any of these General Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed ATVI Content and any copies that you have made of the same or any portion of the same. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the ATVI Web Site or any ATVI Content and you agree not to "frame" or "mirror" the ATVI Web Site, any ATVI Content contained on or accessible from this ATVI Web Site on any other server or Internet-based device without the advanced written authorization of ATVI. Nothing herein shall be construed as granting any license or right to use any ATVI Content contained on this ATVI Web Site or any ATVI Software except as expressly provided herein.

Enforcement of Intellectual Property Rights.
You acknowledge that ATVI will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Third Party Interaction and Links to Third Party Sites.
In your use of the ATVI Web Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of companies listed on the ATVI Web Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that ATVI has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Third-Party Links.
This ATVI Web Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by ATVI. Such links do not constitute an endorsement by ATVI of any such sites. You acknowledge that ATVI is providing these links to you solely as a convenience to you, and you agree that ATVI is not responsible for the content or links displayed on such sites to which you may be linked. ATVI does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this ATVI Web Site, you do so at your own risk.

Third-Party Materials on the ATVI Web Site.
This ATVI Web Site may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to you. ATVI has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall ATVI be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

Inaccuracies on the ATVI Web Site.
Your use of the ATVI Product is at your own risk. The ATVI Product may include inaccuracies or errors that may affect the quality of the information provided on the ATVI Web Site and a possibility exists that unauthorized additions, deletions and alterations have been made to the ATVI Web Site by unauthorized third-parties. The information has not been independently verified or authenticated in whole or in part by ATVI. Although ATVI attempts to ensure the integrity of the ATVI Web Site, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the ATVI Web Site. More specifically, ATVI does not warrant the accuracy or timeliness of the ATVI Content and ATVI has no liability for any errors or omissions in the information provided. Furthermore, the prices and availability of products on this site may change without notice to you at any time. In the event that such an inaccuracy arises, please inform us so that it may be corrected.

No Warranty. THIS ATVI WEB SITE, INCLUDING ANY ATVI CONTENT CONTAINED WITHIN IT, ANY ATVI WEB SITE RELATED SERVICE AND ANY THIRD-PARTY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE ATVI WEB SITE, IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. ATVI MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE ATVI WEB SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE ATVI WEB SITE NOR DOES ATVI MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THIS ATVI WEB SITE OR THE ATVI CONTENT ON THIS ATVI WEB SITE IS UNINTERRUPTED, ERROR FREE OR SECURE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. THE USE OF THE ATVI WEB SITE, INCLUDING ANY ATVI CONTENT CONTAINED WITHIN IT, IS AT YOUR OWN RISK.

Limitation of Liability.
ATVI WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE ATVI WEB SITE, INCLUDING BUT NOT LIMITED TO, MALFUNCTIONS, DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS, PROFITS OR ANTICIPATORY PROFITS ARISING OUT OF YOUR USE OF THE ATVI WEB SITE, YOUR INABILITY TO USE THE ATVI WEB SITE OR THE RESULTS OF USE OF THE ATVI WEB SITE OR ANY WEB SITES LINKED TO THE ATVI WEB SITE OR THE ATVI CONTENT CONTAINED ON THE ATVI WEB SITE, EVEN IF ATVI HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND. ATVI, ITS LICENSORS, ITS SUPPLIERS OR ANY OTHER THIRD PARTY MENTIONED ON THE ATVI WEB SITE SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF THE ACTUAL DAMAGES INCURRED BY YOU NOT TO EXCEED US $500.00. FURTHER, ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE ATVI WEB SITE, INCLUDING ANY ATVI CONTENT WITHIN THE ATVI WEB SITE, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE GENERAL TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED IN THESE GENERAL TERMS AND CONDITIONS.

Indemnity.
You agree to defend, indemnify, and hold ATVI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these General Terms and Conditions or any claim or demand from a third party that your use of the ATVI Web Site (or the use of the ATVI Web Site by any person using your user name and/or password) violates any applicable law or regulation, or the rights of any third party.

Local Laws; Export Control; Applicable Law; Venue.
By entering this ATVI Web site, you acknowledge and agree that ATVI controls and operates the ATVI Web Site from its headquarters in the United States of America and that the ATVI Web site is intended for viewing in the United States and ATVI makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws. You may not use this ATVI Web Site in violation of United States export laws and regulations. Any action related to these Terms will be governed by the laws of the United States Virgin Islands, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the federal and territorial courts located in the United States Virgin Islands for the resolution of all disputes arising from or related to these General Terms and Conditions and/or your use of the ATVI Web Site.

Password and Security.
As part of the registration process, you will use your email address as your user name and you will be assigned a unique password for access to your account and to your designated computers. You agree to carefully control the dissemination and use of activation codes and passwords and authorize, monitor, and control access to and use of your ATVI account and password. You are solely responsible if you do not maintain the confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify ATVI of any unauthorized use of your account or any other breach of security known to you, including if you believe that its password or account information has been stolen or otherwise compromised.

Privacy and Security Policy.
Please review ATVI's Privacy and Security Policy, which governs your visit to the ATVI Web Site in order to understand our practices.

User Submissions.
Other than your User Information (as defined in the Privacy and Security Policy), any material you transmit or post to this ATVI Web Site will be treated as non-confidential. ATVI is free to use and distribute such material with no restrictions.

Unauthorized Activities.
Submissions and unauthorized use of any materials contained on this ATVI Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

Subscription Fees, Payments, and Renewals.
Your subscription will continue and renew automatically unless terminated by ATVI or until you notify ATVI of your decision to change your subscription renewal. If there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the subscription registration process at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your subscription at the rates in effect when the charges were incurred. ATVI may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your user name and password will be billed to the credit card designated during the subscription registration process. As a condition to your right to use the ATVI service, you must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable subscription fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize ATVI, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this subscription agreement, you will be in violation of this agreement, and we may terminate this agreement with you. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this agreement to your debit card account. Your ATVI subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period. We will bill the subscription fee to the credit card you provided to us during registration (or to a different credit card if you make a change to your account information).

Children's Privacy.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Dispute Resolution.
ATVI intends to resolve any and all disputes that may arise between it and its participants in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to ATVI in which you outline the issues in dispute, enclose any relevant documents and state the requested relief. ATVI shall respond within ten (10) business days with identical information from its or their perspective. You and a representative of ATVI shall meet or communicate electronically within ten (10) business days of the delivery of the response(s), and as often as you and ATVI deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and ATVI fail to resolve the matter, you shall then proceed to litigation in the forum described in these General Terms and Conditions.

Survival.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Change to General Terms and Conditions, Intellectual Property Rights, General Use Restrictions, Inaccuracies on the ATVI Web Site, No Warranty, Limitation of Liability, Indemnity, Local Laws; Export Control; Applicable Law; Venue, Privacy and Security Policy, User Submissions and Complete Agreement.

COMPLETE AGREEMENT.
Except as expressly provided in a particular "legal notice" on the ATVI Web Site, these General Terms and Conditions and the ATVI Privacy and Security Policy constitute the entire agreement between you and ATVI with respect to the use of the ATVI Web Site, and ATVI Content.

Thank you for your cooperation. We hope you find the ATVI Web Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to advertising@allthingsvi.com. We try to answer every email in a timely manner but are not always able to do so.