These are the terms and conditions subject to which you may use www.machxgames.com, www.machxgames.net,
and www.machxgames.org (collectively "the
Websites"). If you do not accept these terms and conditions please leave the Websites
immediately.
By accessing, using and downloading the Websites you are indicating your acceptance
to be bound by these terms and conditions and you re-affirm that acceptance every
time you access the Websites. The Websites are provided by Mach X Games and this agreement, comprising of these terms and conditions
and the privacy policy (as detailed below) ("this Agreement") is between Mach X Games and you.
Browse at your own risk
You access and use the Websites at your own risk. Mach X Games is not responsible
for any type of loss or damage which you may sustain as a result of accessing and
using the Websites.
Mach X Games assumes no responsibility for the contents of any other website
to which the Websites have links and if you access any such linked websites you
do so at your own risk and you are advised to check the terms and conditions of
use and privacy policy of such linked websites before using such websites. Mach X Games'
inclusion of links to such websites does not imply any endorsement or
approval by Mach X Games of the materials on such websites and Mach X Games will not have any
liability in connection with any of them. Mach X Games does
not permit any third party to operate a link to the Websites without obtaining the
prior written consent of Mach X Games.
The Websites are accessed via the worldwide web ("WWW") which is independent of
Mach X Games. Your use of the WWW is at your own risk and subject to all applicable
national and international laws and regulations. Mach X Games has no responsibility
for any information or services obtained by you on the WWW.
Mach X Games reserves the right to make subsequent changes to, modify, supplement,
move or delete portions of or add to the Websites at any time with or without notice.
Intellectual Property Rights
All copyright and other rights (including database rights, trademarks and designs
whether registered or unregistered and all other intellectual property rights) in
and to the Websites and their contents (which for the avoidance of doubt shall include
all information contained in or available from the Websites) ("the Contents") are
owned by or licensed to Mach X Games. Without prejudice to the generality of
the foregoing, all games, titles, images, names, logos and trademarks mentioned
or displayed on the Websites (including the Mach X Games logo and in
relation to all consoles, the manufacturers of those consoles, games and the publishers
of those games which are referred to in the Websites) are protected by copyright,
registered trade marks and/or unregistered trade marks which are the property of
their respective owners.
Unless Mach X Games explicitly states otherwise in writing, you shall not use,
view, download or print any of the Contents unless it is for your personal non-commercial
use only. You shall not make any alterations to any of the Contents or any part
of the Websites (except solely in respect of any comments or materials added by
you to the forum contained on the Websites, as referred to below) and you shall
not change or delete any copyright, trademark or other proprietary notices. Under
no circumstances may you use any Content in a manner that may give a false or misleading
impression of Mach X Games.
None of the Contents may be copied or otherwise incorporated into or in any way
stored in any other website, electronic retrieval system, publication or any other
type of work in any format (including hard form, electronic form or otherwise) by
you. Without limitation to the above, caching of the Websites is permitted by an
information service provider acting in the normal course of its business as provided
for the Electronic Commerce (EC Directive) Regulations 2002.
Prohibition on Submissions of Game Ideas
Please note that Mach X Games does not accept any external game idea submissions
made by any third party including you.
Therefore please do not send Mach X Games any game ideas, scripts, game level
ideas, etc. which you may have. Mach X Games cannot accept them and will not
read them. Mach X Games has its own design process which creates many viable
game ideas and therefore does not have the time or bandwidth to develop ideas from
external sources. Mach X Games advises budding game designers to apply as level
designers elsewhere first - in our opinion
a pure games design role is very hard to come by nowadays!
If you are determined to see your original idea as a game (by selling it rather
than joining a company to design games), here's a couple of ideas. Get yourself
a lawyer and/or agent and protect the idea to the fullest extent possible. Make
sure you've detailed and made a record of the game very well - storyline, levels,
characters, game-play, weapons, vehicles, pick-ups, graphics, sound, coding requirements,
special effects, etc. Make sure you've got all the logistics worked out - team size,
timescales, platforms, costings, research, equipment, external resource such as
motion capture, etc. Otherwise in our opinion no publisher or developer will take
you seriously.
Other Specific Prohibitions
The Contents may not be copied, reproduced, transmitted, disseminated or otherwise
used for any commercial purpose in part or in whole without the prior written consent
of Mach X Games and you may not use, adapt or create derivative works from
it for any commercial purpose.
In addition, you may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Websites nor may you attempt to decipher,
de-compile, disassemble or reverse engineer any of the software comprising or in
any way making up a part of the Websites.
Mach X Games does not permit any third party to frame the Websites in any way
without obtaining the prior written consent of Mach X Games. No part of the
Websites may be reproduced in any way on any other website.
Forum
The following additional provisions set out below shall apply in respect of your
use of any forum or chat room facilities or other public areas which may be available
on or via the Websites (collectively "forum").
While Mach X Games, the webmaster, administrators and/or moderators of the
forum will attempt to remove or edit any generally objectionable material as quickly
as possible, it is impossible to review every message. Therefore you acknowledge
that all posts made on or to the forum are public and not private communications
and that they express the views and opinions of the applicable authors thereof and
not Mach X Games, the webmaster, administrators and/or moderators of the forum
or any other third parties (except for posts by these people) and hence Mach X Games, the webmaster, administrators and/or moderators of the forum and any
other third parties will not be deemed to endorse any such posts nor be held liable
or responsible in respect thereof and the applicable authors shall be solely liable
and responsible for all such posts made by him/her.
You agree not to post on or to the forum any advertisements or junk mail or any
comments or material which are or may:
(i) be abusive, disparaging, obscene, vulgar, hateful, harassing, intimidating,
threatening, racist, defamatory, demeaning, harmful, profane or sexually, religious
or gender orientated or otherwise disrespectful or damaging to the Websites, Mach
X Games, the webmaster, administrators and/or moderators of the forum or any other
third parties; or
(ii) violate any applicable laws, regulations or treaties including anything which
may infringe the rights of any third party; or
(iii) promote or solicit any activity referred to in paragraphs (i) and (ii) above;
or
(iv) lead others to believe you are another person or entity other than your true
self; or
(v) otherwise be in violation of the terms and conditions of this Agreement
nor may you otherwise engage in conduct which Mach X Games determines in its
sole discretion to be unacceptable. Doing so may lead to your access to the Websites
being denied and to you being immediately and permanently banned from the Websites
(and your service provider being informed). The IP address of all posts is recorded
to aid in enforcing these conditions relating to your use of the forum.
You agree that Mach X Games, the webmaster, administrators and/or moderators
of the forum have the unconditional right, without notice or any compensation, to
republish in whole or part any comments or material posted on or to the forum by
you and to review, remove, edit, modify, move or close any comments or material
posted on or to the forum or any topic being discussed on the forum at any time
should they see fit at their sole discretion.
As a user of the Websites you agree to any information which you may enter in the
process of signing up as a [member of the Websites] [no further info is stored is
it?] being stored in a database for the purpose of [forum login and community building]
[what does this mean?]. In addition your email address will be used for confirming
your registration details and password (and for sending you a new password should
you ever forget your current one).
Such information shall include your login name, email address and password and any
additional information which you may provide such as your location, instant messenger
address and Xbox Live gamer tag. In addition, the forum uses temporary cookies to
store information on the local computer of [members of the Websites] to save members
from having to login again every time they visit the Websites.
While no such information will be disclosed to any third party without your consent
Mach X Games, the webmaster, administrators and/or moderators of the forum
cannot be held responsible for any hacking attempt that may lead to the information
being compromised.
Please note the provisions below relating to personal details.
Liability
The Websites and the Contents are provided for information purposes only and whilst
Mach X Games has taken every care in the preparation of the Websites and the
Contents, Mach X Games cannot guarantee that the Websites and the Contents
will be completely up to date and free of mistakes.
To the fullest extent permitted by applicable law Mach X Games excludes all
liability (other than for death or personal injury caused by Mach X Games'
negligence) for the Websites and the Contents and makes no and excludes and disclaims
all warranties, representations and/or undertakings (express or implied) about the
Websites and the Contents (including in each case the accuracy, reliability, suitability,
quality, availability or completeness thereof) all of which are accessible to you
solely on an "as is" basis and Mach X Games shall not be liable for any loss
or damage which may arise from reliance on or use of or in connection with the Websites
and/or the Contents.
In no event shall Mach X Games be liable for any indirect, punitive, incidental,
special or consequential damages arising out of or in any way connected with your
use of the Websites or the Contents or with any delay or inability to use the Websites
or the Contents or otherwise arising out of your use of the Websites or the Contents,
whether based on contract, tort, strict liability or otherwise, even if Mach X Games
has been advised of the possibility of such damages. Because some jurisdictions
do not allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
Mach X Games makes no claims or representations that the Websites and any or
all of the Contents may be lawfully viewed or downloaded outside the United States and unless otherwise specifically stated, the Websites and the Contents are directed
solely at users who access the Websites and the Contents from the United States.
Access to and the downloading of the Websites and the Contents may not be legal
by certain persons or in certain countries. If you choose to access or download
the Websites and the Contents from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction or the
jurisdiction in which you are accessing or downloading the Websites and the Contents.
You shall be personally responsible and liable to Mach X Games for your use
of the Websites (including where such use adversely affects the availability of
the Websites to other users) and for all of your communications made in connection
with the Websites including any comments or material which you post to or on the
Websites.
Computer Viruses and Errors
Whilst Mach X Games will use reasonable endeavours to ensure that the Websites
do not contain or promulgate any errors, viruses, bugs, other malicious code or
harmful components and will be uninterrupted Mach X Games makes no warranty
or representation that this will be the case. However it is recommended that you
should virus check all materials downloaded from the Websites and regularly check
for the presence of errors, viruses, bugs, other malicious code and harmful components.
The exclusions of liability detailed in the 'Liability' section above shall apply
in connection with any damage or loss caused by errors, viruses, bugs, other malicious
code or harmful components originating or contracted from the Websites and any interruptions
in the running of the Websites.
Termination
Mach X Games shall have the right to immediately terminate your use of the
Websites if Mach X Games determines in its sole discretion that you have breached
any terms and conditions of this Agreement or have otherwise been engaged in conduct
which it determines in its sole discretion to be unacceptable.
Feedback
Should you wish to make any comments to Mach X Games about the Websites or
if you have any questions relating to the same please contact Mach X Games
by emailing the Webmaster at Mach X Games at the following e mail address: admin AT machxgames
DOT COMM.
General
Mach X Games reserves the right to vary the terms and conditions of this Agreement
from time to time. Such variations become effective immediately upon the posting
of the varied Agreement on the Websites. By continuing to use the Websites after
such posting you will be deemed to accept such variations. You should visit this
page periodically to review the terms and conditions of this Agreement because they
are binding on you.
In the event that any term of this Agreement is held to be invalid, unlawful, void
or for any reason unenforceable, that term shall be deemed severable and replaced
by a revised provision which, being valid, lawful and enforceable, comes closest
to the intention of Mach X Games underlying the invalid, unlawful, void and/or
unenforceable term and the remainder of this Agreement shall remain valid and enforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term.
You understand and agree that Mach X Games' performance of this Agreement is
subject to applicable existing laws and legal process and nothing contained herein
is in derogation of Mach X Games' right to comply with law-enforcement requests
or requirements relating to your use of the Websites or to information provided
to or gathered by Mach X Games with respect to such use.
Except as expressly provided in additional terms of use for areas of the Websites,
this Agreement, together with Mach X Games' Privacy Policy referred to above,
constitutes the entire agreement between you and Mach X Games with respect to your use of the
Websites save that any rights to which Mach X Games may
be entitled which are not expressly referred to herein are hereby reserved by Mach X Games. Where such areas are subject to additional terms of use, by using such
areas or any part thereof, you agree to be bound by such additional terms applicable
to such areas.
This Agreement is governed and construed in accordance with the law of the United
States. You and Mach X Games each submit to the non-exclusive jurisdiction of
the U.S. courts in relation to disputes arising out of this Agreement.
All games, titles, images, logos and information contained in these pages is Copyright
to the Organisations and Companies to which the rights belong. Do not reproduce
any of this information without prior consent from the Companies concerned. Text
from these pages is Copyright © Mach X Games.