Terms of Service and End User License
IMPORTANT: YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SEEMEPLAYME SITE. THESE TERMS AND CONDITIONS, TOGETHER WITH THE SEEMEPLAYME SOFTWARE LICENSE, REPRESENT THE COMPLETE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND WEB ENTERTAINMENT, LLC. WHICH OWNS AND OPERATES SEEMEPLAYME. YOUR USE OF SEEMEPLAYME INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT AND OR UNINSTALL SEEMEPLAYME.
Web Entertainment, LLC will make available the most current TOS on the SeeMePlayMe.com web site. You are responsible for regularly reviewing the TOS. Web Entertainment, LLC may modify the TOS at any time with or without notice to you. In any case, such modifications shall be effective when posted by Web Entertainment, LLC. Each time you use SeeMePlayMe, you will be deemed to have accepted any and all changes to the TOS.
All SeeMePlayMe game servers are non refundable, even if the servers are not used. SeeMePlayMe does not guarantee third party programs such as BF2CC or other programs will work on your machine. We also do not provide support any program that is beta or does not belong to SeeMePlayMe. SeeMePlayMe does not offer technical support for punkbuster or advanced punkbuster features on game servers. We offer only standard pb installs with FTP access. Any reinstalls of punkbuster due to user malfunction may incurr a fee. Due to contractual issues with our providers in the UK and unforeseen issues we reserve the right to increase subscription fees for UK based servers at anytime. All games are installed with the latest version and or patches only. Any other versions besides those most recent are your responsibility to install if you have the proper ftp access.
Cancelation policy for Americas Army Honor Servers
The cancelation process for Americas Army servers is instant and automated through AAHonor.com. Cancelations are processed instantly and honor is lost upon cancelation. If you wish you cancel and keep honor please cancel on the day your server payment is due. We will not refund unused server days due to honor being lost upon cancelation of an Americas Army Server.
Dedicated servers require a 30 day cancelation notice upon cancelation. You must email firstname.lastname@example.org, email@example.com, or cancel through paypal directly to have your server cancellled. No refunds are given for unused servers or servers that are shut down for abuse. Late payments for dedicated server may put your account at risk for suspension even if for one day late. We are not responsible for loss of data in the event of a server crash, suspension or other unforseen issues. It is your responsibilty to update your data.
(i) Registration. You agree to provide Web
Entertainment, LLC with ongoing, accurate, complete, and updated
registration information. Failure to do so constitutes a breach
of this TOS and unauthorized access to SeeMePlayMe.com, and
may result in immediate termination of your account and subject
you to civil and/or criminal liability.
(ii) Master Account and Sub-Accounts When
you register online for SeeMePlayMe.com, you will receive
a password and a master account ("Master Account").
You are entirely responsible for any and all activities conducted
through your Master Account and any sub-accounts or Member-names
under your Master Account ("Sub-Accounts"). You
may permit another individual, including a minor, to use your
Master Account or Sub-Accounts subject to your supervision
and assumption of all resulting liabilities. You agree to
notify Web Entertainment, LLC immediately of any unauthorized
use of your password or any of your accounts, or of any other
breach of security.
(iii) Passwords. Upon your registration as
a Member of SeeMePlayMe.com, you will select a password. You
are responsible for maintaining the confidentiality of your
password and are liable for any harm resulting from disclosing
or allowing disclosure of any password or from use by any
person of your password to gain access to your Master Account(s)
or any Sub-Accounts. Therefore, for security purposes, Web
Entertainment, LLC recommends that you change your password
often. (You can do this by selecting the "Tool Box"
button on the SeeMePlayMe.com client, then "Update Profile"
function of the SeeMePlayMe.com client software.) At no time
should you respond to an online request for a password, except
when prompted by the SeeMePlayMe.com client or for special
SeeMePlayMe.com promotional programs. Web Entertainment, LLC
employees will never ask for your password online. You acknowledge
that although SeeMePlayMe.com offers a feature that allows
you to bypass the password protection, this feature permits
anyone who has access to your computer to easily access your
Master Account and/or Sub-Accounts. Use of this password bypass
feature is at your own risk. YOU ARE FULLY LIABLE FOR ALL
CHARGES UNDER YOUR MASTER ACCOUNT AND/OR SUB-ACCOUNTS, INCLUDING
ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNTS.
(iv) Member Names. Upon your registration
as a Member of SeeMePlayMe.com, you must choose one or more
Member names to identify yourself to other Members and SeeMePlayMe.com
staff. You may not select or use a Member name of another
person (unless it is also your name), or a name which violates
any third party's trademark right, copyright, or other proprietary
right, which is or may be illegal, which may cause confusion,
or which Web Entertainment, LLC deems in its discretion to
be vulgar or otherwise offensive. Web Entertainment, LLC reserves
the right to delete any vulgar or otherwise offensive Member
name, or to require deletion thereof.
(v) Former Members. Members whose accounts
have been terminated by Web Entertainment, LLC may not access
SeeMePlayMe.com in any manner or for any reason without the
express written permission of Web Entertainment, LLC. Active
Members may not knowingly allow former Members who have been
terminated to use the active Members' accounts.
You agree that Web Entertainment, LLC may access and disclose any information about you or your accounts, if Web Entertainment, LLC believes in good faith that such action is reasonably necessary to comply with the law, to comply with legal process, to operate its systems properly, or to protect itself, its Members, or others.
Copyright, Patent, and Trademark Notices
SeeMePlayMe © 2002 Web Entertainment, LLC, All rights reserved.
SeeMePlayMe, and the SeeMePlayMe stylized logo are registered trademarks of Web Entertainment, LLC. SeeMePlayMe is also a servicemark and tradestyle of Web Entertainment, LLC. All other marks that appear throughout the Services belong to Web Entertainment, LLC or their respective owners, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Services without the express written consent of Web Entertainment, LLC or the owner of the mark, as appropriate, is strictly prohibited.
Intellectual Property Infringement Claims
It is the policy of Web Entertainment, LLC to respond expeditiously to claims of intellectual property infringement. Web Entertainment, LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices of sites not complying or substantially complying with the Digital Millennium Copyright Act, Web Entertainment, LLC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Web Entertainment, LLC will terminate access for subscribers and account holders who are repeat infringers.
Please direct any notices of claimed copyright infringement to the email address below:
INTELLECTUAL PROPERTY NOTICE "AAHONOR" and "Pragmatic Preferred provider" and their corresponding logos are copyrighted and/or trademarked by Pragmatic Solutions, Inc. "America's Army", "Honor", and "America's Army Honor" and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively.
WARRANTIES AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN CUSTOMER AND COMPANY, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET CUSTOMER'S REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET CUSTOMER'S EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND WITH CUSTOMER'S AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES THAT ARE NOT UNDER THE CONTROL OF COMPANY. COMPANY MAKES NO REPRESENTATINS WHATSOEVER ABOUT ANY OTHER WEB SITE TO WHICH YOU MAY HAVE ACCESS THROUGH THIS SITE. WHEN CUSTOMER ACCESSES A NON-COMPANY WEB SITE, THEY DO SO AT CUSTOMER'S OWN RISK AND COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, DATA, OPINIONS, ADVICE, OR STATEMENTS MADE ON THESE SITES OR FOR THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON SUCH SITES. COMPANY PROVIDES THESE LINKS MERELY AS A CONVENIENCE AND THE INCLUSION OF SUCH LINKS DOES NOT IMPLY THAT COMPANY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR USES OF SUCH WEB SITES. THIS SITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO COMPANY PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED OR MAY NOT BE OFFERED OR SUPPORTED IN CUSTOMER'S COUNTRY. THESE REFERENCES DO NOT IMPLY THAT COMPANY INTENDS TO ANNOUNCE OR OFFER SUCH PRODUCTS, SERVICES OR PROGRAMS IN CUSTOMER'S COUNTRY. ENTIRE AGREEMENT; AMENDMENTS
You acknowledge that Content transmitted on or
through SeeMePlayMe often occurs in real-time. Company reserves
the right, but shall have no obligation, to pre-screen, edit,
or control Content available on or through SeeMePlayMe or any
of its services, in its sole discretion. Some of the Content available
on or through SeeMePlayMe may contain explicit language, text,
sounds, pictures, or images which certain people may find offensive.
If you encounter Content which you find objectionable, your may
leave the room in which such Content appears or disconnect from
the SeeMePlayMe service. You agree to hold harmless Company and
its affiliates for all claims based upon communications made or
materials posted by others or the use of SeeMePlayMe by third
parties or other users.
The Software License Agreement states the rights
you are granted in connection with all software provided by Web
Entertainment, LLC.. By using SeeMePlayMe.Com you reaffirm on
an ongoing basis that you agree to be bound by the terms and conditions
of the then-current version of the Software License Agreement.
To the maximum extent allowed by law, Web Entertainment,
LLC., its licensors and subcontractors do not warrant any connection
to, compatibility with, transmission over, nor results or use
of, any network connection or facilities provided (or failed to
be provided) through SeeMePlayMe.Com. From time to time the porting
of a particular game may not be feasible and Web Entertainment,
LLC. may remove any such game from its "Coming Soon"
list without any liability to Member. Member is responsible for
assessing its own computer and transmission network needs, and
the results to be obtained therefrom.
YOU EXPRESSLY AGREE THAT USE OF SEEMEPLAYME.COM,
ALL SOFTWARE DISTRIBUTED BY WEB ENTERTAINMENT, LLC., AND THE INTERNET
ARE AT YOUR SOLE RISK. SEEMEPLAYME.COM AND ALL SOFTWARE DISTRIBUTED
BY WEB ENTERTAINMENT, LLC. AND ANY THIRD PARTY ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
YOU ACKNOWLEDGE THAT WEB ENTERTAINMENT, LLC. DOES
NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES
OFFERED BY THIRD PARTIES THROUGH SEEMEPLAYME.COM. WEB ENTERTAINMENT,
LLC. IS NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES,
AND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION
AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS
OF CONTENT DISTRIBUTED THROUGH SEEMEPLAYME.COM. WEB ENTERTAINMENT,
LLC. DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE
OFFERED THROUGH SEEMEPLAYME.COM BY ANY THIRD PARTY, WILL NOT BE
A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, AND WILL NOT BEAR
ANY RESPONSIBILITY FOR THEIR PRODUCTS, SERVICES, POLICIES OR ACTIONS.
MEMBERS USING ANY SUCH PRODUCTS AND SERVICES MAY BE SUBJECT TO
ADDITIONAL TERMS AND CONDITIONS RELATING TO THE USE OF SUCH THIRD
PARTY CONTENT, SOFTWARE OR SERVICES AND FAILURE TO ABIDE BY THOSE
ADDITIONAL TERMS AND CONDITIONS MAY RESULT IN TERMINATION OF MEMBERSHIP.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WEB ENTERTAINMENT, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF
TRADE, WITH RESPECT TO THE WEB ENTERTAINMENT, LLC. SERVICE, ALL
SOFTWARE DISTRIBUTED BY WEB ENTERTAINMENT, LLC., OR THE INTERNET.
WEB ENTERTAINMENT, LLC. MAKES NO WARRANTY THAT
SEEMEPLAYME.COM WILL MEET YOUR REQUIREMENTS, NOR THAT THE SEEMEPLAYME.COM
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WEB ENTERTAINMENT,
LLC. DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE
OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SEEMEPLAYME.COM.
WEB ENTERTAINMENT, LLC. ASSUMES NO RESPONSIBILITY
FOR ANY DAMAGES SUFFERED BY MEMBER, INCLUDING, BUT NOT LIMITED
TO, FAILURE OF A GAME TO BE PORTED TO WEB ENTERTAINMENT, LLC.
DESPITE ADVERTISING TO THE CONTRARY, LOSS OF DATA FROM DELAYS,
NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK
OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED
BY THE NEGLIGENCE OF WEB ENTERTAINMENT, LLC., ITS LICENSORS AND
SUBCONTRACTORS, OR MEMBER'S OWN ERRORS AND/OR OMISSIONS.
Web Entertainment, LLC. makes no warranty with
respect to any related software or hardware used or provided by
Web Entertainment, LLC. in connection with the Service. Any patent,
trademark, trade secret or warranty infringements, whether actual
or alleged, are the direct responsibility of the manufacturer
of said hardware or software product. Web Entertainment, LLC.
assumes no responsibility for any actions or liabilities arising
from the possession or use of these software or hardware products.
Web Entertainment, LLC. makes no warranty that defects in the
software will be corrected or that the Web Site or the server
that makes it available is free of viruses or other harmful components.
No advice or information, whether oral or written,
obtained by you from Web Entertainment, LLC. or through SeeMePlayMe.Com
shall create any warranty not expressly stated herein.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT WEB ENTERTAINMENT, LLC. SHALL
NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY WEB ENTERTAINMENT,
LLC. OR ITS ICPs OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION
OR CONTENT ON SEEMEPLAYME.COM. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL WEB ENTERTAINMENT, LLC. BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS,
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS, EVEN IF WEB ENTERTAINMENT, LLC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION
WITH SEEMEPLAYME.COM OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED
BY WEB ENTERTAINMENT, LLC., OR RESULTING FROM THE USE OR THE INABILITY
TO USE SEEMEPLAYME.COM, OR FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR TRANSACTION ENTERED INTO THROUGH OR FROM SEEMEPLAYME.COM,
OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS,
DATA, OR ACCOUNT.
YOU SPECIFICALLY AGREE THAT WEB ENTERTAINMENT,
LLC. IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT
OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS.
WEB ENTERTAINMENT, LLC.'S ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF SEEMEPLAYME.COM AND
ALL SOFTWARE DISTRIBUTED BY WEB ENTERTAINMENT, LLC. SHALL BE THE
REPLACEMENT OF ANY SOFTWARE DEVELOPED BY OR FOR WEB ENTERTAINMENT,
LLC. WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY WEB
ENTERTAINMENT, LLC.. WEB ENTERTAINMENT, LLC.'S LIABILITY TO YOU
FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO $15.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH STATES WEB ENTERTAINMENT,
LLC.'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless
Web Entertainment, LLC., its parents, subsidiaries, affiliated
companies, officers, employees, licensees, distributors and ICPs
from all losses, liabilities, claims, demands, damages or expenses,
including reasonable attorney's fees, (i) arising from breach
of this TOS by use of, or in connection with, the transmission
by or through your Master Account or Sub-Accounts of any Content
on SeeMePlayMe.Com, or (ii) asserted by any third party due to
or arising from or in connection with your use of or conduct on
SeeMePlayMe.Com. Web Entertainment, LLC. reserves the right, at
its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you hereunder,
which shall not excuse your indemnity obligations.
Either you or Web Entertainment, LLC. may terminate
your subscription to SeeMePlayMe.Com at any time with or without
cause. Your only right with respect to any dissatisfaction with
any (i) TOS term, or policy or practice of Web Entertainment,
LLC. in operating SeeMePlayMe.Com, (ii) Content available through
SeeMePlayMe.Com or change therein, or (iii) amount or type of
fees or billing methods, or change therein, is to terminate your
subscription to SeeMePlayMe.Com by canceling your subscription through paypal.com. Billing only
applies to SeeMePlayMe.Com Plus membership and certain special
events for which a charge may be levied. Prior to any such charges
being levied you will be prompted to accept any such charges and
submit your billing information. Your notice of termination will
be effective upon receipt by Web Entertainment, LLC., or upon
receipt of confirmation if confirmation is requested. If your
Master Account and Sub-Accounts are terminated or canceled, no
refund of any SeeMePlayMe.Com Plus or special event fees will
be granted and any online time credited to your Master Account(s)
or Sub-Accounts is not convertible to cash or other form of credit. Any member that is permanently banned for malicious or impermissible activity according to this agreement shall not be entitled to a partial or full refund of membership fees.
You may not engage in conduct or communication
while using SeeMePlayMe.Com which is unlawful or which restricts
or inhibits any other user from using or enjoying SeeMePlayMe.Com.
You agree to use SeeMePlayMe.Com only for lawful purposes. You
agree to abide by all applicable local, state, national and international
laws and regulations. Any conduct by you that in Web Entertainment,
LLC.'s sole discretion restricts or inhibits any other Member,
person or entity from using or enjoying SeeMePlayMe.Com or another
service will not be permitted and shall entitle Web Entertainment,
LLC. to immediately terminate your membership without notice.
Web Entertainment, LLC. reserves the right to
terminate your membership if it determines in its sole discretion
that you have engaged in any impermissible conduct. Web Entertainment,
LLC. reserves the right to exercise whatever means it deems necessary
to prevent unauthorized access to our service, including, but
not limited to, technological barriers, IP mapping, and direct
contact with your Internet Service Provider (ISP).
Set forth below by way of example, and not as
a limitation, are some common examples of impermissible conduct,
which may result in termination of your membership. This list
is not exhaustive. Web Entertainment, LLC. reserves the right,
but does not assume the responsibility, to restrict conduct which
Web Entertainment, LLC. deems in its discretion to be harmful
to individual Members, damaging to the communities which use SeeMePlayMe.Com,
or in violation of Web Entertainment, LLC.'s or any third party's
rights. You acknowledge that communications over SeeMePlayMe.Com
often occur in real-time, or may be posted on one of SeeMePlayMe.Com's
message boards or libraries, and Web Entertainment, LLC. cannot,
and does not intend to, review, screen or edit communications.
You may not post material or
use SeeMePlayMe.Com to:
(1) harass, threaten, embarrass
or cause distress, unwanted attention or discomfort upon another
user of SeeMePlayMe.Com or other person or entity,
(2) post or transmit sexually explicit
images or other content which is deemed by Web Entertainment,
LLC. to be offensive or harmful to minors,
(3) transmit any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene,
hateful, or otherwise objectionable Content, including but not
limited to material based on a person's race, national origin,
ethnicity, religion, gender, sexual orientation, disablement or
other such affiliation, even if masked by symbols or other characters,
(4) cause the screen to "scroll"
faster than other users are able to type to it, including but
not limited to entering a set of random characters, repeatedly
entering a carriage return or taking any action with a similar
(5) impersonate any person, including
but not limited to, an Web Entertainment, LLC. official or employee,
an ICP or ICP official or employee, or a moderator, forum leader,
guide or host, or communicate under a false name or a name that
you are not entitled or authorized to use, in any form of online
communication, including, but not limited to, Member names, Member
profiles, voice, text or graphic chat and message postings,
(6) disrupt the normal flow of dialogue
in a chat room or otherwise act in a manner that negatively affects
other users, individuals or entities, including but not limited
to repeatedly interrupting conversation between Members, posting flaming articles in our forum, acting
in such a way as to antagonize, harass or create hostility in
a chat room, forum, lobby, or making commercial postings, solicitations
(7) post or transmit chain letters,
pyramid schemes, junk mail, spamming or any duplicative or unsolicited
messages (commercial or otherwise),
(8) post or transmit any unsolicited
advertising, promotional materials, or other forms of solicitation
to other Members, individuals or entities, except in those areas
that are designated for such a purpose,
(9) violate any operating rule,
regulation, procedure, policy or guideline of any other interactive
service, or interfere with or disrupt networks connected to SeeMePlayMe.Com,
(10) intentionally or unintentionally
violate any applicable local, state, national or international
law or regulation,
(11) modify any files which Web
Entertainment, LLC. does not specifically authorize you to modify,
(12) knowingly distribute a virus,
worm, Trojan horse, time bomb, cancelbot, or other destructive
(13) knowingly distribute software
or content in violation of any license agreement,
(14) violate any U.S. law regarding
the transmission of technical data or software exported from the
(15) harvest or otherwise collect
information about others, including e-mail addresses, without
(16) transmit or use any material
that may infringe the intellectual property rights or other rights
of third parties, including trademark, copyright or right of publicity,
without the express permission of the Rights holder,
(17) attempt to gain unauthorized
access to SeeMePlayMe.Com, other member accounts, computer systems
or networks connected to SeeMePlayMe.Com, through password mining
or any other means, or
(18) use the HTML link capabilities
of your room or profile to negatively affect another member's
If you witness any conduct that violates Web Entertainment,
LLC.'s terms of conduct, Web Entertainment, LLC. encourages you
to contact Web Entertainment, LLC. Customer Service through any
means described on the Web Site. If you believe that your copyright
in any material has been infringed on the SeeMePlayMe.Com site,
please notify our Agent for Notice of copyright complaints. Web
Entertainment, LLC. will handle information you provide in its
sole discretion, and does not guarantee any action based on such
Web Entertainment, LLC. may provide Members with
personal publishing tools to enable Members to create personal
home pages or other Content. Use of such publishing tools will
be subject to this TOS. Web Entertainment, LLC. reserves the right
to require the removal of links or other content on or through
Members' home pages or personal Internet sites if providing such
content or links causes undue load or other problems on SeeMePlayMe.Com,
or constitutes impermissible member conduct.
This Agreement and the Software License Agreement
comprise the entire agreement between Web Entertainment, LLC.
and you, and supersede any prior agreements between you and Web
Entertainment, LLC. with respect to the subject matter hereof
or thereof. However, you are subject to any additional terms and
conditions of which you are notified and/or which may apply when
using third-party content, software or services. Web Entertainment,
LLC. reserves the right, at its discretion, to revise this TOS
at any time, and such revision shall be effective immediately
upon the posting of the revised TOS at the Web Site on www.SeeMePlayMe.Com.
You agree to review the TOS periodically to become aware of such
revisions. If any such revision is unacceptable to you, you may
terminate your membership as provided in Section 8. Your continued
use of SeeMePlayMe.Com following posting of the revised TOS on
the Web Site shall be conclusively deemed to be acceptance of
all such revisions.
You may not use, copy, modify, sublicense, rent,
sell, assign or transfer the license granted pursuant to this
TOS, or SeeMePlayMe.Com, except as expressly provided in this
TOS. Any assignment in violation of this TOS is void.
If any provision of this TOS is held to be unenforceable
or contrary to law for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable, and such
decision shall not affect the enforceability (i) of such provision
under other circumstances, or (ii) of the remaining provisions
hereof under all circumstances.
The paragraph headings contained in this TOS are
for the purposes of convenience only and are not intended to define
or limit the contents of said paragraphs, and have no legal or
Web Entertainment, LLC. and you are independent
contractors under this TOS. Web Entertainment, LLC.'s failure
to enforce at any time any of the provisions of this TOS shall
in no way be construed to be a present or future waiver of such
provisions, nor in any way affect the right of any party to enforce
each and every such provision thereafter. The express waiver by
Web Entertainment, LLC. of any provision, condition or requirement
of this TOS shall not constitute a waiver of any future obligation
to comply with such provision, condition or requirement. Notwithstanding
anything else in this TOS, no default, delay or failure to perform
on the part of Web Entertainment, LLC. shall be considered a breach
of this TOS if such default, delay or failure to perform is shown
to be due to causes beyond the reasonable control of Web Entertainment,
This TOS is governed by and construed in accordance
with the laws of the state of Texas and the United States
of America, excluding their conflict of law provisions. You and
Web Entertainment, LLC. agree to submit to the exclusive jurisdiction
of the courts located in the county of Williamson in the state
of Texas or the District of Texas. If any litigation
or proceeding is brought by either party against the other in
connection with this Agreement, the prevailing party in such litigation
or other proceeding shall be entitled to recover from the other
party all costs, attorneys' fees and other expenses incurred by
such prevailing party.
You and Web Entertainment, LLC. agree that any
cause of action arising out of or related to your use of SeeMePlayMe.Com
must commence within one (1) year after the cause of action arose,
notwithstanding any statute to the contrary, otherwise such cause
of action is permanently barred.
You acknowledge that you have read this TOS, understand
it, and agree to be bound by its terms and conditions. This TOS
represents the complete and exclusive statement of the agreements
concerning SeeMePlayMe.Com between you and Web Entertainment,
LLC. and supersedes all prior agreements between the parties.
1. Important. Read carefully before installing
or using this software. You must ACCEPT the terms of the SLA,
and the seemeplayme.com Agreement below, in order to download
the software and connect to the seemeplayme.com game service ("seemeplayme.com").
2. Acceptance. By installing and/or using the
accompanying software owned by or licensed to Web Entertainment,
LLC. Interactive, Inc. ("Web Entertainment, LLC."),
and any updates thereof (collectively, such software and updates
shall be referred to as the "Software"), you indicate
your acceptance of the terms and conditions stated below. You
must be at least 18 to accept this SLA. Minors may access seemeplayme.com
only by having an adult register for them and open an account
that the adult authorizes the minor to use. Web Entertainment,
LLC. will at times require that the registrant provide sufficient
information to indicate that the registrant is an adult. If you
do not agree to be bound by the terms of this SLA, you may not
use the Software, and, unless you received the Software bundled
with third party products on a single non-erasable CD or other
medium, you must promptly return the unused Software and any accompanying
materials, together with your proof of purchase, to the person
or entity from whom you obtained the Software if you obtained
the Software on media, or delete your copy of the Software if
you received it electronically.
3. License. Web Entertainment, LLC. grants you
(an entity or person), subject to the terms and conditions set
forth in this SLA, a non-exclusive, non-transferable license to
install the Software and use the Software, including the program
code and other files which make the Software compatible for play
on seemeplayme.com, and the written materials accompanying the
Software relating to the use of the Software on seemeplayme.com
(collectively, the Software and accompanying written materials
shall be referred to as the "Web Entertainment, LLC. Technology").
Subject to the terms and conditions of this SLA, the Software
may be installed and used on one or more computers, but only for
the limited purpose of using seemeplayme.com or, with respect
to the written materials only, for the limited purpose of deciding
whether to use seemeplayme.com.
4. Copyright. Web Entertainment, LLC. and/or Web
Entertainment, LLC.'s licensors shall retain all right, title
and interest, including all intellectual property rights, in and
to the Web Entertainment, LLC. Technology. You acknowledge that
the Web Entertainment, LLC. Technology is protected by United
States copyright laws and international treaty provisions and
agree not to remove any copyright or other proprietary or product
identification notices contained thereon. You acknowledge and
agree that the Web Entertainment, LLC. Technology may have been
developed by and may include software licensed by third party
licensors named in the copyright notice(s) included with the Software,
who shall be authorized to hold you responsible for any copyright
infringement or violation of this SLA.
5. Restrictions. You may not sublicense, rent
or lease the Web Entertainment, LLC. Technology. You may not reverse
engineer, reverse compile, reduce to human perceivable form, or
disassemble the Web Entertainment, LLC. Technology. You may not
copy or modify the Web Entertainment, LLC. Technology or the written
documentation except as necessary to execute the Software. The
Software may be installed on a noncommercial basis from the copy
of the Software that you have been licensed, on additional computers
by and for the use of end users who have read and who agree to
be bound by the terms of this SLA, but only if (i) the copy of
the Software that you have been licensed is not bundled with separately
licensed products on a single medium, and (ii) such installation
does not violate the terms of other applicable end user agreements
or the intellectual property rights of third parties. You may
not transmit the Software over a network.
6. Termination. This SLA is effective from the
date you receive the Software and remains in force until terminated.
You may terminate the license pursuant to this SLA at any time
by destroying all tangible embodiments or copies of the Web Entertainment,
LLC. Technology in your possession, including all backup copies
and all related materials. Your license rights hereunder will
automatically terminate without notice if you fail to comply with
any provision herein. Upon termination, you must destroy all tangible
embodiments or copies of the Web Entertainment, LLC. Technology
in your possession.
7. Export Law. This SLA is expressly subject to
any laws, regulations, orders or other restrictions on the export
from the United States of America of the Web Entertainment, LLC.
Technology or of information about the Web Entertainment, LLC.
Technology which may be imposed from time to time by the government
of the United States of America. Notwithstanding anything contained
in this SLA to the contrary, you may not export or reexport, directly
or indirectly, any Web Entertainment, LLC. Technology or information
pertaining thereto to any country an export license or other governmental
approval is required at the time of export or reexport with first
obtaining such license or approval. You may export the Web Entertainment,
LLC. Technology to Argentina, Australia, Austria, Barbados, Belgium,
Bolivia, Bulgaria, Canada, Costa Rica, Croatia, Czech Republic,
Cyprus, Denmark, Dominican Republic, Egypt, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Israel, Japan, Latvia,
Luxembourg, Malawi, Malaysia, Malta, Mexico, Netherlands, New
Zealand, Nicaragua, Norway, Panama, Portugal, Slovak Republic,
Slovenia, Singapore, South Africa, Spain, Sweden, Switzerland,
Togo, Trinidad and Tobago, United Kingdom, United States of America,
Uruguay and Zimbabwe.
8. Further Acknowledgments. You understand and
(i) in order to utilize many features of the Web
Entertainment, LLC. Technology, you will need to enter into an
additional agreement in connection with seemeplayme.com, and/or
acquire additional game software; and
(ii) Web Entertainment, LLC. may, in its discretion
or as required by its agreements with game suppliers, cease to
support such games on seemeplayme.com. Support that Web Entertainment,
LLC. may cease to provide may include server access, Web site
support and the provision of enabling software.
9. Disclaimer of Warranties. WEB ENTERTAINMENT,
LLC. AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE
WEB ENTERTAINMENT, LLC. TECHNOLOGY OR SEEMEPLAYME. IN PARTICULAR,
WEB ENTERTAINMENT, LLC. DOES NOT WARRANT THAT USE OF THE WEB ENTERTAINMENT,
LLC. TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT YOU
WILL HAVE UNINTERRUPTED, ERROR-FREE OR CONTINUED ACCESS TO SEEMEPLAYME.
10. Limitation of Liability. IN NO EVENT IS WEB
ENTERTAINMENT, LLC. OR ITS LICENSOR(S) LIABLE FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE WEB ENTERTAINMENT, LLC.
TECHNOLOGY OR SEEMEPLAYME EVEN IF WEB ENTERTAINMENT, LLC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification. You shall indemnify and hold
Web Entertainment, LLC. harmless from and against any and all
liabilities, losses, damages, costs and expenses (including legal
fees and expenses) associated with any claims, action or proceeding
brought against Web Entertainment, LLC. that may arise from your
breach of this SLA and permit Web Entertainment, LLC. to control,
in a manner not adverse to you, the defense, settlement, adjustment
or compromise of any such claim using counsel selected by Web
12. Specific Performance. Without limiting the
rights of each party hereto to pursue all other legal and equitable
rights available to such party for the other party's failure to
perform its obligations under this SLA, you acknowledge and agree
that the remedy at law for any failure to perform your obligations
hereunder or for your breach of the terms of this SLA would be
inadequate and you further agree that Web Entertainment, LLC.
shall be entitled to specific performance, injunctive relief or
other equitable remedies in the event of any such failure or breach.
The prevailing party in any action or proceeding to enforce or
interpret this SLA is entitled to recover reasonable attorneys
fees and disbursements.
13. U.S. Government Restricted Rights. Use, duplication
or disclosure by the Government is subject to restrictions set
forth in subparagraphs (a) through (d), excluding subparagraph
(c)(2)(iv), of FAR 52.227-19 when applicable, or in DFARS 227.7202-3,
and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer
is Web Entertainment, LLC. P.O. Box 3282, 402A W. Palm Valley Blvd, PMB 354, Round Rock TX, 78664.
14. General. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the license granted pursuant to this SLA, or the Web Entertainment, LLC. Technology, except as expressly provided in this SLA. Any assignment in violation of this SLA is void. If any provision of this SLA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this SLA are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. The SLA and the TOS are integrated agreements and the general provisions, apply to both. Web Entertainment, LLC. and you are independent contractors under this SLA. Web Entertainment, LLC.'s failure to enforce at any time any of the provisions of this SLA shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Web Entertainment, LLC. of any provision, condition or requirement of this SLA shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this SLA, no default, delay or failure to perform on the part of Web Entertainment, LLC. shall be considered a breach of this SLA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Web Entertainment, LLC..