Teknidome Copyrights

This Site is published and maintained by
Teknidome Gaming Centres, Inc.
An Office Mate Company
Copyright © 2008. All Rights Reserved.

No part of this site may be reproduced, transmitted, or commercially exploited in any form or by any means, electronically or manually, or by any information storage or retrieval system, without the written permission of Teknidome Gaming Centres, Inc. (hereinafter referred to as "TGC")

The following trademarks and tradenames are owned by TGC and may be used by TGC and its registered partners and subsidiaries in the United States, Canada and other countries: (names may change or be added without notice)

  • Teknidome
  • "Robot Skull Logo"
  • "Gaming For The Elite!"
 
 

Site Terms of Use

By accessing "teknidome.com" (hereinafter "we", "us", "our", "teknidome.com", "http://teknidome.com"), you agree to be legally bound by the following terms:

1. Purpose of this site "Teknidome.com" (herinafter referred to as "site") is provided as a communication medium for Teknidome Gaming Centre, Inc., its franchisees, partners, customers, and visitors. This is a public access site.

If you do not agree to be legally bound by all of the following terms then please do not access and/or use "teknidome.com". We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of "teknidome.com" after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

2. Privacy

Your privacy is very important to us at TGC. To better protect your rights we have provided the Teknidome.com Privacy Statement to explain our privacy practices in detail.

3. Limited License

TGC grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Service. However, this license does not allow you to make any commercial use or any derivative works or use of this Site (including any of its individual elements or content).

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, TGC's trademarks, logos or other proprietary information (including any Materials (defined above and in Use of Materials below), the content of any text, graphics, or the layout and design of any page or form contained on a page) without TGC's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a TGC name, trademark, URL, or product name without TGC's express written consent.

4. Use of Materials

All materials transmitted or published by TGC on the Site (including, but not limited to the text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the "Materials") are owned or controlled by TGC, its subsidiaries or affiliated companies or a third-party provider, and are protected by Canadian and international copyright, trademark, and other laws.

Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

5. Accounts and Security

To use Members Only areas of the Site, you must register with TGC to open a Membership Account. As part of the registration process, each user will select a password and user name. You shall provide TGC with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that TGC, in its sole discretion, deems inappropriate or offensive; or otherwise (iv) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account.

You agree to notify TGC of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or the Service under your user name and password.

TGC may immediately terminate your Account, or suspend your access to your Account, in its sole discretion without notice for any reason or no reason at all, including, without limitation, for conduct that TGC believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by TGC; or (iii) harmful to other users, third parties, or the business interests of TGC. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against TGC, or a claim which in any way involves TGC, then TGC may terminate your Account. Upon termination of your Account by TGC for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) TGC will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.

You may only use this Site, and/or open a Membership Account if your applicable jurisdiction allows you to accept this Terms of Service. If you are at least 16 years old but younger than 18 years old, you must get permission from a parent or legal guardian to open a Membership Account and that parent or legal guardian must agree to this Terms of Service, and our Privacy Statement.

6. Online Conduct and User Content

Please exercise respect when participating in any of the Site's, and/or the Service's community features such as forums, bulletin boards, chats, voice chat, etc. ("User Venues"). You understand that all information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted through User Venues, is the sole responsibility of the person from which such Content originated. This means that you, and not TGC, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via the User Venues. TGC does not control the Content posted or transmitted via the User Venues and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, and/or the Service, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to TGC through the User Venues.

Notwithstanding anything to the contrary, you promise that you will not:

  • remove any proprietary notices from this Site or any copy thereof;
  • cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of TGC;
  • make any false, misleading or deceptive statement or representation regarding TGC, the Site and/or the Service;
  • use the Site or the Service for any commercial purpose or the benefit of any third party, or any manner not permitted by the licenses granted herein or charge any person, or receive any compensation for, the use of the Site or the Service;
  • use the Site or the Service to, or in any way that would, violate any applicable law, regulation or ordinance;
  • sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Key, Account, password, or Items, including, without limitation, on or through the use of any third party web site or service;
  • use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, addon, hack, trainer, mod, cheat, Trojan-horse routing, trap door, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage, monitor, mine, enhance or disassemble the site or the Service;
  • attempt to decompile, reverse engineer, disassemble or hack the Site or the Service, or to defeat or overcome any encryption and/or digital rights management technology implemented by TGC with respect to this Site, the Service and/or data transmitted, processed or stored by TGC, the Site or the Service;
  • take any steps to interfere with or in any manner compromise any of TGC's security measures;
  • harvest or collect any information or communication about the Site or the Service or users of the Service by monitoring, interdicting or intercepting any process of the Site or the Service;
  • use the Site or the Service to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, (E) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site or the Service, (F) constitutes harassment or a violation of privacy or threatens other people or groups of people; or (G) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

Any time you upload, post or transmit Content to the User Venues, including but not limited to forums, bulletin boards or chats, you automatically grant TGC a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the Content posted by you in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the Content in advertising, promotion and publicity for the Site, the Service and TGC's and/or its affiliates' other products and services, in any and all media now known or hereafter devised.

7. Disclaimer

THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TGC OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SITE AND/OR THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, TGC, ITS AFFILIATES AND/OR BUSINESS PARTNERS DO NOT WARRANT THAT THE SITE, THE SERVICE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE. THE SERVICE AND/OR THE SERVERS THAT MAKE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

8. Limitation of Liability

IN NO EVENT SHALL TGC, ITS AFFILIATES AND/OR BUSINESS PARTNERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE SERVICE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF TGC, ITS AFFILIATES AND/OR BUSINESS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR THE SERVICE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THE SITE AND CEASE USE OF THE SERVICE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

9. Links to Third Party Sites

The links provided throughout the Site will let you leave the Site. These links are provided as a courtesy only, and the sites they link to are not under the control of TGC in any manner whatsoever. Therefore, TGC is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. TGC is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by TGC of any linked site and/or any of its content therein.

10. Term of Use

The license for use of the Site and the Service is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by TGC to effect such termination. Sections 4, 5, and 7 through 17 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Service.

11. Your Representations and Warranties

You represent and warrant that:

  • you possess the legal right and ability to enter into this Terms of Service and to comply with their terms;
  • you will use this Site and the Service for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies;
  • you will only use the Site and the Service on a computer on which such use is authorized by the computer's owner; and

12. Indemnity

You agree to indemnify, defend and hold harmless TGC, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of the Site or the Service.

13. Notification of Possible Copyright Infringement

TGC may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize TGC to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

TGC will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify TGC. Such notification must include all of the following:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;

(c) a description of the exact name of the infringing work on the Site (and the location of the infringing work, if it appears on the Site) or if the infringing work appears on a site linked to from the Site where the material that you claim is infringing is located on such site;

(d) information sufficient to permit TGC to contact you, such as your physical address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

14. Export Control Law; Notice to U.S. Government Users

By using this Site, you are certifying that you are not a national of any country embargoed under U.S. law and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

15. Severability

If any provision of this Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

16. Copyright

TGC holds the copyright for all copyrighted and copyrightable materials on the Site, including, without limitation, the TGC trademark, logo, design, text, graphics, forms and any other applicable Materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under Canadian and other copyright laws. TGC holds the copyright in the Materials as well as the collective work. The collective work includes works that are licensed to TGC. The collective work may also include works that are the property of TGC's licensors, which are also protected by copyright and other intellectual property laws.

17. Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of TGC used herein are trademarks or registered trademarks of TGC. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

18. Miscellaneous

TGC reserves all rights not expressly granted herein. TGC may modify this Terms of Service at any time by posting the revised Terms of Service on the Site. Your continued use of the Site and/or the Service shall constitute your acceptance of such revised Terms of Service. You may not assign any rights granted to you hereunder. Nothing in this Terms of Service shall constitute a partnership or joint venture between you and TGC. The failure of TGC at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Service shall be governed by and construed in accordance with Canadian laws without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Service against or relating to TGC or any Indemnified Party under this Terms of Service will be subject to the exclusive jurisdiction of any provincial or federal court sitting in Kelowna, British Columbia and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Service and any agreements included or referred to in this Terms of Service constitute the final, complete and exclusive agreement with respect to the Site and the Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about this Terms of Service or any issues raised in this Terms of Service or on the Site, please contacts us at: legal@teknidome.com.

 
 
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