Terms of Service

MX vs ATV COMMUNITY SITE TERMS OF SERVICE

READ CAREFULLY BEFORE CONTINUING

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THQ INC. BY SIGNING UP FOR AN ACCOUNT AND USING THE MX vs ATV COMMUNITY SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE THE MX vs ATV COMMUNITY FORUM.

Welcome to MX vs ATV Community SITE (“MXATVCS”). Nothing in this Agreement shall be interpreted as granting you any rights or privileges of any kind with respect to MXATVCS. MXATVCS is provided on an "as is" "as available" basis and THQ makes no warranty to you of any kind, express or implied.

Ownership. MXATVCS is the copyrighted work of THQ and all use of the MXATVCS on-line service (the "Service") is governed by the terms and conditions contained in this Agreement, including any future revisions (hereafter referred to as the "Terms of Use" or "Agreement"). This Agreement is in addition to, and does not replace or supplant, the End User License Agreement that accompanied the MXATVCS software (the "EULA") and to which the MXATVCS software is subject. Any use of MXATVCS not in accordance with the Terms of Use or the EULA is expressly prohibited. You represent that you are over the age of eighteen (18) years old, or over the age of majority in the country where you are a citizen, and agree to these Terms of Use on behalf of yourself.

1. Establishing an Account.

1.1. You may establish one (1) user account (the "Account") pursuant to the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be 18 or older. You may not share the Account with anyone. You are liable for all uses of the Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by THQ.

1.2. To register for an Account you will be required to provide THQ with: (i) your first and last name, e-mail address, username, date of birth, language and time zone. As such, it is imperative that you provide THQ with accurate, up to date information. In the event that THQ learns that you have provided false or misleading registration information, THQ reserves the right to immediately terminate and disable or delete the Account.

1.3. During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as "Password"). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. THQ is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. THQ is not responsible in the event that the Account is "hacked," or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. The user name you choose shall be subject to the naming guidelines contained in this Terms of Use Agreement.

1.4. THQ does not recognize the transfer of Accounts. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and will result in termination of the Account.

2. MXATVCS Rules of Conduct.
MXATVCS is governed by certain rules of conduct that must be adhered to by all users of MXATVCS. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be exhaustive, and THQ reserves the right to determine which conduct it considers to be outside the spirit of MXATVCS and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. THQ reserves the right to modify these Rules of Conduct at any time pursuant to Section 9 of this Agreement. Any material, including but not limited to, sketches, drawings, ideas, concepts, photos, audio recordings, visual recordings (“Material”), that You post on MXATVCS becomes property of THQ. THQ has the right to use the Material in for any purpose, included but not limited to game development, marketing and manufacturing of our products.

2.1. Rules.
The MXATVCS is here to provide you with an environment where you can discuss ideas, give game play advice, and converse about any other aspects of MX vs ATV Guerilla with other players. Community forums are at their best when participants treat their fellow posters with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in these forums.

The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other community members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, the forum moderators shall have full discretion to address any behavior that they feel is inappropriate. THQ reserves the right to suspend your access to the MXATVCS forums at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines.

User Name.
Each user will select a user name during the registration process. If THQ finds such a user name to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of your Account.
In particular, you may not use any name:

2.1.1. Belonging to another person with the intent to impersonate that person, including without limitation an employee or agent of THQ.

2.1.2. That incorporates 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

2.1.3. That belongs to a popular culture figure, celebrity, or media personality;

2.1.4. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

2.1.5. Belonging to any religious figure or deity;

2.1.6. Related to drugs, sex, alcohol, or criminal activity;

2.1.7. Referring to pop culture icons or personas. You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.

2.2 General:

2.2.1. You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use this website for commercial purposes of any kind,

2.2.2. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the MXATVCS Sites or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the MXATVCS Sites;

2.2.3 You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph;

2.2.4 You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;

2.2.5 You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements that do not generally pertain to the designated topic or theme of the forum;

2.2.6 You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.

2.2.7 You will not communicate or post any user's personal information in or on the MXATVCS website, or websites or forums related to MXATVCS.

2.2.8 Post any content or language which, in the sole and absolute discretion of THQ, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

3. Consequences of Violating the THQ Terms of Service.
THQ may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of MXATVCS. Violation of any of the terms and conditions set forth above may result in actions being taken by THQ, effective immediately or at a time determined by THQ, which may include without limitation: (i) temporarily suspending your access to MXATVCS, or (ii) permanently terminating your access to MXATVCS. Without limiting the foregoing, THQ retains the right to decline service to any user who violates the MXATVCS Terms of Use or the EULA.

4. Administration of MXATVCS; Changes to the Terms of This Terms of Use Agreement.
THQ reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any MXATVCS feature, hours of availability, content, data, software or equipment needed to access MXATVCS. THQ will post notification of any such changes to MXATVCS on the MXATVCS website and will post any revised Terms of Use in this location, and may provide such other notice as THQ may elect in its sole and absolute discretion, which may include by email, postal mail, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your MXATVCS account and terminate the Account. The continued use of MXATVCS by you following notice of changes to this Agreement will mean you accept any and all such changes. THQ may change, modify, suspend, or discontinue any aspect of MXATVCS at any time. THQ may also impose limits on certain features or restrict your access to parts or all of MXATVCS without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of MXATVCS, any game data or in any terms or conditions of access to or use of MXATVCS.

5. Ownership.
All title, ownership rights and intellectual property rights in and to MXATVCS (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into MXATVCS, transcripts of the chat rooms, character profile information, recordings of games played on MXATVCS, and the MXATVCS client and server software) are owned by THQ or its licensors. MXATVCS is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. MXATVCS may contain certain licensed materials, and THQ's licensors may protect their rights in the event of any violation of this Agreement.

6. Termination.
This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. THQ reserves the right to terminate this Agreement without notice, if, in THQ's sole and absolute discretion, you fail to comply with any terms contained in these Terms of Use or the MXATVCS EULA.

7. Acknowledgments.
You hereby acknowledge that:

7.1. WHEN RUNNING, THE MXATVCS SOFTWARE, THQ MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH MXATVCS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN THQ 'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE MXATVCS INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY THQ; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH MXATVCS. IN THE EVENT THAT MXATVCS DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THQ MAY (a) COMMUNICATE INFORMATION BACK TO THQ, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER SECTION 6 OF THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

7.2. You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to MXATVCS's servers.

7.3. THQ has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

7.4. THQ has the right to obtain "non-personal" data from your connection to MXATVCS in order to make certain demographic assumptions regarding the users of MXATVCS without any further notice to you.

7.5. In order to assist THQ to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that THQ shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying "cheaters," and for no other reason.

7.6. THE INFORMATION, CONTENT AND MATERIALS ON MXATVCS SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY MXATVCS SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MXATVCS SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY MXATVCS SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY MXATVCS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any MXATVCS Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any MXATVCS Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information)..

7.7. The use of any "user interface" other than the user interface that is included in the MXATVCS Software ("Third Party User Interface") is not recommended by THQ, and you hereby agree to indemnify and hold harmless THQ from all claims, damages, and other losses which may arise from your use of a Third Party User Interface. At such time that THQ elects to post a list of approved Third-Party User Interfaces on its website, you agree that you will use only those Third-Party User Interfaces approved by THQ, and that you will use no other Third-Party User Interfaces in connection with MXATVCS.

7.8. NEITHER THQ NOR SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE MXATVCS INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, THQ SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY MXATVCS. MOREOVER, NEITHER THQ NOR SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL THQ BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

7.9. You may not be able to access MXATVCS whenever you want, and there may be extended periods of time where you cannot access MXATVCS.

7.10. THQ shall not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of THQ ; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond THQ 's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

7.11. MXATVCS requires the creation and retention of electronic files, including without limitation player characters, accounts, statistics, user profiles, etc. ("SC Data"), which are stored by THQ. While keeping SC Data safe is a priority of THQ, note that THQ shall not have any liability for the loss of any SC Data for any reason whatsoever.

7.12. THQ reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation SC Data and any other information accumulated, stored or uploaded on MXATVCS;

7.13. You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your MXATVCS account is aware of the terms of and complies with this Agreement.

8. Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that THQ would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that THQ shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as THQ may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

9. Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, Los Angeles County, without giving effect to any principles of conflicts of law.

10. Miscellaneous.
The Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list o Specially Designated Nationals or the U.S. Commerce Department Table or Deny Orders. If you do not meet these criteria or are not sure, do not install or download the Software. If you live in such a country, no license is granted hereunder.