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    RCT Inc.'s TOS (Terms Of Service)    

 

 

Roller Coaster Tycoon Inc. Terms of Service

 

When using the Roller Coaster Tycoon Inc. (hereinafter RCT Inc.) web site, you agree to the following terms and conditions (the "Terms of Service"). You can always check the most current version of these Terms of Service at this page. In addition, when using particular RCT Inc. services, you shall be subject to any posted guidelines applicable to such services, including the applicable terms or conditions applicable to RCT Inc. services provided in conjunction with any of the RCT Inc. content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the RCT Inc. Service following the posting of changes to these terms will mean you accept those changes.

 

Overview

 

RCT Inc. is a multi-purpose service, which allows you to use or access a wealth of services, including, but not limited to, news, information and broad range of other content (collectively the "RCT Inc. Service"). These Terms of Service apply to the RCT Inc. Service as well as any new products or services that we may add in the future (unless stated otherwise).

 

General Terms of Service and Restrictions on Use of Materials

 

By using the RCT Inc. Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, RCT Inc. reserves the right to terminate your access the RCT Inc. Service. RCT Inc. may discontinue or alter any aspect of the RCT Inc. Service, including, but not limited to, (i) restricting the time the RCT Inc.  Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the RCT Inc. Service, at the sole discretion of RCT Inc. and without prior notice or liability. You are responsible for all charges associated with connecting to the RCT Inc. Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the RCT Inc. Service. You further certify that you are an individual.

You acknowledge that the RCT Inc. Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and RCT Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The RCT Inc. name and logo are exclusively licensed to JackoLtd. All other trademarks appearing on the RCT Inc. Service are trademarks of their respective owners. The partners of RCT Inc. may also have additional proprietary rights in the content which they make available through the RCT Inc. service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by RCT Inc., the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by RCT Inc. RCT Inc. does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

 

Community Standards and Conduct in RCT Inc. Forums

 

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the RCT Inc. Service. RCT Inc.  does not control all of the Content posted via the RCT Inc. Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the RCT Inc.  Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RCT Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the RCT Inc. Service.

You agree to not use the RCT Inc. Service (including the RCT Inc. Forums described below) to:

upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another user’s privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, a RCT Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the RCT Inc. Service or an RCT Inc. Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; ;

"stalk" or otherwise harass another member or user of the RCT Inc. Service; or

collect or store personal data about other users, or members.

A "Forum" refers to a chat area, bulletin board, "instant messaging" or virtual community offered as part of the RCT Inc. Service. The Forums shall be used only in a noncommercial manner. You shall not, without the express written approval of RCT Inc. and the general counsel of RCT Inc., distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

All RCT Inc. Forum communications, including chat and bulletin board communications are public and not private communications. Although RCT Inc. reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Your privilege to use the RCT Inc. Forums and contribute to discussions on the RCT Inc. Forums depends on your compliance with the member conduct guidelines set forth above. RCT Inc. may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, RCT Inc., in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.

Parental permission is required for children 12 years of age or under to use any RCT Inc. Forums. Please remember, when using any RCT Inc. services or Forums, you agree to abide by the member conduct guidelines set forth above. RCT Inc. does not permit registered users under the age of 13 to participate in chat.

RCT Inc.  reserves the right to monitor some, all, or no areas of RCT Inc. Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, RCT Inc.  is acting as a passive conduit for such distribution and RCT Inc.  is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.

 

Submissions

 

By posting or submitting content to the RCT Inc. Web Site, you grant RCT Inc. and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by RCT Inc. will not infringe or violate the rights of any third party.

If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of RCT Inc. None of the Submissions shall be subject to any obligation of confidence on the part of RCT Inc., and RCT Inc.  shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, RCT Inc. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

 

Links

 

The RCT Inc. Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RCT Inc. has no control over such sites and resources, you acknowledge and agree that RCT Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RCT Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

DISCLAIMER

 

RCT Inc. uses diligent efforts to maintain the RCT Inc. Service, but RCT Inc. is not responsible for any defects or failures associated with the RCT Inc. Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, RCT Inc. makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the RCT Inc. Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the RCT Inc. Service may locate unintended and objectionable content.

 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

 

THE RCT INC. SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK RCT INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, RCT INC. MAKES NO WARRANTY THAT THE RCT INC. SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE RCT INC. SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE RCT INC. SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RCT INC. SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM RCT INC. PERSONNEL OR THROUGH THE RCT INC. SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.

 

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RCT INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RCT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE RCT INC. SERVICE AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE RCT INC. SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RCT INC. SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE RCT INC. SERVICE OR OPERATION OF THE RCT INC. SWEEPSTAKES. IN NO EVENT SHALL RCT INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Termination and modification

 

You agree that RCT Inc., in its sole discretion, may terminate your use of the RCT Inc. Service, and remove and discard any Content within the RCT Inc. Service, for any reason, including, without limitation, for lack of use or if RCT Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. RCT Inc. may also in its sole discretion and at any time discontinue providing the RCT Inc. Service, or any part thereof, with or without notice. You agree that any termination of your access to the RCT Inc. Service under any provision of this Terms of Service may be effected without prior notice. Further, you agree that RCT Inc. shall not be liable to you or any third-party for any termination of your access to the RCT Inc. Service.

 

Governing Law and Other Miscellaneous Terms

 

These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the state of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and RCT Inc. relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of the successors, assigns and licensees of RCT Inc.

 

COPYRIGHT AND COPYRIGHT NOTICES

 

RCT Inc. respects the intellectual property of others, and we ask our users to do the same. RCT Inc. may, in appropriate circumstances and at its discretion, terminate the privileges of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide General Counsel of RCT Inc. with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

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

Please contact the General Counsel for RCT Inc. for Notice of claims of copyright infringement:

Christopher Jackson
Owner of RCT Inc.
jackoltd@tycoonplanet.com

 

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