1. Definitions: "rengaming.com" is the interactive online service operated by Renaissance Gaming Inc on the World Wide Web of the Internet, consisting of information services and content provided by Renaissance Gaming Inc, affiliated companies and third parties.
3. Changed Terms:Renaissance Gaming Inc shall have the right at any time to change or modify the terms and conditions applicable to your use of rengaming.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on rengaming.com, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of rengaming.com by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions.
4. Equipment: You shall be responsible for anydamages occurringduring any event hosted and organized by renaissance gaming inc. telephone, computer hardware and other equipment needed for access to and use of renaissance gaming inc and all charges related thereto.
5. Your Conduct: (A) You shall use rengaming.com for non-commercial, lawful purposes only and shall not post or transmit through rengaming.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Renaissance Gaming Inc 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that, in Renaissance Gaming Inc’s discretion, restricts or inhibits any other user from using or enjoying rengaming.com will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to: (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) rengaming.com or its computer network to make unauthorized entry to any other machine accessible via rengaming.com or its computer network, and (4) use of rengaming.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of rengaming.com to become users of other on-line services. Without limiting any other rights or remedies of Renaissance Gaming Inc, violations of the foregoing may result in removal of violating communications and/or early termination of your access to rengaming.com.
(B) You understand that access to this Site may result in access to other user's names, screen names, email addresses, or other user information (collectively, "User Information"), and you acknowledge and agree that such User Information and any Renaissance Gaming Inc services and/or any software used in connection with Renaissance Gaming Inc services ("Software") constitute proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further agree not to disclose or otherwise use any proprietary or confidential information appearing on the Site without the prior written consent of Renaissance Gaming Inc, whether such information is labeled "confidential" or "proprietary" or could reasonably be regarded as confidential or proprietary.
(C) rengaming.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of rengaming.com are copyrighted as a collective work under the United States copyright laws. Renaissance Gaming Inc owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. 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 as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Site will be permitted without the express permission of Renaissance Gaming Inc and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
(E) The foregoing provisions of Section 5 are for the benefit of Renaissance Gaming Inc, Renaissance Gaming Inc affiliated companies and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. General Terms of Purchase: The purchase terms in the following paragraph relate to items available for purchase on rengaming.com: (
The physical goods sold through Rengaming.com are shipped from various states and, therefore, tax may be charged and collected on all taxable shipments. For all shipments outside of the United States, the customer is responsible for all taxes, customs, and/or import duties. All items purchased from Renaissance Gaming Inc are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Listed prices may be changed by Renaissance Gaming Inc at any time without notice to you. The price listed on rengaming.com does not guarantee that purchase price until payment is made. If an incorrect price is listed due to typographical or other error, Renaissance Gaming Inc has the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by Renaissance Gaming Inc, Renaissance Gaming Inc will promptly issue a credit to your credit card account in the amount of the charge.
7. Disclaimer of Warranty; Limitation of Liability: (A) USE OF rengaming.com IS AT YOUR SOLE RISK. NEITHER Renaissance Gaming Inc, Renaissance Gaming Inc AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE " Renaissance Gaming Inc PARTIES") WARRANT THAT MLGPRO.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Rengaming.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Rengaming.COM (B) Rengaming.COMIS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Renaissance Gaming Inc IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITHYOU. (D) IN NO EVENT WILL Renaissance Gaming Inc THE Renaissance Gaming Inc PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Rengaming.COMOR THE Rengaming.COM SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Rengaming.COM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Rengaming.com (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Renaissance Gaming Inc NOR THE Renaissance Gaming Inc PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Rengaming.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE Renaissance Gaming Inc PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE Renaissance Gaming Inc PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE Rengaming.COM SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (i) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF Rengaming.COM AND RETAINED BY Renaissance Gaming Inc OR (ii) ONE HUNDRED DOLLARS ($100). (F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Renaissance Gaming Inc'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Monitoring:Renaissance Gaming Inc shall have the right, but not the obligation, to monitor the content of rengaming.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Renaissance Gaming Inc and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Renaissance Gaming Inc shall have the right to remove any material that Renaissance Gaming Inc, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. Indemnification: You agree to defend, indemnify and hold harmless Renaissance Gaming Inc, Renaissance Gaming Inc affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Site, including the posting of any content on this Site by you; and (iii) a violation by you of any applicable law.
11. Termination: You may unsubscribe at any time by sending an unsubscribe request to us at remove@ rengaming.com and we will process your request within a reasonable time after receipt. Without limiting the foregoing, Renaissance Gaming Inc shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Renaissance Gaming Inc, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8, 10, 12, 14, 15, 16 and this Section 11 shall survive termination of this Agreement.
12. Intellectual Property:RGI, Renaissance Gaming Inc, Renaissance Gaming, the Renaissance Gaming Inc logo and the tagline "It's MORE THAN JUST GAMING IT’S THE WAY OF LIFE" and LET’S REVOLUTIONIZE THE REALM OF GAMING are the exclusive property of Renaissance Gaming Inc. All rights reserved. All other trademarks appearing on rengaming.com are the property of Renaissance Gaming Inc., affiliates of Renaissance Gaming Inc, or their respective owners.
13. Third Party Content: Renaissance Gaming Inc is a distributor (and not a publisher) of content supplied by third parties and users of the Site. Accordingly, Renaissance Gaming Inc has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of rengaming.com, are those of the respective author(s) or distributor(s) and not of Renaissance Gaming Inc. Neither Renaissance Gaming Inc nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through rengaming.com represents the opinions and judgments of the respective information provider or users not under contract with Renaissance Gaming Inc. Renaissance Gaming Inc neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on rengaming.com. Under no circumstances will Renaissance Gaming Inc be liable for any loss or damage caused by your reliance on information obtained through rengaming.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through rengaming.com
14. Miscellaneous: This Agreement (which hereby incorporates by reference any other provisions applicable to use of rengaming.com, including, but not limited to, any supplemental terms governing the use of certain specific material contained in rengaming.com and any operating rules for rengaming.com established by Renaissance Gaming Inc) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
16. DMCA Notice:Renaissance Gaming Inc owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via rengaming.com by third parties not within the control of Renaissance Gaming Inc. It is our policy not to permit materials known by us to be infringing to remain on this Site and to terminate relationships regarding content with third parties repeatedly infringing the copyrights of others.
You should notify us promptly if you believe any materials on the Site infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), Renaissance Gaming Inc will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), Renaissance Gaming Inc has designated the SVP of Business Development of Renaissance Gaming Inc. as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the rengaming.com Web site.
The contact information is:
Renaissance Gaming Inc
6-8 PARK AVENUE TERRACE
YONKER,NEW YORK, 10703