Welcome to the CinemawareMarquee.com website. This website is owned and operated by eGames, Inc. ("eGames," "we" or "us"), and is subject to the following Terms and Conditions of Web Site Use ("Terms").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using this website you accept the Terms, and agree to be bound by them. If you do not agree to the Terms, do not use the CinemawareMarquee.com website. We reserve the right to modify the Terms at any time without notice to you. It is important to periodically check the most recent version of the Terms. Your use of the website following any modifications is considered your assent to the modifications. The Terms tell you what you can expect from the website and the kind of online behavior we expect of you on our website. All of the features of this website, regardless of when they are added, are governed by the Terms.

2. REGISTRATION

You must register to become a member of CinemawareMarquee.com to use the full features of the website, including but not limited to posting messages in the forum, access to free games, art, and other downloads and receiving email updates ("Registered User"). To register, you must select a user name and a password. The use of an offensive user name is not allowed. When completing the registration you will provide true and accurate information, and update this information to keep it true and accurate. If you provide any information that is untrue or we have reasonable grounds to suspect that the information is untrue, we have the right to suspend or terminate your registration and access to the full features of the website. Further, masking or hiding your email address is not allowed. We maintain a database of all email addresses and time stamps to identify users.
You are responsible for obtaining access to the website, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the website. You are responsible for maintaining the confidentiality of your user name and password, and are responsible for all activities that occur under your user name and password. You will immediately notify us of any unauthorized use of your user name and password or any other breach of security.

3. RULES FOR USING THE FORUM AND OTHER FEATURES

Registered Users of the website may post messages on the Cinemaware Marquee Forum ("Messages"). Messages must not violate these Terms. We do not pre-screen Messages, but we have the right in our sole discretion to remove any Messages that violate these Terms. You may receive a warning from us if your user name was responsible for posting offensive Messages. If it is a serious offense or you have violated these Terms before, we may suspend or terminate your registration. You understand that all Messages are the sole responsibility of the Registered User from whom the Message originated. This means that you, and not Cinemaware Marquee or its affiliates, are entirely responsible for all of your Messages. We do not control the Messages posted on the Cinemaware Marquee forum and do not guarantee the accuracy, integrity, or quality of those Messages. By using the forum, you understand that you may be exposed to Messages that are offensive, indecent, or objectionable. We will not be liable for any Messages, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any Messages on the website.

Registered Users may not:

1. post or transmit Messages that are unlawful, threatening, harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
2. impersonate any person, including a Cinemaware Marquee or eGames employee or agent;
3. post or transmit Messages that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. post or transmit Messages that you do not have a right to make available under any law or under contractual or fiduciary relationships;
5. post or transmit advertisements, promotional materials, or other forms of solicitation;
6. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users of the website;
7. interfere with the website or servers or networks connected to the website;
8. violate any local, state, national or international law;
9. collect personal data about other Registered Users.
You may report abusers by sending an email to abuse@egames.com.
We may store Messages indefinitely, and may also disclose Messages if required to do so by law or in the good faith belief that the preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that a Message violates the rights of third parties; or (d) protect the rights, property, or personal safety of Cinemaware Marquee or eGames employees, any users of the website, or the public.
Please be aware that by submitting Messages or other content, you automatically grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Messages or content (in whole or in part) and to incorporate such into other works in any format or medium now known or later developed.

4. CINEMAWARE MARQUEE PRIVACY POLICY

When you register with CinemawareMarquee.com or become a member of the website, you submit certain information about yourself. Our use of this information is governed by the Cinemaware Marquee Privacy Policy.

5. INDEMNITY

You will indemnify and hold Cinemaware Marquee, eGames, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Messages that you post or transmit, your use of the website, your violation of the Terms, or your violation of any rights of a third party.

6. INTELLECTUAL PROPERTY

The Cinemaware Marquee website contains intellectual property owned by Cinemaware Marquee and other parties. You will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the website. Your use of Cinemaware Marquee software is governed by separate license agreements that you must agree to in order to access the software.

7. MODIFICATIONS TO WEBSITE

We reserve the right at any time to modify or discontinue, temporarily or permanently, the website or any part of it with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.

8. LINKED SITES

You may be able to link to third parties' web sites ("Linked Sites") from the Cinemaware Marquee website. We do not, however, review, control or examine Linked Sites in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein, and does not endorse any of them. It is your sole responsibility to comply with the appropriate rules applicable to the use of the Linked Sites. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services available through the Linked Sites.

9. DISCLAIMER OF WARRANTIES

Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information whether caused by Registered Users of the website or by any of the equipment or programming associated with or utilized in connection with the website or the products provided on or through the website. We assume no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any websites or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Cinemaware Marquee website.
THE CINEMAWARE MARQUEE WEBSITE, INCLUDING ITS CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EGAMES, AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CINEMAWARE MARQUEE WEBSITE, AND ITS CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF THE CINEMAWARE MARQUEE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND 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 MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10. LIMITATION OF LIABILITY

WE WILL 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE CINEMAWARE MARQUEE WEBSITE.

11. TRADEMARK INFORMATION

Cinemaware Marquee, the Cinemaware logo, the eGames logo and other logos, products and service names are trademarks of eGames. You must not display or use them in any manner.

12. COPYRIGHTS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the information specified below. Please note this procedure is exclusively for notifying eGames and its affiliates that your copyrighted material has been infringed upon. The notification of claimed copyright infringement must be in writing and include the following:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work (or works) that you claim has been infringed;
3. a clear description of where the material that you claim to be infringing is located on our website including as applicable its URL, so that we can locate the material;
4. your name, address, telephone number and e-mail address;
5. 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;
6. 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.
Written notification for claims of copyright infringement related to this Cinemaware Marquee website must be submitted to eGames' designated agent as follows:

Designated Agent:
Susan Boudreau
Associate Counsel

Address:
eGames, Inc.
2000 West Cabot Blvd., Suite 110
Langhorne, PA 19047
Fax: (215) 750-3722
Email: copyright@eGames.com

13. GENERAL INFORMATION

We operate our website from offices in the United States of America. We do not represent that materials on the website is appropriate or available for use in other locations. Persons who choose to access the Cinemaware Marquee website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Terms constitute the entire agreement between you and us and governs your use of the Cinemaware Marquee website, superseding any prior agreements between you and us. The Terms and the relationship between you and us will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Bucks County, Pennsylvania. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of the right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Cinemaware Marquee website or the Terms must be filed within one (1) year after the claim or cause of action arose or be forever barred.


www.cinemawaremarquee.com
Operated by eGames, Inc.
2000 Cabot Blvd, Suite 110
Langhorne, PA 19047
USA