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TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED
BY REFERENCE
These terms and conditions (the “Site
Terms”) apply exclusively to your access to, and use of, this Web site
(the “Site”) and do not alter in any way the terms or conditions of any
other agreement you may have with WESKELGames,
("WESKEL") for products,
services or otherwise.
WESKEL
reserves the right to amend at any time any policies governing this
Site, including these Site Terms and WESKEL's
Privacy Policy, by posting the amended terms and indicating the date of
the last revision. The amended terms shall be effective immediately after
they are initially posted on this Site. If you do not accept the amended
terms, you must cease using this Site.
If you have any question regarding the use
of this Site, please direct such questions to the appropriate
contact person.
Privacy Policy
Limited License
Copyright
Repeat Infringer Policy
Copyright Complaints
Trademarks
Hyperlinks
Third Party Content and Services
Submissions
Indemnification
Disclaimer
Limitation of Liability
Applicable Law
Termination
Severability
Questions & Contact Information
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Privacy Policy
WESKEL believes strongly in
protecting user privacy. Please refer to our
Privacy
Policy for information on how WESKEL
collects and uses information from users of the Site.
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Limited License
WESKEL grants you a limited
license to make personal use only of the Site. Such license is subject
to the Site Terms and does not include: (a) any resale or commercial use
of the Site or content therein; (b) the collection and use of any
product listings or descriptions; (c) making derivative uses of the Site
and its contents; (d) use of any data mining, robots or similar data
gathering or extraction methods; (e) downloading (other than the page
caching) of any portion of the Site or any information contained on the
Site, except as expressly permitted on the Site; or (f) any use of the
Site other than for its intended purpose. Except as noted above, you are
not conveyed any right or license by implication, estoppel or otherwise
in under any patent, trademark, or proprietary right of WESKEL
or any third party.
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Copyright
Unless otherwise indicated, all Web site materials and content,
including, without limitation, the Portfolio®
logo, the WESKEL logo,
and all designs, text, graphics, other files, and the selection
and arrangement thereof are the proprietary and copyrighted property of
WESKEL or its licensors. You
may electronically copy and print to hard copy portions of this Web site
for the sole purpose of using materials it contains for informational,
non-commercial, personal use only. Any other use of the materials in
this Web site—including any commercial use, reproduction for purposes
other than described above, modification, distribution, republication,
display, or performance—without the prior written permission of WESKEL
is strictly prohibited.
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Repeat Infringer Policy
WESKEL respects the
intellectual property of others, and we ask our users to do the same. WESKEL
may, in appropriate circumstances and at its own discretion,
limit access to this Web site and/or terminate the accounts of any users
who infringe the intellectual property rights of others.
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Copyright Complaints
If you believe that any material on this Web site infringes upon any
copyright which you own or control, or that any link on this Web site
directs users to another Web site that contains material that infringes
upon any copyright which you own or control, you may forward any
complaints to
WesKelGames@aol.com.
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Trademarks
WESKEL , the WESKEL
logo, the Portfolio® logo, and
any product or service name or slogan contained in this Web site, are
either trademarks or registered trademarks of WESKEL
and its licensors, and may not be copied, imitated or used, in
whole or in part, without the prior written permission of WESKEL.
In addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks, and/or trade dress of WESKEL,
and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of WESKEL.
All other trademarks, registered trademarks, product names and company
names or logos mentioned herein are the property of their respective
owners.
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Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to
this Web site for noncommercial purposes provided such link does not
portray WESKEL or any of its
products and services in a false, misleading, derogatory or otherwise
defamatory manner. This limited right may be revoked at any time. You
may not use, frame or utilize framing techniques to enclose any WESKEL
trademark, logo or other proprietary information, including the
images found at this Web site, the content of any text or the
layout/design of any page or form contained on a page without WESKEL's
express written consent. Except as noted above, you are not conveyed any
right or license by implication, estoppel, or otherwise in or under any
patent, trademark, copyright, or proprietary right of WESKEL
or any third party. WESKEL
makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of Web
sites accessible by hyperlink from this Web site, or Web sites linking
to this Web site. The linked sites are not under the control of WESKEL
and WESKEL is not
responsible for the contents of any linked site or any link contained in
a linked site, or any review, changes or updates to such sites. WESKEL
is providing these links to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement, or
adoption by WESKEL of the
site or any information contained therein.
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Third Party Content & Services
WESKEL may provide links to
Web pages and content of third parties ("Third Party Content") as a
service to those interested in this information. WESKEL
does not monitor nor has any control over any Third Party Content
or third party Web sites. WesKel Games does not endorse or adopt any
Third Party Content and can make no guarantee as to its accuracy or
completeness. WESKEL does
not represent or warrant the accuracy of any information contained
therein, and undertakes no responsibility to update or review any Third
Party Content. Users use these links and Third Party Content contained
therein at their own risk.
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Submissions
You acknowledge and agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by you in
the form of e-mail or other submissions to WESKEL,
or postings on this Web site, are non-confidential and shall become the
sole property of WESKEL. WESKEL
shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of these materials
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you. The submission of any materials to WESKEL,
including the posting of materials to any forum or interactive area,
irrevocably waives any and all "moral rights" in such materials,
including the rights of paternity and integrity.
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Indemnification
You agree to defend, indemnify and hold harmless WESKEL,
its independent contractors, service providers and consultants, and
their respective directors, employees and agents, from and against any
third party claim, damages, costs and expenses (including, but not
limited to, reasonable attorney's fees) arising out of your use of the WESKEL
Web site, including without limitation any actual or threatened
suit, demand, or claim made against WESKEL
and/or its independent contractors, service providers, or
consultants, arising out of or relating to your conduct, your violation
of these Site Terms, or your violation of the rights of any third party.
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Disclaimer
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WESKEL
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WESKEL
DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WESKEL
DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S)
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WESKEL
reserves the right to change any and all content contained on
this Web site at any time without notice. Reference to any products,
services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof by WESKEL.
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Limitation of Liability
IN NO EVENT SHALL WESKEL, OR
ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN
AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS
WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING
FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WESKEL,
OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO WESKEL's
RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF WESKEL (WHETHER
IN CONTRACT, WARRANTY TORT—INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE, OR IMPUTED—PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)
ARISING OUT OF OR RELATING TO THE USE OF WESKEL
's WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WESKEL
FOR ACCESS TO OR USE OF THIS WEB SITE.
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Applicable Law
These Site Terms shall be governed by and construed in accordance with
the laws of the State of Nevada, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of
or relating to these Site Terms shall be filed only in the state and
federal courts located in Clark County, Nevada and you hereby
irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising
out of these Site Terms.
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Termination
Notwithstanding any of these Site Terms, WESKEL
reserves the right, without notice and in its sole discretion, to
terminate your license to use this Web site, and to block or prevent
future access to and use of this Web site.
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Severability
If any provision of these Site Terms shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from these Site Terms and shall not affect the validity and
enforceability of any remaining provisions.
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Questions & Contact Information
Questions or comments about WESKEL's
Site may be directed to WESKEL
at
WesKelGames@aol.com, or you may telephone us at (702)592-8301. You
may also write to us at
WesKel Games
Attention: Website Administrator
1323 Echo Creek St.
Henderson, NV 89052-3070
(702)592-8301
WesKelGames@aol.com
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GAMES's Privacy Statement |