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- ENTERTAINMENT ONLINE LIMITED
- ("E-On") SUBSCRIBER AGREEMENT
-
- NOTICE
-
- 1. E-On provides an online computer games and
- communications service. Access to the E-On Homepage, Digital
- Shop and Magazines is free of charge. This Agreement relates to
- the Subscriber's access to, and use of, E-On's interactive Online
- and Downloadable computer games ("the Games Service")
- which are accessed via a hotlink on E-On's homepage and for
- which a charge is levied. You must be a Subscriber to access
- and use the Games Service.
-
- 2. You become an authorised user of the Games Service
- ("Subscriber") by completing the enrolment process. To
- complete the enrolment process, you must agree to all the terms
- and conditions contained in this Agreement and your continued
- acceptance of this Agreement is a condition of subscription. This
- Agreement is between you and E-On.
-
- 3. If you accept the terms of this Agreement, please click the
- "Accept" button at the bottom of this page. If you do not accept
- the terms of this Agreement and do not wish to become a
- Subscriber, please click "Stop" to discontinue the enrolment
- process. You may save a copy of this Agreement now or at any
- time in the future by choosing the "Save As" option from the
- "File" menu in your browser whilst displaying this page.
-
- THIS IS A LEGAL DOCUMENT. BY
- COMPLETING THE ENROLMENT PROCESS,
- YOU AGREE TO THE TERMS AND
- CONDITIONS OF THIS AGREEMENT JUST AS
- IF YOU HAD SIGNED A PRINTED VERSION.
-
- CONDITIONS OF USE
-
- 4. E-On shall assign the Subscriber a password to be used for
- gaining access to the Games Service. The Subscriber shall keep
- the password safe, secure and confidential. The confidentiality of
- the Subscriber's password is the Subscriber's sole responsibility.
- The Subscriber should change the password regularly. The
- Subscriber's right to use the Games Service is not transferable
- and the Subscriber should not divulge the password to any third
- party. However, with the Subscriber's permission and
- supervision, this password may be used by another person in the
- Subscriber's own household to access the Games Service. Only
- one person is authorised to access the Games Service at any
- given time with one password. The Subscriber shall be
- responsible for all use of the Games Service accessed with the
- Subscriber's password.
-
- 5. The Subscriber agrees to supervise usage of the Games
- Service by minors whom the Subscriber permits access to the
- Games Service.
-
- 6. The Subscriber agrees to indemnify E-On against liability for
- any and all use of the Subscriber's account.
-
- 7. Access to, and use of, the Games Service is charged at the
- rates displayed in the Registration and Questions and Answers
- section of the E-On Web Site. The Subscriber shall be billed
- monthly in advance. The Subscriber agrees to pay all the monthly
- charges incurred on the Subscriber's account in accordance with
- this Agreement and the rates in effect for the billing period in
- which those charges are incurred. The Subscriber shall pay the
- applicable local sales tax on any charges incurred by the
- Subscriber. The monthly charge is payable either by direct debit
- or is charged to the Subscriber's credit or debit card.
-
- 8. The Subscriber is responsible for and must provide all
- telephone and other equipment and services and any browser
- software necessary to access the Games Service.
-
- 9. The Subscriber expressly agrees that use of the Games
- Service is at the Subscriber's sole risk. Neither E-On nor any of
- its licensors, employees, agents, or third party suppliers warrant
- that the Games Service will be uninterrupted or error free. The
- Games Service is 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 or otherwise, other than those
- warranties which are implied by and incapable of exclusion,
- restriction, or modification under the laws applicable to this
- Agreement. Neither E-On nor anyone else involved in creating,
- producing or delivering the Games Service shall be liable for any
- direct, indirect, incidental, special or consequential damages
- arising out of use of the service or inability to use the service or
- out of any breach of any warranty. The Subscriber expressly
- acknowledges that the provision of this paragraph shall also
- apply to all third party content and any other content available
- through the Games Service. The Subscriber agrees that it will not
- in any way hold E-On responsible for any selection or retention
- of, or the acts or omissions of, third parties in connection with
- the service.
-
- 10. The Subscriber may not reproduce, redistribute, retransmit,
- publish or otherwise transfer, or commercially exploit, any
- information, software or other content to which they have access
- in the Games Service.
-
- 11. The Subscriber agrees not to publish in the Games Service
- any information or other content which violates or infringes upon
- the rights of any other individual or which would be abusive,
- profane, indecent, or obscene or any information containing any
- advertising, promotion or solicitation of goods or services for
- commercial purposes. The Subscriber agrees not to use the
- Games Service to conduct any business or activity or to solicit
- the performance of any activity which is prohibited by law or to
- solicit Subscribers to become subscribers of any other online
- games service.
-
- 12. Notwithstanding the acknowledgement by E-On of any
- communication from the Subscriber, any provision or condition
- in any communication from the Subscriber which is in any way
- inconsistent with, or in addition to, the provisions of this
- Agreement is null and void. Neither the course of conduct
- between parties nor trade practice shall act to modify the
- provisions of this Agreement. If any provision of this Agreement
- is determined to be invalid, all other provisions shall remain in full
- force and effect.
-
- 13. The Subscriber agrees to indemnify and hold E-On harmless
- from any and all claims and expenses, including reasonable legal
- fees, incurred by E-On due to the Subscriber's violation of this
- Agreement.
-
- 14. This Agreement may be terminated at any time either by the
- Subscriber or E-On. If the Subscriber terminates this Agreement
- prior to the end of a billing period, E-On shall be under no
- obligation to refund to the Subscriber any charges paid by the
- Subscriber for that billing period. In order for you to cancel your
- E-on subscription you must give notice in writing. (There is a
- section entitled: 'How do I change or view my personal details'
- within the 'Questions and Answers' area which offers the facility
- to cancel your subscription)
-
- 15. E-On reserves the right at its sole discretion to modify this
- Agreement and to discontinue or revise any or all content in the
- Games Service. E-On reserves the right at its sole discretion to
- suspend or terminate access to any Subscriber at any time.
-
- 16. This Agreement constitutes the entire and only agreement
- between E-On and the Subscriber.
-
- 17. This Agreement is governed by and construed in accordance
- with the law of England and English jurisdiction shall apply. The
- Subscriber agrees that any cause of action of the Subscriber or
- its designated user(s) with respect to the Games Service must be
- instituted within one year after the claim or cause of action has
- arisen or it shall be barred.