TERMS OF USE AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement ("Agreement") for Netgamix.com ("Site"), an Internet website owned and operated by Netgamix, LLC. ("Netgamix", and Site and Netgamix Inc "we," "us," or "our").

Netgamix Inc operates and controls the Site from its offices in Chicago, Illinois, in the United States of America. We make no representation that the Site is appropriate or available in other locations. Accordingly, those persons accessing the Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and Netgamix Inc and your use of the Site constitutes acknowledgement that you understand and agree to abide by the terms of this Agreement including any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"), including the Netgamix User Submission Agreement governing your submission of User Material (as such term is defined therein) and the Virtual Currency Purchasing Agreement governing purchases on the Site. The Site may also provide rules of participation ("Rules") for certain activities and services including, but not limited to, contests and tournaments, award programs, subscription services and e-commerce services ("Services"). The term "Site" includes all websites and web pages within the Site as well as any associated equivalent, mirror, replacement, substitute or backup websites and web pages. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" and "Services."

Netgamix reserves the right to amend and update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of USE " hypertext link located at the bottom of our Web pages. Every time that you access or use the netgamix.com website, you re confirm your consent to the existing terms of use.

The Site's Privacy Policy, Additional Terms and Rules, when applicable, are hereby incorporated herein by reference. To the extent that there is a conflict between this Agreement and the Additional Terms or Rules for the activity in which you choose to participate, the applicable Additional Terms and/or Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from, transmit, receive or exchange data or communicate with, the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

1. REGISTRATION, USE & ELIGIBILITY REQUIREMENTS

By visiting the Netgamix web site, you consent to the following conditions. Netgamix may, at its discretion, terminate your account, deny you eligibility to prizes, or deny you access to the Netgamix.com domain name if it feels you have at any time violated any of the following requirements:

  1. You must be at least 13 years old to access the website and/or its services.

    The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age. Netgamix does NOT allow users under 13 years of age to register for an account or use the Netgamix.com website alone.

  2. Our content is not guaranteed for accuracy or completeness.

    This applies to our publicly available content AND our trivia games: Netgamix tries to be as accurate as possible when it comes to presenting accurate trivia content. However, Netgamix does not warrant that any trivia content is accurate, complete, reliable, current, or error-free. In most instances, games has been created by other Subscribers, and has not been verified or thoroughly researched, and inaccuracies are highly likely to exist. Netgamix.com is NOT a researched encyclopedia. It is ultimately your responsibility to check and validate any content originating from Netgamix.com. We provide our content for entertainment purposes only. Netgamix is not responsible for the accuracy of trivia questions and is not responsible for problems that may arise from the use of incorrect or incomplete trivia questions, either on the Netgamix.com website or used externally, whether used under license or otherwise.

  3. You agree not to attempt to reverse engineer, breech security measures of or otherwise access Netgamix for reasons other than the standard services available on the website.
  4. You may not use bots, automated scripts, data mining, information gathering or other automated mechanism while connected to the Netgamix website.
  5. You may not create more than one Netgamix account.
  6. Netgamix content(text, illustrations and images) are copyrighted under U.S and International law, therefore you agree not to copy or redistribute any content obtained from Netgamix
  7. You may not use Netgamix to advertise or promote a website, product or service
  8. You may not share any answers or content found within Netgamix games with other users. You must not use flaws or holes in the system to compete in Netgamix. Anything considered cheating is not allowed. The use of any flaws or holes in the system to gain unfair advantages in the games will be also considered cheating.
  9. You agree to and understand that Netgamix logs the IP address and we may use other software to verify your compliance to these terms.
  10. You agree to behave in a respectfully manner in all communications within Netgamix
  11. You agree that Netgamix may terminate your account at any time without notice for any reason at its sole discretion
  12. You understand that Netgamix scores and awards cannot be undone or reimbursed due to system bugs, internet connection problems, network errors, personal computer failures, or any other reasons.
  13. You have read and understand the content of our privacy policy (Declared below).
2. MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms of use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms of use. You should periodically review this Agreement, and any applicable Additional Terms, Rules and the Privacy Policy.

3. SERVICES

Netgamix does not guarantee continuous, uninterrupted or secure access to Netgamix services. The operation of the Netgamix Web Site may be interfered with by numerous factors both inside and outside our control, and some interruption of services may occur. Netgamix provides you with access to a variety of resources, including trivia gaming, tournaments, subscription services, images and information posted by Netgamix or other Members, product information, communication forums, chat rooms, and other services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties or Services, are subject to the TOU. Some of the Services are available for use by the general public, and other of the Services are limited to use by Subscribers.

4. ADVERTISING

From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

5. AGREEMENT TO DEAL ELECTRONICALLY

All transactions with or through the Site or Netgamix may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

6. USE LIMITATION

Netgamix is made available solely for use according to these terms of use. It hereby grants you a limited license to use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material, using the embedded link function, placing product orders or for accessing information, Applications (as defined herein) and services solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Netgamix. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.

Netgamix reserves the right to suspend or deny, in its sole discretion, your use of all or any portion of the Site. Any rights not expressly granted to you herein are reserved to Netgamix. Unless you have received specific written permission from Netgamix, you may not:

  1. "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site
  2. alter or modify any content on the Site
  3. deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.

Violators of Netgamix' copyright will be prosecuted to the fullest extent of the law.
Any use of the Netgamix web site not in accordance with the TOU, shall subject the Subscriber to termination of the Subscription Agreement and the License Agreement, and may subject the Subscriber to loss of use of the Netgamix Web Site. Any use of the Netgamix Web Site in violation of the TOU by any person may subject such person to loss of use of the Netgamix Web Site.

You agree that you will not use the Services for any purpose that is unlawful or prohibited by the TOU, and you agree that it shall be a condition of your use of the Services that you comply with the TOU. You may not use the Services in any manner that could damage, disable, overburden, impair or deny Services to any Netgamix server, or the network(s) connected to any Netgamix server, or interfere with any other user's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, Personal Information of any other user, computer systems or networks connected to any Netgamix server or to any of the Services, through hacking, cracking, password mining or any other means. You may not obtain or attempt to obtain any materials, images, or information through any means not intentionally made available through the Services. You may not use any emailing feature to spam another member or email address.

7. RIGHT TO CHANGE THE SITE

Netgamix may discontinue, edit, delete or change any aspect of the Web Site, including, but not limited to:

  • restricting availability of the website
  • restricting compatibility with certain computer software like browsers or hardware like OS
  • restricting the amounts of use allowed
  • removing or changing content, features, or material available on the Web Site
  • restricting, suspending or terminating any user's privilege to use the Web Site, at Netgamix' sole discretion, and without prior notice or liability.
8. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES

We may provide users the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users must provide their consent to receive such information by complying with the specific terms related to such offering. Information that may be requested for specific promotions includes, without limitation, a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy and/or Additional Terms or Rules. Under no circumstances will Netgamix be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address. You understand, acknowledge and agree that we may, at our sole discretion and without liability to any user, terminate our offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of such terminations or changes on this Site.

9. CONTENT CONTRIBUTION AND COMMUNICATIONS

The Services may include e-mail services, the creation of trivia games, chat areas, and/or other message or communication facilities designed to enable you to communicate with others (each a form of "Content Contribution" or "Communication" ). You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services or the Communication Services, you will not submit, upload, send or post:

  • Software, malware,viruses, trojan horses,worms, time bombs, cancelbots or executable programs of any kind
  • Material protected by intellectual property laws (or by rights of privacy or publicity), including, by way of example, and not as limitation, copyright, patent, or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same by such other parties
  • Material or statements which contain vulgar, obscene, or indecent statements or graphical images
  • Disrespectful,threatening,insulting,racially offensive bigoted,hateful or abusive statements
  • Advertising or other forms of solicitation, including but not limited to offers to buy or sell, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
  • Statements or material which harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others
  • Statements about any other subscriber or the employees of any subscriber
  • Statements about Netgamix or any employee or volunteer of Netgamix
  • You will not use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses
  • Violate any applicable laws or regulations
  • Create a false identity for the purpose of misleading others

Netgamix has no obligation to monitor the Services or the Communication Services. However, Netgamix reserves the right to review materials uploaded to the Netgamix website or posted to the Communication Services and to remove any materials in its sole discretion.

Netgamix reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Netgamix takes absolutely no responsibility for any damages that may result to a user from the material that the user contributes on Netgamix, including message board posts and games content.

Always use caution when giving out any personally identifiable information about yourself or your family members in use of any Communication Services. Netgamix does not control or endorse the content, messages or information found in any Services or Communication Services and, therefore, Netgamix specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Services or Communication Services, and you agree that you waive any claims against Netgamix relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Netgamix relating to same.

Users of Services and Communications Services, including any moderators or administrators, are not authorized Netgamix representatives or agents, and their opinions or statements do not necessarily reflect those of Netgamix, and they are not authorized to bind Netgamix to any contract.

If you believe that any content on the Site (including, without limitation, User Material) violates any of the terms of this Agreement, please send us a message about it to support@netgamix.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

10. GAME CONTENT ON NETGAMIX

The multimedia content of the games is located on several 3rd party servers that Netgamix has no control over. We do not host any content besides the picture of a game. These pictures are uploaded by Netgamix users. Netgamix will remove these pictures or any links to any copyrighted content such as images,videos or soundtracks on request.

Netgamix does not claim responsibility for views, expressions, and content of materials that you or any Subscriber may provide, post, upload, input or submit to Netgamix (including games, reviews, feedback and suggestions) ("Submissions").

However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Netgamix, its affiliated companies and necessary sublicensees exclusive permission to use your Submission, permanently and without restriction, in connection with the operation of their Internet businesses (including, without limitation, all Netgamix Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, sell, translate and reformat your Submission; to publish your name or associated username/alias in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein.

Netgamix is under no obligation to post or use any Submission you may provide and Netgamix may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission you warrant and represent that

  • You are the copyright owner of Posted content, or that the copyright owner of such content has granted you permission to use such content and/or images contained in such submission consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services
  • you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use
  • that any person or product owner depicted in such submissions, if any, has provided consent to the use of their likeness as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such content.

By Posting Images, you are granting (a) to all Subscribers (for each such Images available to Subscribers), and/or (b) to the general public (for each such Images available anywhere on the Services, other than Web pages or Services restricted to Subscribers), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services.

The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images or Posted content.

NETGAMIX DOES NOT HOLD ITSELF OUT AS A ''CENSOR'' OR ''MONITOR'' AND DOES NOT MONITOR THE CONTENT OF INFORMATION, DATA, OR IMAGES UPLOADED BY SUBSCRIBERS OR WHICH MAY BE POSTED TO THE NETGAMIX WEB SITE OR DATABASE (INCLUDING ANY CHAT ROOMS OR BULLETIN BOARDS WHICH MAY IN THE FUTURE BE ESTABLISHED ON THE NETGAMIX WEB SITE) BY SUBSCRIBERS OR THE GENERAL PUBLIC. NETGAMIX DISCLAIMS ALL RESPONSIBILITY FOR ANY MATERIAL UPLOADED TO OR POSTED ON THE NETGAMIX WEB SITE OR DISCUSSED OR POSTED ON SUCH CHAT ROOM OR BULLETIN BOARD.

TRADEMARKS AND NAMES. Some Netgamix games use the names of famous people, places, products, and large companies in trivia questions, and such trademarks may be mentioned in other Services, such as message boards. If you disapprove of a trademark's use on Netgamix.com, or happen to be the subject of trivia questions (i.e. an actor, recording artist, etc) and wish trivia about you to be removed, please send an email to admin@netgamix.com and we will remove the content.

11. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, Netgamix, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions") which may be subject to Additional Terms and/or Rules.

12. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site, Netgamix Inc, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, Netgamix Inc'logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Section, which describes how Netgamix collects and uses your Personal Information and co-branding relationships.

13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE

If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by logging in to your account and then by clicking on the "Profile" link and then selecting the "Delete My Account" option. We may terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

14. DISCLAIMER AND LIMITATIONS OF LIABILITY

THIS SITE, AND ALL GAMES, TORUNAMENTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, NETGAMIX, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY NETGAMIX LCC, OR AGENTS SHALL BE, AT NETGAMIX'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON NETGAMIX; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO NETGAMIX. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. ASSUMPTION OF RISKS AND MATURE CONTENT

YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BY PARTICIPATING IN GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT NETGAMIX, ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.

16. INDEMNIFICATION

You agree to indemnify, defend and hold the Site, Netgamix Inc, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.

17. PRIVACY

We respect your privacy and the use and protection of your Personal Information. This Privacy Statement discloses our policies regarding information we obtain from you and how we limit and protect the uses to which that information is put. These policies apply only to the Site, which consists solely of those web pages we control. You should determine what privacy policies apply to other web sites before providing information to them.

If you have questions or concerns regarding these policies, or any other aspect of the Site or your use of it, you can contact us at support@netgamix.com.

What Information We Collect

Through your use of the Site, we may obtain various types of basic contact and user information from you such as your IP (or Internet) address, your user name, email address, and password. While we store this information in our database and endeavour to protect that data, we can offer no warranties or guarantees. Any data you submit to Netgamix is ultimately submitted at your own risk.

Player nicks are displayed all over the site to identify players. Players should not use personally identifying information in their user names.

We use player email addresses to contact a player if a password is forgotten, send "netgamix newsletter" when specifically requested by the player, and to send website updates. We also request that a user provide their email address in our feedback section, so that we can respond to their problem.

We use player IP addresses to help track down cheating, and to provide us a way to prevent players from accessing the website for abuse, spam, illegal activities, account infractions, etc.

Player country is public and appears in user profiles. It is used to display regional scoreboards and statistics for some of our trivia games. Players are free to leave this information by default to the US.

Netgamix does not store important information such as credit card numbers, bank information, or social security numbers on its servers. All billing is handled, managed, and tracked entirely by 3rd parties such as Paypal.com (for our memberships and tournaments), and we do not store that information ourselves.

We also collect and store http logs, statistics, usage logs, and other information about the online activities of our visitors, primarily for error and abuse tracing. This information is never offered to 3rd parties, unless required by law.

Players should assume that all information they input to Netgamix game boards, forums, and chat boards is publicly accessible. Search engines such as Google regularly pick up content from these boards, so players should assume that their posts will eventually be indexed.

Netgamix player mailboxes carry no guarantee of privacy and should not be used for sensitive or personal discussions. Our messaging system was designed and intended for discussions related to quizzes, corrections and non-sensitive discussion. This privacy warning is reiterated on the "send message" screen. Most volunteer editors have access to user messages in order to handle corrections, quiz notes, etc, and site administrators have access to read / monitor messages for abuse, spam, etc. Sensitive or personal discussions should be conducted outside of the Netgamix.com website via email. Our editors and administors retain the right to delete any message.

How we use your information

We generally use your information only to operate the Site and make your experience more efficient, effective and enjoyable. As a general practice, we do not sell, rent or otherwise give user submitted information to any other party, except in limited circumstances such as compliance with law or with your permission, as noted below. Thus, we would not sell your name, email address or other personal information to mass marketers. If Netgamix is acquired or becomes part of another organization, we retain the right to transfer all exclusive control over that data to our new operating entity.

Most uses we make of your information are for site administration of your use of the site, such as processing and tracking of orders, diagnosing problems with our server, identification, security and billing. We may also use this information to contact you for operational purposes, such as tracking of orders, and notifying you of product updates or new products or editions.

We sometimes share aggregated data with some of our partners. However, none of this information identifies you in any way without your consent. For example, we may share data that shows that a certain percentage of our users buy a certain product, but there would be no identification of specific users.

Only if you consent, will we share personal, identifiable data about you to third parties. For example, on particular pages where we ask for personal information, we may explicitly tell you that the data we ask for may by shared with third parties.

There are circumstances where we may need to provide individual information to others. For example, we may disclose information if we in good faith believe it is necessary to identify, contact or bring legal action against someone who is violating our Conditions of Use of the Site, breaking the law, causing injury to or interference with others or otherwise violating the rights of others. We may also disclose information to the extent we believe in good faith it is required by law or for administrative and other purposes we deem necessary to maintain, service and improve our products and service. In all such circumstances, we will limit what information we disclose to the extent we believe it to be appropriate.

Choices Regarding Collection, Use and Distribution of Information - Opting Out and Corrections

We may send you emails or other promotions our vendors or we offer that we believe may be of special interest to you. Only Netgamix (or our agents who are required to comply with these policies) will send you these materials. If you do not wish to receive these materials, you may either modify your account preferences to opt out from such promotions, send an unsubscribe email by the means indicated in the materials or tell us when we collect information from you.

You also have choices concerning cookies. Your Internet browser allows you to accept all cookies, be notified when a cookie is sent or reject all cookies. However, if you reject cookies, we may not be able to customize the content we show you or otherwise learn your preferences. There may also be services that require the use of cookies. This may negatively affect your Site experience. In addition, we may place advertising on the Site that originates from outside advertisers or other third parties. In some cases, if you click on these advertisements, a cookie may be sent to your computer. We do not control these cookies.

Changes in Policies; Terms and Conditions

We may change these policies from time to time. If any such changes materially and adversely affect the use of your information, we will generally refer to such changes on the Site for a period of time, although our failure to do so will not affect the applicability of such changes. Accordingly, we recommend that you check back to review these policies from time to time, particularly if you have not visited the Site for some time. These policies are also subject to our Terms of Use, which are incorporated herein by reference, and we also recommend that you review those from time to time.

Third Party Cookies

In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser.

18. INTERNATIONAL USAGE

This Site is controlled and operated by Netgamix from its offices within Chicago, United States of America. Netgamix makes no representation that the Site, Applications, or related information offered by Netgamix are appropriate or available in other locations. Those who choose to access the Site 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.

19. MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

20. NOTICES

Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to Netgmix LLC by postal mail to: Netgamix, Inc, 200 S. Wacker Dr, 15th Floor, Chicago, IL, 60606, or as to a successor address that Netgamix makes available on the Site or through other reasonable manner.

This Terms of Use Agreement was last modified January 2011 and is effective immediately.
Copyright - 2011 Netgamix Inc - All Rights Reserved.

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