SUBA GAMES TERMS AND CONDITIONS
SUBA GAMES IS THE OWNER OF THE SUBA GAMES SERVICE. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SUBA GAMES. USE OF THE SUBA GAMES SERVICE IS SUBJECT TO THESE TERMS AT ALL TIMES WITHOUT EXCEPTION AND SIGNIFIES YOUR ACCEPTANCE OF AND COMPLETE AGREEMENT TO THE TERMS. YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
This agreement ("Agreement") constitutes a binding contract between you and Suba Games and governs your use of Suba Games Service. By registering as a member and accepting this Agreement, you represent that: (i) you have read and understood this Agreement and agree to be bound by its terms and (ii) that you are at least 18 years of age. (iii) If you are under the age of 18 but are at least 13 years of age you agree that you have the consent of a parent or legal guardian who agrees to be bound by these Terms. Children under the age of 13 may not use our services for other than browsing, and parents or legal guardians may not agree to these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Suba Games Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Suba Games Service.
The terms of this Agreement may be amended by Suba Games from time to time in its discretion and a copy of such amended terms will be posted at http://www.subagames.com. If you object to such amended terms, your sole remedy is to refrain from using the Suba Games Service. You will be deemed to have accepted the Agreement as amended 30 days after the amended terms are posted if you continue to use the Suba Games Service. In the event of such amendment, all other terms of the Agreement will remain in effect.
Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through our website should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.
We reserve the right to deactivate your account or suspend use of services for any reason. No user of our services or site may (1) take any action that imposes an unreasonable load on the site's infrastructure; (2) use any device, software or routine to interfere with or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the site or the service; (4) delete or alter any material posted by any other person or entity; or (5) frame or link any of the materials or information available from the site or the service.
Information Provided by You
If you submit information to our site, you agree not to (1) post or transmit anything that is defamatory, libellous, abusive, unlawful, obscene, threatening, fraudulent, pornographic or harmful, or that could encourage criminal or unethical behaviour; (2) post or transmit pyramid schemes, chain letters, or conduct gambling; (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity; (4) post or transmit a virus or any other harmful component; or (5) contact other site users through unsolicited e-mail, telephone calls or any other method of communication.
In order to become a member of Suba Games you must register and provide specified information. You represent that your registration information will be current, complete and accurate at the time you register and that you will update it as necessary. For registration and sign-in purposes, you will select a password. You agree that you will not allow others to use your Member name, password and/or account.
Termination of Usage
Suba Games may terminate or suspend your access to all or parts of the Suba Games Service, without notice, for any conduct that Suba Games in its sole discretion, believes is in violation of this Agreement or applicable law, or is detrimental to the interests of another user or any third party. In such case, Suba Games shall have no liability to you.
Intellectual Property Rights
You agree that all content on the Suba Games Service, including text, graphics, photographs, musical compositions, sound recordings and other material (the "Content") and the selection, coordination, arrangement and enhancement of same, is the exclusive property of Suba Games or the property of content suppliers to Suba Games and is protected by copyrights, trademarks and/or other proprietary rights under the laws of Canada and other countries. All present and future copyrights, trademarks and other proprietary rights in and to the Content shall, as between you and Suba Games, at all times be and remain the exclusive property of Suba Games and its content suppliers. You may not create any derivative works based on the Content or otherwise use the Content except as expressly authorized herein. The Service includes materials whose proprietary rights, copyrights and trademarks are owned by third parties. Use of such materials is prohibited without written permission from the owners of such materials.
Restrictions on Use
You agree to use the Content only for personal, non-commercial, lawful purposes and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. With respect to Suba Games downloading membership service, Suba Games grants you a limited, non-exclusive, non-transferable, revocable right to receive by download and/or copy, as applicable, selected portions of the content to your personal computer only.
Disclaimer of Warranty.
Your use of the service is at your sole risk. The content is provided "as is" and where permitted by law, Suba Games makes no warranty of any kind, express or implied. As to the accuracy or completeness of the content, including, but not limited to, implied warranties of merchantability, non-infringement, title or fitness for a particular purpose or use. Suba Games does not warrant that the service is compatible with your equipment or is free of errors, viruses or other defects and is not liable for any damages you or any third party may suffer as a result thereof.
Limitation of Liability
Under no circumstances, where permitted by law, including, but not limited to negligence, shall Suba Games be liable to you for any direct or indirect, punitive, special, incidental or consequential damages allegedly sustained by you or any third parties from your use of the service or the content or your inability to access or use the service. Some jurisdictions do not allow the exclusion or limitation of liability for punitive, consequential or incidental damages. In such jurisdictions, Suba Games' liability is limited to the greatest extent permitted by law.
Suba Games may provide hyperlinks to other Websites maintained by third parties or may provide third party content on the Service by framing or other methods. The fact that Suba Games provides a link to a third party Website does not mean that we endorse, authorize or sponsor that website. The links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control and we are not responsible for the content of linked websites, including any further links contained in a third party websites. If you decide to access any of the third party websites linked to the service, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party Website to which you link is free of computer viruses and other items of a destructive nature.
Representations and Warranties
You represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted herein for any unlawful purpose; and (iii) shall use the Service and the Content only as permitted by this Agreement.
You agree to indemnify and hold harmless Suba Games and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorney's fees and court costs) arising from or relating to your use of the Content or the Service, including, without limitation, allowing others to use your Member name, password and/or account.
Where permitted by law, this Agreement shall be governed and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to conflicts of law principles. You agree to submit to the personal jurisdiction and venue of the Provincial and Federal courts located in Ontario, with respect to any legal proceedings relating to this Agreement and waive any objection to the propriety or convenience of venue in such courts.
All sales are final. All Suba Games' products are intangible goods that are digitally delivered, we therefore have a strict no refund policy.
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement whether written or oral.
The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y afférent soient rédigés en langue anglaise.
If you have any questions or comments, please contact Suba Games at the following address:
105 Gordon Baker Rd.
Toronto ON. Canada