TERMS AND CONDITIONS OF USE
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THESE SITES. By accessing or using these Sites, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions for changes from time to time. By using these Sites after we post any changes, you agree to accept such changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use the Sites.
1. Scope of Terms and Conditions
These terms and conditions apply to the above-listed websites of ZeniMax Media Inc. and its divisions, Bethesda Softworks LLC, Vir2L Studios LLC, and ZeniMax Online Studios LLC (collectively, "ZeniMax") and such other or successor domain names as ZeniMax may make available from time to time (the "Sites"). This Terms and Conditions of Use Agreement (the "Agreement") governs your use of these Sites and your access to and use of the information, content and services that may be offered on these Sites (which, collectively with the Sites, constitute the "Services"). By accessing or using any of the Services, you are also deemed to have agreed to be legally bound by all operating rules and policies of ZeniMax as may be published on the Sites. To the extent that certain areas of the Sites require registration and/or may be subject to additional terms and conditions of use, ZeniMax will provide you with notice of such additional terms and conditions on registration. These terms and conditions do not apply to your use of unaffiliated sites to which any of the ZeniMax Sites only links.
2. Ownership of Content and Materials
All content and materials on the Sites, including but not limited to text, graphics, logos, button icons, images, audio clips, and software included in the Services, are the property of ZeniMax or its licensors and are protected by U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the Sites is the exclusive property of ZeniMax and/or its divisions and is protected by U.S. and international copyright laws. All software used on the Sites is the property of ZeniMax or its licensors and similarly protected by U.S. and international copyright laws. Except to the minimum extent expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express prior written permission of ZeniMax and any other applicable copyright owner. To seek such permission, you may write to ZeniMax Media Inc., Attn: Vice President ‹ Legal, 1370 Piccard Drive 120, Rockville, MD 20850 USA. You may not resell the Services or any part thereof. All rights not expressly granted hereunder are expressly reserved to ZeniMax and its divisions.
3. Revision or Termination of any Services
ZeniMax reserves the right to modify or discontinue the Services temporarily or permanently, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that ZeniMax shall not be liable to you for any modification, general suspension or discontinuance of any Services. ZeniMax may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
4. Acceptable Use of the Services
In order to use the Services, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees associated with such access.
5. Individual Use
You agree that you are only authorized to visit, view and retain a single copy of pages of the Sites solely for your own individual use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized in writing by ZeniMax. We post legal notices and various credits on pages of the Sites which may not be removed even in your permitted copy. You shall not remove these notices or credits or any additional information contained along with the notices and credits.
6. Deep Links
Except as set forth in the following sentence, You shall not "deep-link" to the Sites, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Sites for any purpose, unless specifically authorized in writing by ZeniMax to do so. Deep-linking will only be permissible to pages that display public player, game and statistical information.
7.Security, Cracking and Hacking
You agree not to violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host, network, or Site including without limitation, via means of submitting a virus to the Services, overloading, "flooding", "mailbombing" or "crashing" the Services. Violations of system or network security may result in civil or criminal liability. ZeniMax reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ZeniMax's, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by ZeniMax from time to time in connection with the Services.
8. Responsibility for All of Your Activities and All of the Content You Post
You represent and warrant that any information you may post or provide to ZeniMax by means of the Sites, including but not limited to part of any registration or application to gain access to any Services, email distribution lists or job application submissions is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including but not limited to, any content in the personalized or user-generated areas of the Sites, may be used only for its intended purpose. ZeniMax expects that you will exercise caution, good sense and proper judgment in using the Services. You agree NOT to use the Services for or in connection with any of the following activities:
(i) Spoofing or otherwise impersonating any person or entity, including but not limited to, any other users or any of ZeniMax's personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
(ii) Any fraudulent or illegal purpose, or any use which violates the accepted norms of the Internet community, whether or not expressly mentioned in this Agreement, as well as any activity that could damage ZeniMax's commercial reputation and good will or the commercial reputation and good will of its vendors and customers;
(iii) E-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
(iv) Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, spyware or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of ZeniMax's (or anyone else's) Services or Sites, detrimentally interfere with, surreptitiously intercept, exploit, or expropriate any system, data or information, or transmit any materials that otherwise violate ZeniMax's rules or policies;
(v) Harvesting, solicitation, or collecting email addresses, passwords, or other contact or personally identifying information of other users from the Sites by electronic or other means; and
(vi) Using or distributing unauthorized cheats, macros, or scripts, or exploiting a bug or making an unauthorized modification to gain unfair advantage.
9. Third Party Intellectual Property Rights
We respect the intellectual property rights of others, and require that those who use the ZeniMax Sites do the same. In appropriate circumstances, we will terminate the registration of any form user who is responsible for repeated acts of copyright infringement. You may not, and by using the Services you agree not to, use the Services to transmit material: (i) that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the Sites or any of the pages of the Sites infringes on ZeniMax's copyrights. Do not use any such tools or products on or in connection with the Services.
ZeniMax may and will terminate your service immediately, if, in its sole discretion, ZeniMax believes that your conduct fails to conform to this Agreement. Without limiting the foregoing, if you use or attempt to use the Services for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
12. Compliance with Laws
You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, including but not limited to, industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization therefor from ZeniMax.
13. Your Access to Certain Services
As a convenience and courtesy to you, the general viewer of the Sites, ZeniMax provides access to certain Services on the Sites, which may include the ability to enter into certain agreements electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you enter. In addition, you understand that certain Services on the Sites may include materials and information from third parties, and you acknowledge and agree that ZeniMax has minimal control over such information. Accordingly, ZeniMax cannot and does not guarantee, represent or warrant that the content contained in the Sites is accurate, appropriate to you, and/or inoffensive.
14. Disclaimer Warranties
YOU USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. ZENIMAX DOES NOT WARRANT THAT THE SITES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, ZENIMAX DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITES ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZENIMAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZENIMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ZENIMAX FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16. Indemnity of ZeniMax
You agree to indemnify and hold ZeniMax harmless, and, at ZeniMax's request, to defend ZeniMax from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services or any other activities of yours accomplished using the Services.
17. Order of Precedence
This Agreement governs your use of the Sites and access to the Services. It does not modify, alter or amend any other agreement you have entered or will enter into with ZeniMax or any of its related or affiliated entities. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on the Sites, conflicts with any provision of your other agreements with ZeniMax or any of its related or affiliated entities, the terms of such other agreement, shall, as to the subject matter of that other agreement, take precedence over the conflicting term(s) of this Agreement.
18. Dispute Resolution
If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive relief with respect to Intellectual Property Rights and obligations with respect to confidentiality), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute will be resolved in binding arbitration as follows: (i) the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules; (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction; (iii) the location of the arbitration will be Rockville, Maryland or such other location as the parties may mutually agree; and (iv) the parties will have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be familiar with the software industry. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator(s) will issue a reasoned award. The cost of the arbitration will be borne equally by the parties pending the award. Upon the decision of the arbitrator(s), the prevailing party will be entitled to receive from the other party its reasonable attorneys' fees and costs. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration.
20. Choice of Law and Forum
The Services are controlled by ZeniMax from within the State of Maryland, although it may be accessed and used throughout the world. Subject to Section 9, by accessing or using the Services, you and ZeniMax each agree that the substantive laws of the State of Maryland will govern with respect to all matters relating to or arising from this Agreement, or the use (or inability to use) the Services, and that such laws will apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth above, you and ZeniMax agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Rockville, Maryland with respect to such matters. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred.
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Without limiting the foregoing, ZeniMax's Services are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT ACCESS THE SITES OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITES.
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ZeniMax Media Inc.
1370 Piccard Drive, Suite 120
Rockville, MD 20850 USA