PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

ACCEPTANCE OF CONTRACT TERMS

The following terms of use (“Terms of Use”) are the terms of a legal agreement between you and SICKHEAD GAMES, LLC. (hereinafter referred to as “Sickhead Games”). By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by Sickhead Games from its offices within the United States. Sickhead Games makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and materials thereon from territories where the content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You represent, warrant, and covenant that: (a) you are at least eighteen (18) years old or you are at least thirteen (13) years old and are using the Site under the active supervision of a responsible adult over the age of eighteen (18), and (b) you shall not upload, email, post or transmit to, or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus, worm, Trojan horse, or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indication of origin or statement of fact. Rooms determined by Sickhead Games to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property are not allowed. You acknowledge that you will not impersonate someone else, nor use deceptive nicknames that would lead people to believe you are a person or entity that you are not. Stalking of others, in our chat rooms or in another manner, is a serious offense. Such behavior may be considered a criminal act. We reserve the right to release information to the proper authorities, as a result of a violation of our standards, or unlawful acts, if the information is subpoenaed, and/or if we deem it necessary and/or appropriate.

COPYRIGHT AND USER RESTRICTIONS

All site design, text, graphics, interfaces, and the selection and arrangement thereof are © 2002-2004 Sickhead Games, LLC. All rights reserved. All material provided on this Site is protected by copyrights owned or controlled by Sickhead Games or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Sickhead Games or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site solely for personal, non-commercial use only provided you do not modify, copy, alter, reverse engineer, disassemble, or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this permission and that no title or material from any of the Site has been or will be transferred to you by Sickhead Games or anyone else. Upon termination, you will immediately destroy any and all downloaded and/or printed materials. You also may not, without Sickhead Games’ prior, written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Sickhead Games respects the intellectual property of others and expects users of the Site to do the same. At our discretion and in appropriate circumstances, Sickhead Games may terminate the accounts of users and/or prevent access to the Site by users who infringe upon the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Sickhead Games’ designated agent for notice of alleged copyright infringement appearing on the Site is:

Tom Spilman c/o Sickhead Games, LLC
10925 Estate Lane STE 220
Dallas, Texas 75234
Phone: (214) 295-6174
Fax: (214) 257-8812
Email: biz@sickheadgames.com

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site: http://www.loc.gov/copyright/title17

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Sickhead Games’ proprietary rights in them.

TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Sickhead Games and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Sickhead Games will aggressively enforce its intellectual property rights to the fullest extent of the law. The Trademarks, including both Sickhead Games’ and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Sickhead Games prohibits use of the Sickhead Games logo as a “hot” link to any other web site unless establishment of such link is approved in advance by Sickhead Games in writing. A partial list of Sickhead Games Trademarks follows: SICKHEAD GAMES and the SICKHEAD GAMES logo.

POSTINGS, SUBMISSIONS, AND CHAT ROOMS

By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Site, you hereby grant to Sickhead Games a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Sickhead Games for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You acknowledge that Communications to, from and through the Site are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications using the Site, no confidential, fiduciary, contractually implied, or other relationship is created between you and Sickhead Games other than pursuant to this Agreement.

Sickhead Games likes to hear from you. However, please bear in mind that Sickhead Games does not accept or consider any unsolicited creative ideas or suggestions relating to any of its products or marketing plans. Therefore, please do not make any such submissions, including, but not limited to, ideas for games, or any other creative suggestions, ideas, notes, drawings, concepts or other information, to Sickhead Games through the Site or otherwise. Sickhead Games will not review any such submissions.

The Site makes chat rooms, forums, message boards, email, user-generated homepages, and/or news groups available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. Your right to speak freely here must be exercised with courtesy and self-restraint. In consideration of being allowed to use the Site, when you enter or use a chat room, use a message board, transmit an e-mail, create a home page, or otherwise utilize the Site, you explicitly and unequivocally agree you will not: use any Site service for any purpose in violation of local, state, or national laws of any country; post or otherwise transmit any material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; post or otherwise transmit any material that reveals trade secrets, unless you own them or have the permission of the owner; post or otherwise transmit any material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or otherwise transmit any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or otherwise transmit sexually-explicit images; post or otherwise transmit advertisements or solicitations of business; disrupt the normal flow of dialogue and/or exchange on the Site, or post or otherwise transmit material that is not related to the subject at issue; or post or otherwise transmit chain letters or pyramid schemes. You are responsible for your own Communications, as defined above, and are responsible for the consequences of posting or otherwise transmitting those Communications. Sickhead Games does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Site users or endorse any opinions expressed by such users. Sickhead Games does not screen Communications in advance and is not responsible for screening or monitoring material posted or otherwise transmitted by Site users. If Sickhead Games receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Sickhead Games may investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. Sickhead Games has no liability or responsibility to users for performance or nonperformance of such activities. Sickhead Games reserves the right to expel users and prevent their further access to the Site for violating this Agreement or violating the law. Sickhead Games reserves the right to remove Communications which are abusive, illegal, disrespectful, or disruptive.

ORDER ACCEPTANCE

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Sickhead Games reserves the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

DISCLAIMER OF WARRANTY

THE INFORMATION, SERVICES, PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SICKHEAD GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, OR OTHER VIOLATION OF RIGHTS. SICKHEAD GAMES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. SICKHEAD GAMES IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE.

Any products purchased from this Site are subject to the warranty provisions enclosed with said products. Please review the applicable warranty.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SICKHEAD GAMES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF SICKHEAD GAMES OR A SICKHEAD GAMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Sickhead Games and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Sickhead Games may make changes to these materials, or to the products described therein, at any time without notice. Sickhead Games makes no commitment to update the materials. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, Sickhead Games’ total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the Site.

INDEMNIFICATIONS

You agree to indemnify, defend and hold Sickhead Games and its respective officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the “Sickhead Games Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys’ fees) incurred by any Sickhead Games Party in connection with any use or alleged use by you of the chat rooms, bulletin boards, or other user forums of this Site, or any unauthorized, illegal, or infringing use of this Site by you. Sickhead Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sickhead Games’ defense of such claim.

PRIVACY POLICY

Sickhead Games is committed to protecting your privacy as a user of this web site. We do not sell information about you (such as your e-mail address) to anyone. From time to time certain portions of this web site may use your ip address for various purposes such as logging, banning, focused content, or to implement certain forum features. Occasionally the site may set cookies in order to better serve you.

GENERAL

You should be aware that when you are on the Site, you could be directed to other sites that are beyond its control. There may be links to other sites from Sickhead Games that take you outside Sickhead Games’ service. These links are for convenience only and you access them at your own risk. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

By permitting advertising on the Site, Sickhead Games makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Sickhead Games specifically disclaims liability for direct, consequential, or incidental damages arising from such advertisements. By responding to an advertisement on the Site, you waive any claims against Sickhead Games for damages arising from such advertisement or your reliance upon statements in such advertisement. You will not consider Sickhead Games nor will Sickhead Games be construed as a party to such transactions, whether or not Sickhead Games may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS SICKHEAD GAMES LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.

Sickhead Games may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

This Agreement shall be construed in accordance with the laws of the State of Texas and the United States, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and Texas state courts located in the County of Dallas, Texas. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by Sickhead Games in the United States federal and Texas state courts located in the County of Dallas, Texas. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Sickhead Games’ agents, licensors, licensees, successors, and assigns. In the event any one or more of the provisions of this Agreement is unenforceable, it shall be modified so as to remain in force and effect, but if that is not possible then it will be stricken from this Agreement, and the remainder of the Agreement will be unimpaired. The headings in this Agreement are for purposes of reference only.