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If you have ordered any product from our Site, and we expect that there will be a delay in the delivery date of such product to you (or the date by which you may download or use a product from our site), then we reserve the right to notify you by e-mail of any such delay and the anticipated date by which the product will become available.
The Site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors (including cyber cafes) or otherwise sold or transferred. You may not permit others to use your account with Telltale. Organizations, companies, and/or businesses may not become members of Telltale and should not use the Telltale service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site or the sending of unsolicited bulk commercial e-mail will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, Telltale may take reasonable steps, including the limiting of the numbers of emails sent by a member.
Telltale owns and retains other proprietary rights in the Site and the Telltale service. The Site contains the copyrighted material, trademarks, and other proprietary information of Telltale and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
A) Telltale claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Telltale may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment Telltale violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Telltale and/or its members.
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D) The following is a partial list of the kind of content that is illegal or prohibited on the Site. Telltale will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass e-mail or unsolicited commercial e-mail or unsolicited electronic messaging or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, deceptive, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; displays personally identifiable information of a child known to be under the age of 13; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
E) You must use and you hereby warrant that you shall use the Site, contents, and services in a manner consistent with any and all applicable laws and regulations and in a manner those does not infringe, impair, or interfere with the rights of others or Telltale.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission from an authorized representative of our company. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Telltale by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or unsolicited commercial email to other Telltale members. Although Telltale cannot monitor the conduct of its members off the Site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use.” Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or in connection with any service offered by Telltale in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Telltale's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
PO Box 9737
San Rafael, CA 94912-9737
please cc: firstname.lastname@example.org.
It is the intention of Telltale to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
Telltale does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other Telltale members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the Site, you release Telltale, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual, special, statutory, and consequential) of every kind and nature including but not limited to defamation, negligence, tort, contract, statutory violations, common law violations, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Telltale reserves the right, but has no obligation, to monitor disputes between you and other members.
Telltale including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Telltale service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Telltale service whether online or offline. Telltale assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Telltale is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Telltale service.
Telltale shall further not be liable for any delay or failure to perform resulting from causes outside its reasonable control including, without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.
Under no circumstances will Telltale be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the Site or transmitted to Telltale users or members. The Site and the service are provided "AS-IS" and Telltale expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Telltale cannot guarantee and does not promise any specific results from use of the Site and/or the Telltale service. Telltale products and services may not be available in all countries.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND IN THAT EVENT LIABILITY IS DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW), IN NO EVENT WILL TELLTALE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR ANY TELLTALE PRODUCT OR SERVICE, EVEN IF TELLTALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TELLTALE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TELLTALE FOR THE SERVICE OR PRODUCT(S) DURING THE TERM OF YOUR MEMBERSHIP.
Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Except as explicitly stated otherwise, any notices to Telltale shall be given by e-mail and by mail or courier (with delivery signature required) to:
PO Box 9737
San Rafael, CA 94912-9737
and any notices to you shall be given to the email address you provide to Telltale during the registration process or at Telltale’s discretion mailed or sent via mail or courier to the address you may have provided to Telltale (or updated in your member profile) if any. Notice shall be deemed given 24 hours after email or overnight courier or mail is sent. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Telltale in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Telltale shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. Telltale's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You may not amend or change the terms of this Agreement. If Telltale amends or changes this Agreement, your continued use or access of the Site constitutes acceptance of such notice or change. If you do not agree to accept any change or amendment to this Agreement, your sole recourse and remedy is to cancel your account with Telltale. This Agreement may only be amended or changed in writing by an authorized representative of Telltale. Oral changes or amendments to this Agreement are not binding on Telltale.
Telltale is located at:
4000 Civic Center Drive
San Rafael, CA 94903
PO Box 9737
San Rafael, CA 94912-9737
(Revised September 21, 2012)
All the votes are in and we're getting ready to announce the winners. Until then pardon our mess. I promise we'll have a winner announcement for you guys very soon! Until then you can check out the winners from the first three weeks.
Tales of Monkey Island
'Game Designer for a Day Contest'
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
These are the official rules of the Tales of Monkey Island 'Game Designer for a Day' Contest (the "Contest") for Tales of Monkey Island (the "Game.")
In these rules, "we," "our," and "us" refer to Telltale, Inc. ("Telltale"), the sponsor of the Contest. "You" refers to an eligible participant in the Contest. LucasArts, a division of Lucasfilm Entertainment Company Ltd., ("LucasArts") and its parent, related and affiliated companies, entities and divisions are not sponsors of this Contest.
1. Start and End Dates: The Contest starts on July 13, 2009 and ends at midnight (PST) on August 10, 2009 ("the Contest Period").
2. Eligibility Requirements: You are eligible to enter this Contest if you meet the following requirements at the time of entry: You are a not a resident of a jurisdiction or country where this Contest is prohibited. You are 18 years or older. If you are 18 years of age or older, and are considered a minor in your place of residence, you are not eligible to enter. You are not an employee or agent of Telltale, Inc. or LucasArts nor or any of your immediate family. If you are chosen as the grand prize winner you will be required to sign a release (the "Release"), which assigns to Telltale and LucasArts all right, title and interest to the Submitted Material, including the right to use the Submitted Material in an upcoming episode of the Game and also, at Telltale's option, the exclusive right to use Submitted Material in advertising, marketing and promotion for the Game. "Submitted Material" means a line of dialogue written by you that is suitable for use in the Game as further outlined in these rules. Telltale will also have the right (but not an obligation) to use your name in the Game and/or in the advertising, promotion and marketing for the Game. Except as set forth herein, you will not receive any compensation or other consideration for the rights granted by you with the respect to the Submitted Material or your name. The right for Telltale to use your Submitted Material and your name (as set forth herein) will be irrevocable, worldwide and will last in perpetuity.
This Contest is subject to all applicable national, federal, state, provincial, territorial and local laws and regulations and is void where prohibited by law. Awarding of any prize is subject to verification of the winner.
3. Contest Registration and Submissions:
Entries to the Contest are to be submitted online at: www.telltalegames.com/monkeyisland/contest. Any attempted form of entry into this Contest other than as described is void. You agree that by entering the Contest, Telltale may post your Submitted Material and your screen name on its website. If you are selected as a finalist, then you agree that Telltale, at its option, may also post your legal name on its website. All Submitted Material will become property of Telltale and will not be returned. Telltale is not responsible for lost, late, misdirected, illegible, or incomplete entries. Telltale is not responsible for any change of email address, mailing address and/or telephone number of entrants.
Submitted Material may be disqualified by Telltale for any reason, including without limitation if it contains any language that Telltale considers obscene, offensive or pornographic.
In submitting an entry, you represent that the Submitted Material complies with the Contest rules and that the information you have given is true and accurate. You must be the sole author and owner of the copyright in the Submitted Material, and you represent that the Submitted Material does not violate the privacy or intellectual property rights of any third party. By accepting any prize, the winner (and, if applicable, his/her parent or legal guardian) agrees to hold harmless Telltale and LucasArts and their respective directors, officers, employees and assigns against any and all claims and liability arising out of use of the prize. By participating in the Contest, you agree to be bound by the Official Rules and the decisions of Telltale.
Upon entry, Telltale will own all Submitted Material. Non-winning Submitted Material will not be returned. If for any reason the Internet portion of the Contest is not capable of running as planned, including infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Telltale which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Telltale reserves the right at its sole discretion, to cancel, terminate, modify or suspend the Contest and to award all prizes from among all eligible entries received prior to (or after, if applicable) action taken by Telltale.
4. FORMAT AND LIMITATION ON ENTRIES
You may only submit one entry to the Contest per week. You may not enter with multiple email addresses. Any entrant who attempts to play with multiple email addresses or under multiple identities will be disqualified from participation in the Contest and all entries by that entrant will be void.
You may also submit only one line of dialogue with your entry. Lines of dialogue in excess of 25 words will not be acceptable.
5.WINNER SELECTION AND NOTIFICATION
Odds of winning depend on the total number of eligible entries received. Telltale will post Submitted Material from certain Contest entrants on its website, telltalegames.com. From all Contest entries, Telltale reserves the right to select only a limited number of entries that may be posted to the website or to select no entries. One winner will be selected from among the entries submitted that week based on the highest number of votes received. Telltale may advise prospective voters of criteria upon which selection will be based. Additionally, Telltale reserves the right to select a different weekly finalist or no weekly finalist at all from among the entrants to the Contest that week if Telltale determines that such finalist's Submitted Material does not meet Telltale's quality and creative standards for written material in its games, as determined in its sole discretion.
All winners of the weekly voting process will be entered into a grand prize selection round. Visitors to the website will have the opportunity to vote on which finalist is the grand prize winner of the Contest. This Contest is void where prohibited by law. Only one grand prize winner will be selected; however, if that grand prize winner does not sign and return the Release within ten (10) days of it being sent by Telltale then an alternate grand prize winner may be chosen and, if an alternate grand prize winner is chosen, the original grand prize winner will be disqualified. At its option, and without an obligation, Telltale may also post the names of certain finalists on the telltalegames.com site who received the closest number of votes to the grand prize winner.
If you are the grand prize winner of the Contest, we will notify you by sending a message to the e-mail address, the phone number, or mailing address (if any) listed on your entry within seven (7) days following the selection of the winner. If the notification that we send is returned as undeliverable, or you are otherwise unreachable for any reason, we may choose an alternate winner and award any applicable prize to that alternate winner. After receiving the signed copy of the Release, Telltale will post the name of the grand prize winner on its website at a time to be determined by Telltale.
6. LIMITATION OF LIABILITY
By participating in this Contest, you agree to release Telltale and its employees, as well as each of their respective successors, representatives and assigns from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest. All entries are sent at your own risk and Telltale cannot accept liability for any loss of or damage to any Submitted Material.
You agree that any claim or controversy arising out of or related to the Contest shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall take place in Marin County, California, and you waive any claim that such forum is inconvenient. Any such claim or controversy shall be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party. The Arbitrator may not change the terms of this Agreement and may not award any injunctive or other equitable relief.
By entering the Contest, you agree and acknowledge to be bound by the Official Rules, as well as the decisions of Telltale which are final and binding in all respects; to waive any rights to claim ambiguity with the Official Rules, and that Telltale and LucasArts shall have no responsibility or liability (including, but not limited to, liability for property loss, damage, personal injury or death) in connection with: participation in the Contest; technical or mechanical error(s) on the website; typographical error(s) in Contest promotional material; acceptance/possession, defects, and/or use/misuse of prizes, human error; incorrect or inaccurate transcription of entry information; any technical malfunction(s) of the telephone service, telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by Telltale or by you; interruption or inability to access the Contest, any Contest-related web pages, or any online service via the internet due to hardware or software compatibility problems; any damages to your (or any other person's) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of Telltale. You further agree to indemnify and hold harmless Telltale and LucasArts from any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against either Telltale or LucasArts. Winners release Telltale and LucasArts from any and all liability/responsibility with respect to the prizes won (including any property loss, damage, personal injury, or death). Telltale and LucasArts shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused or contributed to (i) by any wrongful, negligent or unauthorized act or omission on the part of either Telltale or LucasArts, or any of their respective agents, servants, employees or independent contractors, (ii) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Telltale or LucasArts, or (iii) by any other cause, condition or event whatsoever beyond the control of Telltale or LucasArts.