ARVATO DIGITAL SERVICES' 2K ONLINE STORE
TERMS AND CONDITIONS OF USE
TABLE OF CONTENTS
Last updated: August 24, 2011
") operated by Arvato Digital Services LLC ("Arvato
" or "us
for details about their terms related to your use of the Site.
Each time you access the Site, including our software download and product ordering service ("Service
is a site operated by Arvato Digital Services LLC, a Delaware limited liability company with a place of business at 29011 Commerce Center Drive, Valencia, California 91355. Arvato is an official reseller for 2K and the merchant of record for the products offered on the Site. All transactions on the Site take place between you and Arvato. Back to top
• 2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide through the Site without notice. We will not be liable to you if for any reason the Site or the Service is unavailable at any time or for any period of time. Back to top
• 2.2 From time to time, we may restrict access to some or all parts of the Site and/or the Service.
• 2.4 You are responsible for making all arrangements necessary for you to have access to the Site and/or our Service. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
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• 3.1 To order products from the Site, please follow the instructions on screen.
• 3.2 You may not use the Site or its contents:
º 3.2.1 for commercial purposes;
º 3.2.2 for resale purposes including the systematic extraction and/or re-utilization of any part or the contents of the Site (e.g. item listings, descriptions, prices);
º 3.2.3 to download (other than page caching) or modify the Site, or any portion of it; or
º 3.2.4 for any purpose which is unlawful.
• 4.1 We are a licensee of 2K of certain intellectual property rights in the Site and in the material published on it. All content included in the Site and Service is protected by copyright laws, trademark laws and other such intellectual property laws. All such rights are reserved. Back to top
• 4.2 You may not copy, reproduce, upload, post, distribute, republish, retransmit or modify in any way any of the material on this Site. You may download material on this Site for your personal, non-commercial use, provided that you retain any and all copyright, trademark or other proprietary notices.
• 4.4 Using the Site does not give you permission to link to it or to use any of the trademarks, designs, and/or logos contained within it.
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with us through this Site (a "Communication"), you are granting us a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction. Back to top
We aim to update the Site and maintain the Service regularly, and may change the content at any time. If the need arises, we may suspend access to the Site or the Service, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Back to top
• 7.1 We have been appointed by 2K as an official reseller for the products offered through the Site. We are solely responsible for the sales transactions on the Site. Back to top
• 7.2 The price of any product will be as quoted in the Site from time to time, except in cases of obvious error. These prices exclude sales tax and delivery costs, which will be added to the total amount due shown on the check-out page. We are under no obligation to deliver the products until we have received payment from you. We reserve the right to refuse any order you place with us.
• 7.3 Your credit card will be charged at the time your purchase order is completed on the Site, including any pre-orders. Please refer to your on-screen shopping cart for estimated availability of any pre-ordered products. Your pre-ordered product will be delivered soon after product availability.
• 7.4 We reserve the right to correct any errors, inaccuracies or omissions on the Site and to update information or cancel orders if any information on the Site is inaccurate.
• 7.5 Products offered in the Site are the intellectual property of 2K. To install any software purchased from the Site you must accept the 2K software license terms bundled with the product. You may not remove any copyright, trademark or intellectual property notice which forms part of any product purchased from the Site.
• 8.1 The Site is provided on an "as is" and "as available" basis. We do not guarantee that it is accurate or error-free, or that errors will be corrected, or that it is free of viruses or other harmful components. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Site or the Service. We make no representations or warranties of any kind express or implied, including, without limitation, implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by us to the fullest extent permitted by law. Back to top
for details about their collection of data on the Site. Back to top
• 10.1 You must not misuse the Site or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site or the Service, the server on which the Site or the Service is stored or any server, computer or database connected to the Site. You must not attack the Site or the Service via a denial-of-service attack or a distributed denial-of-service attack. Back to top
• 10.2 We may report any breach of this provision to relevant law enforcement authorities and we will cooperate with those authorities in all respects. In the event of such a breach, your right to use the Site and our Service will cease immediately.
• 10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or our Service or your downloading of any material posted on this Site or on any website linked to this Site.
You agree to defend, indemnify and hold Arvato Digital Services LLC, Take-Two Interactive, and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms and Conditions by you or your authorized users, or in connection with the use of this Site or the Internet or the placement or transmission of any message or information on this Site by you or your authorized users. We will provide notice to you promptly of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. Back to top
You consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted on this Site. You acknowledge and agree that any communications via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing. Back to top
These Terms and Conditions shall be governed by the laws of the State of New York without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of New York. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Back to top
These Terms and Conditions may be terminated by us at any time without notice. In the event of termination, you are no longer authorized to have access to the Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes. Back to top
If you have any questions, please contact us at: Arvato Digital Services LLC, 1700 Broadway, 26th Floor, New York, New York 10019; Attention: Vice President, Legal Affairs. Back to top
Thank you for visiting the Site.