Direct2Drive - Terms of Service

Effective April 30, 2009
Click here to view current Terms of Service

DIRECT2DRIVE IS A SERVICE OWNED AND OPERATED BY IGN ENTERTAINMENT, INC., A DELAWARE CORPORATION WITH A REGISTERED OFFICE AT 8000 MARINA BOULEVARD, 4TH FLOOR, BRISBANE, CA 94005 ("IGN"). THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND IGN. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE [PLACE ORDER] BUTTON. YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES THROUGH DIRECT2DRIVE (INCLUDING DIRECT2DRIVE.CO.UK AND OTHER REGIONAL SITES) AND RELATED SERVICES (THE "SERVICE") IS GOVERNED BY THESE TERMS OF SERVICE ("TERMS"), WHICH SUPPLEMENT THE IGN USER AGREEMENT AND PRIVACY POLICY (TOGETHER WITH ANY UPDATES OR ADDITIONAL TERMS, THE "AGREEMENT"). IF YOU DOWNLOAD SOFTWARE FROM ONE OF THE IGN WEBSITES OR IN CONNECTION WITH THE SERVICE, YOUR USE OF THE SOFTWARE IS ALSO GOVERNED BY THE APPLICABLE END USER LICENSE AGREEMENT PRESENTED TO YOU ON DOWNLOAD OR INSTALLATION OF THE SOFTWARE.

Your Information. The Service is only for sales of Products or Product rights to end user customers for their personal, non-commercial use. The personal information you submit to IGN or IGN collects in connection with the Service is subject to IGN's Privacy Policy at http://corp.igngamespy.com/privacy.html, which is expressly made part of these Terms. If you have not already read IGN's Privacy Policy, you should do so now. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. IGN may terminate your access to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that IGN may, whether itself or through third party providers, store and use the Registration Data you provide (such as credit card information) in connection with the Services, including for use in maintaining your accounts, billing fees to your account, and for prepopulating purchase fields.

Account and Password. In order to be a registered user of the Service, you must have or establish an account ("Account"). If you are using an Account established on another part of IGN's network, you may be requested to complete additional information in connection with your use of the Services. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify IGN of any unauthorized use of your Account or any other breach of security. IGN shall not be responsible for any losses arising out of the unauthorized use of your Account.

Objectionable Material; Age Requirements. You understand that by using the Service and Products, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content of the Product or your interactions with other users in the course of using the Products. You agree to use the Service at your sole risk and that IGN shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable. Most Product descriptions contain the applicable Entertainment Software Ratings Board rating, and it is your responsibility to be sure that you understand the rating for any Product prior to purchase. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand this Agreement before purchasing products through the Service.

Digital Rights Management and Usage Rules. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. You understand that the Service, and products purchased through the Service, such as video games, digital "keys," in-game content, guides, filmed entertainment, sound recordings and related artwork ("Products"), may include a security framework using third party digital rights management technology ("DRM") that protects digital information and limits your usage of Products to certain usage rules established by IGN and/or its licensors ("Usage Rules"). The DRM may be an inseparable part of the Products, or a separate software component installed directly to a different section of your hard drive when installing such Product. By purchasing any Product through the Service you are consenting to any such installation and continued presence of the DRM on your computer and agreeing to its operation related to the Usage Rules. Such operation may involve the communication between your computer and the systems involved in regulating the Usage Rules. These Usage Rules may limit, among other things, the number of machines on which each Product may be activated or your ability to make copies of each Product. The DRM technology is licensed or provided to IGN by third parties, and IGN shall have no responsibility or liability to you for any issues you experience due to such DRM technology. The Usage Rules are subject to change at any time and IGN makes no promises regarding your ongoing ability to activate your Products. You agree to comply with such Usage Rules, and to not attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. If you live in a jurisdiction in which any of the foregoing activities are permitted by law, you agree to notify IGN prior to engaging in any such activity, and IGN will have the right to terminate this Agreement upon such notice. Usage Rules may be controlled and monitored by IGN and/or third parties for compliance purposes, and IGN reserves the right to enforce the Usage Rules with or without notice to you.

Product Requirements. Use of the Service and/or Products requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because use of the Service and/or Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the information page for each Product. Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. IGN does not assume any responsibility or liability for any such fee, account or third party software or content. Physical copies Products are not available. If you are having difficulty downloading the Product or encounter any other issues with the purchase, download or activation of a Product, you should visit our Customer Service section for support.

PAYMENT AND DELIVERY

Pricing and Sales Tax; VAT. Your total price will include the price of the Product plus any applicable sales or use taxes in effect on the time of purchase, and based on the bill to address. IGN reserves the right to change prices and availability of Products at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. IGN is not responsible for typographic errors in connection with the Service. If a price is materially incorrect when you place an order for Product, you will be entitled to a refund of the difference. You will not be entitled to any refund for price drops or promotional offerings occurring after the time of your purchase. For U.S. purchasers of the U.S. version of the Service, U.S. sales tax will be added on to the Product price displayed on the Service. For EU purchasers and purchasers on the UK version of the Service, and unless otherwise indicated at the time of purchase, Product prices on the Service include applicable VAT, which will be assessed at a variable rate depending on the jurisdiction in which you are located. IGN's VAT number is EU 826001018. If you are outside the EU but purchasing on the UK version of the Service (direct2drive.co.uk), your purchase price will be the full amount of the price posted. Failure on IGN's part to invoice you for any applicable sales and use taxes, value added taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.

Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. IGN reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.

Payment for Products. The Service accepts as forms of payment all major credit cards, debit cards that display the MasterCard or Visa logo, PayPal, and other payment providers as may be indicated on the purchase page. If a credit card is being used for a purchase, IGN obtains a pre-approval from the credit card company for the amount of the order. You agree to pay for all Products you purchase through the Service, and that IGN may charge your chosen payment method (such as credit card or PayPal) for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING IGN WITH A VALID PAYMENT METHOD INFORMATION FOR PAYMENT OF ALL FEES. All fees will be billed to the payment method you designate during the checkout process. IGN may pre-populate your payment method and related fields, and you will be responsible for verifying any information in such fields or for changing the payment method designated. Billing to your selected payment method occurs at the time of purchase. If you use the services of an alternate payment method provider such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. If you want to designate a different payment method or credit card or if there is a change in status of your payment method, you must change your information online on the "my account" page of the Service. IGN reserves the right to change the payment methods offered at any time.

Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or IGN. You may also have additional rights under applicable law.

Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund of the purchase price paid for such Product, as determined by IGN. IGN shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection. IGN makes available a download manager, which we believe provides a superior download experience, including the ability to resume interrupted downloads. In some cases certain Products may be "pre-ordered," meaning you will have the opportunity to purchase such Product prior to its release, such that you will have the right to such Product upon its release. You understand that in some instances Product release dates may be delayed and that release dates and times posted on the Service are only estimates, and you will not be entitled to any refund for a delayed release date. For such pre-orders, a portion or all of the Product software may be downloaded onto your computer prior to the release date, though the Product cannot be activated or played until the release date. IGN may provide you with the option to have such Product software automatically loaded to your computer, and by choosing such option you consent to IGN's monitoring your computer's latency for the purpose of effecting such download. Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence download of such Product. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, and regardless of whether Download Protection applies, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and IGN shall be without liability to you in the event of any loss, damage or destruction. IGN encourages all its users to appropriately back up the Product files and any other elements associated with the Products (such as key information).

Download Protection Service. At the time of checkout it may be indicated that your Product is covered by our Download Protection Service ("Download Protection"). This means that such Product purchased will be available for download through your Account after your initial download. The applicability of Download Protection to any particular Product is subject to the following limitations. The terms and conditions imposed by Product licensors may limit the availability or scope of Download Protection, including without limitation, the amount of downloads of a Product or length of time Download Protection is offered. Certain Products have one or a limited number of activations, and will not be accessible after the maximum number of allowed activations. Although key-based Products may be available through Download Protection, if the key has been consumed or misplaced or is otherwise ineffective, then the Product will not be operable. Download Protection is only available to the holder of the Account used to purchase such Product, and such Account must be in good standing in order to use Download Protection. Changes in your computer system or other technology may cause certain Products to be incompatible with your systems or otherwise inoperable. If you have changed your place of residence, certain Product territorial restrictions may make Download Protection unavailable.

No Ongoing Obligations. Notwithstanding any other provision of these Terms, IGN and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of IGN. Accordingly, in the event that IGN changes any part of the Service or discontinues the Service, which IGN may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that IGN shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although IGN may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

CUSTOMER SERVICE

Assistance with Orders. For assistance with billing questions or other order inquiries, please refer to our online support page. If you cannot find the answers you are seeking in our knowledge base, you can send us an email from that page.

Refund Policy. Certain restrictions apply to sales of Products sold through the Service that might not otherwise apply to physical goods. Refunds will not be issued due to your dissatisfaction with the Product or if your computer does not meet the minimum Product requirements. If you feel you qualify for a refund please contact Customer Service. Refunds or credits will be issued solely at IGN's discretion. Refunds may be offered if all the following conditions are met:

• The time of your request for refund/credit is fewer than 48 hours from time of purchase
• The game has not been activated
• The game activation key has not been disclosed to you by email or webpage*
• We find your request reasonable due to special circumstances
*Please note: This means that NO refunds will be offered for MMO games where the key has been sent by e-mail by clicking on the Download Now button on your account. All such sales are final.

EU Customers. If you reside in the European Union and you purchase a Product the Consumer Protection (Distance Selling) Regulations 2000 may apply, and you may have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). You will lose your right of withdrawal if you start downloading your product, or if the performance of our services has begun (such as if the Product activation key has been disclosed to you), before the end of the Cooling Off Period. Please note that if you purchase services from us, the performance of our services will begin immediately after you have received our purchase confirmation email. To withdraw from your purchase within the Cooling Off Period, please contact Customer Service. If you withdraw from your purchase within the Cooling Off Period, we will provide you with a refund for your purchase.

TERM AND TERMINATION

Termination by IGN. If you fail, or IGN suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of fees due, failure to provide IGN with a valid payment method or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, IGN, at its sole discretion, without notice to you may: (i) terminate these Terms and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). No such termination by IGN shall limit any other rights IGN may have in law or at equity.

Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to IGN. IGN reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or IGN will result in your permanent inability to access your Account and to download any Products associated therewith, and you will forfeit any right to any Products not already in your possession.

Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections Account and Password, Electronic Signatures and Contracts, No Ongoing Obligations, Term and Termination, Disclaimer of Warranties; Liability Limitations; Indemnity, and Other Legal Terms will survive, along with any other terms which by their nature are intended to survive.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY

Disclaimer of Warranties. IGN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME IGN MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY IGN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Liability Limitations. IN NO CASE SHALL IGN, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "IGN PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE IGN PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE IGN PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity. By using the Service, you agree to indemnify and hold the IGN Parties harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or through your Account or your use or access of the Service in a manner other than as authorized by IGN. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

OTHER LEGAL TERMS

Changes. IGN reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service or Products. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms as "Additional Terms") will posted on the Service website and will be effective fifteen (15) days after such posting and thereafter incorporated into these Terms. Your continued use of the Service following such effective date will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into these Terms by this reference. No IGN employee or agent has the authority to vary any of the Service's policies or these Terms governing any sale.

Enforcement of These Terms. IGN reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to IGN's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that IGN has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as IGN believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to IGN's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, IGN may provide links to certain third party websites. You acknowledge and agree that IGN is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. IGN does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

Intellectual Property Notice. You agree that the Service (along with all graphics, screen shots, video clips, demos and editorial content therein) and the Products contain proprietary information and intellectual property rights that are owned by IGN and/or its licensors, and are protected by applicable U.S. and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the Service or any Product, or to violate any agreement applicable to the use of such software, without the prior written consent of IGN. All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by IGN and/or its licensors. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. All copyrights in and to the Service, including but not limited to, the Direct2Drive Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by IGN and/or its licensors. IGN, the IGN logo, Direct2Drive, D2D, and other IGN trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of IGN Entertainment, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.

Export Control. You agree to abide by U.S. and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any Product or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. Without limiting the foregoing, you may not acquire Products through the Service if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List. You represent and warrant that your acquisition comports with and your use of the Products will comport with all such restrictions.

Notices. IGN may send you notice with respect to the Service by sending an email message to the email address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on the Service. Notices shall become effective immediately. IGN's main offices are located at:

IGN Entertainment, Inc.
8000 Marina Boulevard, 4th Floor
Brisbane, CA 94005 USA

Governing Law. The Service is controlled and operated by IGN from its offices in the United States. These Terms shall be governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section.

Miscellaneous. The Agreement constitutes the entire agreement between you and IGN and governs your use of the Service, superseding any prior agreements between you and IGN. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. IGN's failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. IGN will not be responsible for failures to fulfill any obligations due to causes beyond its control. In the event of any inconsistency or conflict between the terms of these Terms and the terms of the IGN User Agreement and/or Privacy Policy, the terms of the User Agreement and/or Privacy Policy shall prevail.