VGP3 Use and License Agreement Terms and Conditions

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The Virtual Grand Prix 3 software, the VGP3 website and all the software, artwork and other content available from the VGP3 website, where not explicitly stated as belonging to others, are © 2006-2010 by Paolo Cattani / A&M di Tomasello Marco Alessandro. All Rights are Reserved.

This document provides important information about the VGP3 services available through the VGP3 website (including VGP3 website accounts, VGP3 community membership, VGP3 forum membership) and all the software, artwork and additional content available for download from the VGP3 website, collectively referred to as simply "VGP3" from now on.

You should take time to read and understand this VGP3 use and license agreement, acceptable use policy and privacy policy (from now on simply the "Agreement") between you, the end user, and A&M di Tomasello Marco Alessandro (located in V. Turati 7, Lodi - Italy), from now on simply referred to as "A&M". You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use VGP3 software or services.

IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU - NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY A&M.

A&M may change, add or remove any part of this Agreement, or any part of the VGP3 services and features, including price, at any time. If it does so, A&M will post such changes on the VGP3 website.

IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING VGP3. YOUR CONTINUED USE OF VGP3 NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

1. Using VGP3 account

To use a VGP3 account, you must be at least 18 years old (or such older minimum age as may be required by applicable local law). If you are under the required age, you may still use VGP3 (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian.

This Agreement is a legal document that sets forth your rights and obligations as a VGP3 user. You cannot use VGP3 until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use VGP3. Your use of VGP3 is also subject to A&M's Privacy Policy. This applies to this Agreement and the Privacy Policy as they currently exist and as they may be revised from time to time by A&M.

When you accept this Agreement and complete the VGP3 registration process, you become the account holder. As a VGP3 account holder, A&M provides you with a limited, non-exclusive license for no more than the term of your membership to use the member name and passwords provided to you for your account. Your member name, when confirmed by A&M, is your online identity. Do not reveal your passwords to other users. Your account is at risk if you let someone use it inappropriately.

2. VGP3 software license purchase and payment

If you register a VGP3 account, you agree to purchase a VGP3 software license at the prices set forth on the VGP3 site and upon the terms set forth on that site and in this Agreement. The only exception to this rule is if you legally own a VGP3 voucher code (from now on referred to as a "Gift Code"). All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law.

When you buy (or when you use a Gift Code to get) a VGP3 software license you'll be granted the possibility to download software from the VGP3 website for a limited period of time. The exact duration of such period of time will be posted on the VGP3 website, and the expiration date will be showed in your VGP3 website personal profile section. During this period of time you'll be a member of the VGP3 community. Such VGP3 community time limited membership is only intended to give you reasonable time and bandwidth to download the VGP3 software you have a license for; however, A&M, in its sole discretion, may grant you, during your membership period, additional rights, services or features.

Upon expiration of your VGP3 membership period you may elect to purchase again a new VGP3 software license. In that case, your VGP3 membership will be renewed and you'll be granted the possibility to download again the (possibly) renewed and/or updated VGP3 software from the VGP3 website for another membership period.

During your membership period you may elect to purchase one or more Gift Codes. Again, all charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. Gift Codes are only intended to be used as vouchers to donate a VGP3 license to download and use software from the VGP3 website. You don't need to purchase Gift Codes to fully use VGP3: if you elect to purchase one or more of them, please note that GIFT CODES ARE NOT RESELLABLE AND ARE NOT REFUNDABLE. Moreover, you are responsible for keeping your Gift Codes in a safe place. Do not reveal Gift Codes to other users, unless they are the intended recipients.

A&M reserves the right to change prices or to institute new charges for VGP3 or any portion of VGP3 at any time, upon prior notice. Price changes and institution of new charges implemented during your membership period will apply to subsequent membership periods and to all new VGP3 users after the effective date of the change. All pricing changes will be posted on the VGP3 website, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of VGP3, or your failure to terminate your membership, after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent membership periods.

Invoices will be provided electronically to the email account you provided during the VGP3 registration process. A&M will charge the VGP3 software license fee to the credit card account provided by you. You also agree that A&M may automatically charge your credit card for renewal of your membership without further authorization from you, unless and until you provide A&M with at least five (5) days prior notice that you do not wish to renew your membership to VGP3 or that you wish to change your previously designated credit card account. If you do not elect to renew your membership, all Personal Content you have created and stored on VGP3 website may be deleted at the expiration of your membership period. (See "Authorization to Remove Content", below).

If payment is not received by A&M from your credit card issuer or its agents, you agree to pay all amounts due from you for your VGP3 software license, upon demand by A&M.

3. Using VGP3 software

Once you get a VGP3 software license and become a member of the VGP3 community, A&M grants you a non-exclusive and non-transferable license to use the VGP3 software downloadable from the VGP3 website. Permission is granted to download, install and use the VGP3 software on any number of computers as long as you remain the only user of each copy, to copy the VGP3 software for backup purposes only, provided that each copy contains all of the VGP3 software original contents, which includes but is not limited to original, unmodified distribution package and its contents with all proprietary notices included. Such license won't be terminated by expiration of your VGP3 membership, and you'll be free to use the downloaded VGP3 software as long as you abide by the terms of this Agreement even if you don't renew your VGP3 account.

You are not allowed to permit other individuals to use the VGP3 software. You are not allowed to modify it in any way, which includes but is not limited to modifying original archive format, and any of its contents using techniques like reverse engineering, decompilation or disassembling. You are not allowed to create derivative works based on the VGP3 software (except for personal, non-commercial, educational use), copy the VGP3 software (except as specified above), sell, rent, lease or in any other way transfer rights to the VGP3 software to anyone. You are not allowed to remove any proprietary notices or labels on the VGP3 software, or misrepresent the VGP3 software origin as well as A&M or the VGP3 software authors.

You are not allowed to sell the VGP3 software or make any profit of it, and you are not allowed to sell included artwork or content or make any profit of it either in original form (i.e. in the original graphics or audio format) either in derivative form including but not limited to audio or video CDs, vinyl's, audiotapes, MP3 format, or any other media.

You are allowed to publish and claim ownership to your own creations (i.e. new tracks, cars, images, songs, audio f/x, plugins, tools or otherwise) you created (from now on referred to as "Personal Content") using the VGP3 software and/or the included or available documentation, as long as they are entirely your own work, and not derivation from the VGP3 software or third parties' material. If all these terms are met, you are not obliged to pay any royalties to A&M or the VGP3 software authors. You are not obliged to notify A&M about publishing Personal Content, providing the conditions above are met, but promoting Personal Content may be in your and A&M's interest, therefore notifying A&M is suggested - but not required. You are allowed to upload Personal Content on the VGP3 website using your VGP3 account, as long as you abide by the acceptable use policy and this Agreement. A&M reserves the right, at any time, in its sole discretion and without notice, to limit or disable your upload access to the VGP3 website.

Title, copyright, ownership rights, intellectual property rights and author rights in the VGP3 software shall remain with A&M and/or the VGP3 software authors.

4. Availability of Service

While A&M makes reasonable efforts to ensure that VGP3 is available at all times, A&M does not guarantee, represent or warrant that VGP3 services or VGP3 software will be uninterrupted or error-free, and A&M does not guarantee that users will be able to access or use all the VGP3 features at all times.

Subject to any specific license agreements for various VGP3 software features or third party software available for download from the VGP3 website, A&M may change, suspend or discontinue any (or all) aspects of VGP3 at any time, including the availability of any VGP3 feature. A&M may also impose limits on the use of or access to certain features or portions of VGP3, or restrict your access to any part or all of VGP3, in all cases without notice or liability. You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of VGP3, if you elect to use those products, services or features.

A&M also does not guarantee or warrant that any Personal Content you may have uploaded in your VGP3 account will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other Personal Content. Unless otherwise expressly provided in the terms of any service or feature offered in VGP3, A&M will not be responsible for any archiving or backup of any such information. If any data, messages, images or other Personal Content in your account and stored on the VGP3 system is damaged, lost or corrupted in any way, A&M will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular VGP3 feature or service.

5. Acceptable use policy guidelines

A&M encourages VGP3 users to participate in the on-line world to express their views and to benefit from the interactive VGP3 experience by sharing Personal Content. However, it is important to remember that there are rules and standards that you must abide by when you use VGP3. These rules and standards are described in this Agreement. As a VGP3 user, you agree to comply with this Agreement, and you acknowledge that A&M has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your VGP3 account, violate the terms of this Agreement, A&M may take any and all appropriate actions - this can range from the issuance of a warning about a violation to the termination of your access privileges for VGP3 to legal action - as A&M deems necessary or appropriate. A&M is not required to provide notice prior to terminating your VGP3 access for violating these rules and standards, but it may choose to do so.

You are solely responsible for your conduct, and the conduct of anyone using your account, while using VGP3, including the contents of all email or forum messages generated or forwarded, and all Personal Content in any folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your VGP3 account. A&M will not be responsible or liable in any way for any such on-line distribution or publication. A&M cannot and will not review every message or other Personal Content which may be generated or posted on or through your account (although A&M reserves the right to monitor members' use of VGP3 - see "Investigations", below), and A&M will not be responsible for anything in any of those messages or Personal Content.

A member's use of VGP3 should conform to the requirements of the law, respect for the rights of other users of VGP3 and third parties, and current standards for communicating on-line. By your use of VGP3, you agree to use appropriate conduct and language when you are online - this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable laws.

A&M reserves the right to terminate your access to VGP3 at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account), any infringement of A&M's or others' intellectual property by you, or any other circumstances which, in A&M's sole discretion, merit termination. Any such termination may, if A&M elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

a) Illegal, tortious and prohibited conduct

VGP3 may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Personal Content that could subject A&M to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If A&M elects to terminate your right to use VGP3 as a result of any illegal or prohibited conduct, A&M may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.

Examples of prohibited conduct are:

    * Posting obscene Personal Content (including child pornography)
    * Planning illegal activity, such as building a bomb or counterfeiting money
    * Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
    * Pretending to be anyone you are not - you may not impersonate or misrepresent yourself as another person (including celebrities), another VGP3 user, an A&M employee, or a civic or government leader; A&M reserves the right to reject or block any VGP3 user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
    * Using false statements to get, or to attempt to get, account information or other private information from other VGP3 or Internet users
    * Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
    * If you believe that illegal, tortious or other prohibited content is being transmitted through any VGP3 service, you may report it to A&M by using the Contacts section of the VGP3 website.

A&M reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, A&M reserves the right to comply with any civil court orders and/or subpoenas. If A&M decides to investigate or resolve possible misuse involving you or anything you do on VGP3, A&M is entitled, except to the extent prohibited by applicable law, to disclose any information about you in A&M's possession in connection with your use of VGP3 and anything you do with VGP3 to law enforcement or other government officials, as A&M in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of VGP3, you authorize A&M to take any such actions.

b) Objectionable conduct and content

It is essential that all content on VGP3 reflect the provisions of this Agreement. A&M reserves the right to remove content, including Personal Content, if A&M becomes aware of any content in any VGP3 area which, in A&M's judgment, does not conform to this Agreement. A&M may send you a warning about the violation of this Agreement if your VGP3 account was responsible for putting objectionable content on-line, but A&M reserves the right not to do so. At all times, A&M reserves the right to terminate, with or without notice, the accounts of VGP3 users who violate this Agreement. In such case, you will not be entitled to any refund of your membership fee or of any additional fees you may have paid for upgraded services (subject to applicable law).

Examples of objectionable conduct and content that violate the VGP3 acceptable use policy are:

    * Harassing, threatening, or embarrassing another VGP3 or Internet user, including unsolicited commercial communications
    * Stalking another VGP3 or Internet user ("cyberstalking")
    * Transmitting, storing or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable
    * If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends
    * Posting content that defames, abuses or threatens physical harm to others or yourself
    * If you believe that objectionable conduct and content is being transmitted through any VGP3 service, you may report it to A&M by using the Contacts section of the VGP3 website.

Please remember that these are only guidelines; there are always "gray areas." Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, A&M reserves the right to make the final determination about whether content is objectionable or not.

6. Prohibited use of VGP3 accounts

VGP3 service has been designed for personal use in order to enhance the VGP3 software experience. It's not intended to be used as a general-purpose backup system, nor it's intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet. Also, VGP3 accounts are not intended to be used for FTP access and downloading. The features, accounts and services which make up VGP3 are limited in terms of the bandwidth for network traffic and disk utilization for storage allocated to them. Exceeding any applicable limitation of bandwidth or capacity may cause a malfunction in the VGP3 system. If there is excess usage on your account, A&M reserves the right to temporarily disable access to or remove information available from your account. Repeated violations may result in termination of your account.

Examples of prohibited use of VGP3 accounts

    * Posting Personal Content that is not intended to be used with the VGP3 software or anyway enhance the VGP3 experience in any way, such as using the VGP3 upload feature to backup personal data
    * Soliciting for advertisers or sponsors
    * Posting sponsorships and third-party advertisements and banners
    * Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other VGP3 users
    * Reselling, renting or subleasing VGP3 space under any circumstance
    * Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding VGP3 users other than for personal, non-commercial purposes
    * Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters
    * Any use of VGP3 services or software different than for personal use.

If you encounter something you find inappropriate, you may report it to A&M by using the Contacts section of the VGP3 website.

7. Copyright and intellectual property infringement

Much of the content available through VGP3 is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any content while using VGP3, make sure you have been given the legal right to do so by the owner of the content. In general:

    * You may download and use the software for your own personal use, subject to any rights retained by the developers;
    * You may upload Personal Content only if you have the legal right to do so;
    * You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the content you find through VGP3, unless you have the legal right to do so; and
    * You must not make available serial numbers for software for the purpose of illegally validating or registering software.

Making unauthorized copies of any content, either VGP3 software or Personal Content of other VGP3 users, can lead to the termination of your VGP3 access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of the content may take criminal or civil action against you. If a content owner takes legal action against A&M because of your unauthorized use of content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify A&M, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of A&M hiring attorneys to defend against the action.

By submitting or posting Personal Content on VGP3, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant A&M a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public Personal Content solely for the purpose of displaying, distributing and promoting the VGP3 service and software. Said license will terminate ONLY upon A&M receiving written communication by you explicitly requesting to terminate such license. Said license won't otherwise be terminated upon expiration or cancellation of your VGP3 membership account.

If you believe that any Personal Content in which you claim copyright has been infringed by anyone using VGP3, please contact A&M, using the Contacts section of the VGP3 website, and provide the following information:

    * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    * Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
    * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit A&M to locate the material;
    * Information reasonably sufficient to permit A&M to contact the complaining party;
    * A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    * A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. Violations of system and network security

Violations of system and network security are prohibited, and may result in criminal and civil liability. A&M will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

    * Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
    * Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
    * Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
    * Falsifying your user identity or providing other false information to A&M or to other users of VGP3 in connection with your use of VGP3 or any feature of VGP3
    * Posting viruses or software designed to create a virus or to do harm to VGP3, any VGP3 members or users of VGP3, or any network
    * Taking any other action to disrupt the normal use of VGP3 or the Internet by other users
    * Use of software that allows your account to stay logged on while you are not actively using the account
    * Unsolicited messages ("Spamming" and "Mailbombing")

This Agreement prohibits abuse of VGP3 communications functionalities. Some specific examples of prohibited actions are as follows:

    * Posting unsolicited bulk messages, including, without limitation, bulk commercial advertising and informational announcements; A&M reserves the right to block unsolicited commercial messages if a VGP3 user objects to receiving such messages, even if it is not considered "bulk"
    * Using information collected from any VGP3 user or any other area of VGP3 for the purpose of sending unsolicited e-mail, whether or not it qualifies as "bulk" e-mail
    * Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) ("excessive" includes posting the same or substantially similar messages to ten (10) or more groups in a single day)
    * Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message ("spoofing")
    * Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a VGP3 account or otherwise through any feature of VGP3, or using a VGP3 account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities
    * Exceeding Account Limitations

9. Authorization to remove content

A&M reserves the right to disable your access to VGP3 and to remove any Personal Content you may have stored on VGP3 website under the following circumstances:

    * Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
    * If your credit card is declined upon renewal of your membership or when you elect to become a member, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to A&M.

A&M reserves the right to NOT notify you that your access to VGP3 will be deactivated and that any Personal Content residing in your account at the time of deactivation will be deleted, but it may choose to notify you using the email address you provided during the registration process.

10. Investigations

A&M RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL VGP3 FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER'S MAIN ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.

When A&M becomes aware of possible violations, A&M may initiate an investigation, which may include gathering information from any VGP3 user or account involved, any third party and any complaining party.

During the investigation, A&M may suspend or terminate any or all of a user's VGP3 accounts involved and/or remove the Personal Content involved from A&M's system. If A&M believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Personal Content from the VGP3 system, warnings to the VGP3 user(s), and the suspension or termination of the account or accounts responsible.

If, as a result of any such investigation, A&M believes that any criminal activity has occurred, A&M reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

BY BECOMING A VGP3 USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST A&M, AND TO HOLD A&M HARMLESS AND INDEMNIFY A&M WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY A&M AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE A&M OR RECOVER ANY DAMAGES WHATSOEVER FROM A&M AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE VGP3 SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR VGP3 ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF A&M'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

11. Cancellation

A&M will accept cancellations of your membership at any time; however, any license purchased regarding the VGP3 software will still remain valid and won't expire or be cancelled, and you may continue to use the VGP3 software downloaded during your membership period as long as you abide by the terms of this Agreement. Applicable local law may vary this policy.

12. Disclaimer of warranties; liability limitations

While A&M makes reasonable efforts to ensure that VGP3 services and VGP3 software are continuosly upgraded and updated, A&M cannot guarantee that VGP3 will work on your hardware or operating system because A&M has no control over the many third parties' hardware components (such as, but not limited to, graphics or audio boards) or software components (such as, but not limited to, graphics or audio boards drivers) that can be connected to your system. For this reason, YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE VGP3 SERVICES OR VGP3 SOFTWARE ARE AT YOUR SOLE RISK. YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST A&M, AND TO HOLD A&M HARMLESS AND INDEMNIFY A&M WITH RESPECT TO ANY CLAIMS, RELATING TO YOUR USE OF, OR INABILITY TO USE, THE VGP3 SERVICES OR VGP3 SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VGP3 SERVICES AND VGP3 SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

A&M DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH VGP3 WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. A&M'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY VGP3 SHALL BE CANCELLATION OF YOUR ACCOUNT.

IN NO CASE SHALL A&M, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, VGP3 SERVICES OR SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR VGP3 USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, A&M'S MAXIMUM LIABILITY SHALL BE LIMITED TO THE PRICE OF A SINGLE VGP3 SOFTWARE LICENSE.

EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, A&M DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH VGP3 AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH VGP3. YOU HEREBY RELEASE A&M FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

13. Export controls

You agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the VGP3 website any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.

14. Legal principles

This Agreement represents your entire agreement with A&M with respect to VGP3. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a VGP3 user, and A&M.

If any part of this Agreement 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. Except as required by applicable local or national law, the laws of Italy, excluding its conflicts of law rules, govern this agreement and your use of VGP3. Your conduct and use of VGP3 may be subject to other local, state, national and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with A&M regarding VGP3 or relating in any way to your account or your use of VGP3 resides in the Court of Lodi, Italy. You further agree and expressly consent to the exercise of personal jurisdiction in the Italian courts in connection with any such dispute, including any claim involving A&M or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to VGP3.

Privacy Policy

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In order to give you access to VGP3 services and software A&M needs to collect personal informations about you; your personal informations (first name, last name, address and so on) are required in order to identify you and grant you a VGP3 account. A&M will collect such informations during the registration process directly by you, and will treat them both in manual and electronic form.

A&M needs to collect your personal informations and will use them only for the purpose of fulfilling this Agreement. A&M will NOT use your personal contact informations to send you unsolicited advertising, promotional materials or commercial solicitations not regarding VGP3. A&M will not give, trade or reveal your personal informations to third parties, and access to your personal informations will be granted by A&M only to those employees, agents or contractors of A&M that need to in order to fulfill this Agreement. The only exception to this rule is that A&M reserves the right to refer your personal informations to, and to cooperate with, any and all appropriate law enforcement authorities (see "Investigations", above).

A&M will treat your personal informations and will protect them in any reasonable way.

If asked so, A&M will give you a copy in human readable form of your personal informations, and will modify and/or integrate them, provided that you give proof of your identity when asking so (use the Contacts section of the VGP3 website for such a request).

To protect the software and you, some parts of the VGP3 software may be personalized by ENCRYPTING YOUR PERSONAL INFORMATIONS IN THE SOFTWARE WHEN YOU DOWNLOAD IT FROM THE VGP3 WEBSITE. A CLEAR NOTICE WILL BE POSTED ON THE VGP3 WEBSITE ON PAGE(S) CONTAINING SOFTWARE THAT MAY BE ENCRYPTED USING PERSONAL INFORMATIONS. IF YOU DOWNLOAD SOFTWARE ENCRYPTED USING YOUR PERSONAL INFORMATIONS YOU AGREE TO BE SOLELY RESPONSIBLE FOR PERSONAL INFORMATIONS CONTAINED WITHIN, AND YOU AGREE TO KEEP THE SOFTWARE IN A SAFE PLACE, WAIVING ANY CLAIMS YOU MAY HAVE AGAINST A&M AND HOLDING A&M HARMLESS AND INDEMNIFYING A&M WITH RESPECT TO ANY CLAIMS, RELATING TO THE PERSONAL INFORMATIONS CONTAINED IN THE SOFTWARE. A&M SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM LOSS OR DISCLOSURE TO THIRD PARTIES OF PERSONAL INFORMATIONS CONTAINED IN THE SOFTWARE IN CASE YOU FAIL TO KEEP IT IN A SAFE PLACE AND PROTECT IT IN ANY REASONABLE WAY.

The VGP3 website and/or the VGP3 software may contain links to other websites and/or third parties (external links). A&M is not responsible for the privacy policy of such third parties.