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Gamesville.com - Additional Terms of Service

1. ACCEPTANCE OF GAMESVILLE TERMS

Welcome to Lycos Gamesville (the "Service"). By using the Service, you agree to these Additional Terms of Service located at http://www.gamesville.com/help/additional-terms-of-service.htm and the Lycos Network General Terms of Service located at http://info.lycos.com/legal/legal.html and the Lycos Network Privacy Policy located at http://info.lycos.com/privacy/privacy.html, both of which are incorporated here in by reference. Capitalized terms used here without definition will have the meanings set forth in the Lycos Network General Terms.

Lycos reserves the right to update and change, from time to time, these Additional Terms of Service and all documents incorporated herein by reference. You can always find the most recent version of the Additional Terms of Service and the most recent version of the Lycos Network General Terms of Service at the URLs indicated above.

In the event of any inconsistency between these Additional Terms of Service and the Lycos Network General Terms of Service or Privacy Policy, as such relate to the Service, the Additional Terms of Service shall prevail in relation to the Service.

2. DESCRIPTION OF SERVICE

The Service is composed of the Gamesville.com website and affiliated sites, and offers games, activities, contests and other services.

3. ACCOUNT REGISTRATION/SUBSCRIPTION

You may register for the Service directly on the Gamesville.com site. By registering for this Service, you will receive a Lycos Network ID which also serves as your Gamesville member name. Please review the Lycos Network General Terms and Conditions and Privacy Policy prior to registration. If you already have a Lycos Network ID, then you may log into the Service using your Lycos Network ID and Password.

You are expressly prohibited from creating multiple Lycos IDs or Gamesville member names for use by the same person. You may not use more than one Lycos Network ID or Gamesville member name to avoid restrictions or other limitations on games, contests, sweepstakes, prizes or other activities on Gamesville. Any violation will result in immediate suspension of all your accounts.

You may access many games and services offered through the Service without paying Lycos or any of its Affiliates. However, Lycos may charge subscription fees to access certain areas of the Service, to play certain premium games, to participate in related activities on Gamesville.com or to become a "Gamesville Gold" member. You must have a Lycos User Account and pay the applicable subscription or other fees to participate in such games or activities. If you must pay a subscription or other fee to access part of the Service or to play a particular game, this information will be posted on the Gamesville.com website and you will be asked to agree to our Gamesville Gold Subscription Agreement. Our Gamesville Gold Subscription Agreement explains all of our policies with respect to subscription based plans.

4. GAME RULES

Rules for games and contests available on the Gamesville.com website can be found at this link: http://www.gamesville.com/help/gamesville-official-rules.htm. Gamesville games and contests, such as Bingo Zone, can be played by people worldwide but only residents of the United States, Canada, and the United Kingdom are currently eligible to win cash prizes. Consult each game or contest's official rules for eligibility requirements. Games, contests and tournaments that are offered by third parties linked to the Gamesville.com website will be subject to rules described on the applicable third party's website, typically in the terms of service of such third party websites.

5. CONDUCT

Gamesville may prohibit you from participating in the Game, if at the sole discretion of Gamesville, you show a disregard for these official rules and/or the official rules for any game, or act (1) in an unsportsmanlike manner; (2) with an intent to annoy, abuse, threaten, or harass any other player or Lycos Gamesville representative; (3) abuse the GV Chat feature by threatening others or discussing sexually explicit content; or (4) in any other disruptive manner.

Gamesville may terminate and permanently disqualify any entrant in any prize drawing or other activity on Gamesville who Gamesville, in its sole discretion, determines as being in violation of these Official Rules or the Lycos Network terms and conditions. If Gamesville terminates a player's account and/or disqualifies a player from the play of any Gamesville game, the player will immediately lose any right of access to any unawarded, unclaimed, or undelivered prizes; current or lifetime GV Rewards; and any other digital content associated with this account. All decisions by Gamesville are final and binding.

6. COMMUNICATION

Gamesville's policy is to provide communications, whether such communications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Gamesville in its sole discretion. By providing Gamesville your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Gamesville may also use your email address to send you additional messages, such as updates, newsletters, changes to features of the Service, or other offers. If you do not want to receive certain email messages, you may opt out by updating your preferences within the Manage Account page. Opting out may prevent you from receiving valuable messages regarding updates, site improvements, or extra offers. Gamesville reserves the right to send you notices about your account even if you opt out of all voluntary email communications.

7. LIMITATIONS OF LIABILITY

LYCOS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE REGISTRATIONS OR GAMES PLAY INFORMATION OR ENTRY OF INFORMATION, WHETHER CAUSED BY GAMESVILLE USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN GAMESVILLE OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE OPERATION OF GAMESVILLE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL LYCOS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON GAMESVILLE OR ANY OF THE LYCOS GAMESVILLE GAMES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LYCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GAMESVILLE OR ANY OF THE GAMESVILLE GAMES, FROM INABILITY TO USE GAMESVILLE OR TO PLAY ANY GAMESVILLE GAMES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GAMESVILLE OR ANY LYCOS GAMESVILLE GAMES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON GAMESVILLE OR RECEIVED THROUGH ANY LINKS PROVIDED IN GAMESVILLE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON GAMESVILLE OR RECEIVED THROUGH ANY LINKS PROVIDED IN GAMESVILLE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL LYCOS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

8. DISCLAIMER OF WARRANTIES

LYCOS GAMESVILLE AND ALL LYCOS GAMESVILLE GAMES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LYCOS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF LYCOS GAMESVILLE AND ALL LYCOS GAMESVILLE GAMES. TO THE FULLEST EXTENT PERMITTED BY LAW, LYCOS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS, INCLUDING ANY AND ALL PRIZES, RECEIVED THROUGH OR ADVERTISED ON LYCOS GAMESVILLE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LYCOS GAMESVILLE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH LYCOS GAMESVILLE OR THROUGH ANY LINKS PROVIDED IN LYCOS GAMESVILLE. LYCOS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. LYCOS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH LYCOS GAMESVILLE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. TERMINATION, SUSPENSION OR DISCONTINUATION OF GAMES

If, for any reason, Lycos Gamesville or any Lycos Gamesville game is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Lycos which corrupt the administration, security, fairness, integrity or proper conduct of Lycos Gamesville, Lycos reserves the right at its sole discretion to cancel, terminate, modify or suspend Lycos Gamesville or any Lycos Gamesville game. Lycos Gamesville reserves the right to halt the play of a game or games at any time and for any duration of time due to situations beyond its control such as strikes, acts of God, etc. In the event that Lycos cancels, terminates, or suspends the Game or any Lycos Gamesville game pursuant to the Lycos Gamesville Official Rules or any specific game official rules, Lycos shall award all prizes pursuant to a method to be determined by Lycos in its sole discretion. In addition, Lycos Gamesville reserves the exclusive right, exercisable in its sole discretion, to add additional games, along with such games' official rules, to Lycos Gamesville at any time. Lycos Gamesville exclusive rights expressed herein shall include, without limitation, the right to restrict the operating code of Lycos Gamesville and the Lycos Gamesville games in order to prevent any unauthorized tampering with the operations or play of Lycos Gamesville and the Lycos Gamesville games or any unauthorized use of computer programs, scripts or any other devices intended to automate any aspect of play in any Lycos Gamesville game. All decisions made with respect to Lycos Gamesville, Lycos Gamesville games, these official rules and any other games specific official rules are the sole responsibility of Lycos Gamesville.

10. INDEMNIFICATION AND RELEASE

By registering with Lycos Gamesville or by playing Lycos Gamesville games, you agree to indemnify Lycos and hold Lycos harmless from any and all claims and expenses, including attorney's fees, arising from or relating to your use or misuse of Lycos Gamesville, from any person's use of any account or password you maintain with Lycos Gamesville, regardless of whether such use is authorized by you, or from acceptance, possession, misuse, or use of any prize. By registering with Lycos Gamesville or by playing Lycos Gamesville games, you are hereby agreeing to release Lycos and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against Lycos, Lycos Gamesville, and/or any prize. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."