Terms of Use

ACCEPTANCE OF CONTRACT TERMS

The following are terms of a legal agreement between you and THQ Inc., its subsidiaries and affiliates (hereinafter collectively referred to as "THQ"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. This Site is controlled and operated by THQ from its offices within the United States. THQ makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content are illegal are prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

USER RESTRICTIONS

The copyright in all material provided on this Site is held by THQ or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of THQ or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify, copy or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without THQ's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of THQ's proprietary rights in them.

TRADEMARKS

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are Trademarks of THQ and/or its licensors. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. THQ aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both THQ's and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. THQ prohibits use of the THQ logo as a "hot" link to any other web site unless establishment of such link is approved in advance by THQ in writing. A partial list of THQ Trademarks follows: THQ, Concrete Games, Heavy Iron Studios, Helixe, Incinerator Studios, Kaos Studios, Locomotive Games, Mass Media, Paradigm Entertainment, Relic Entertainment, Rainbow Studios, SandBlast Games, ValuSoft, Vigil Game, Volition Inc., de Blob, Drawn to Life, MX Unleashed, MX vs. ATV On the Edge, MX vs. ATV Unleashed, MX vs. ATV Untamed, PlayTHQ and their respective logos are trademarks and/or registered trademarks of THQ Inc. All other trademarks, logos and copyrights are property of their respective owners.

DISCLAIMER OF WARRANTY

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THQ BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THQ OR A THQ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THQ and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. THQ may make changes to these materials, or to the products described therein, at any time without notice. THQ makes no commitment to update the materials.

POSTINGS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by THQ for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

CHAT ROOMS

THQ may, but is not obligated to, monitor or review any areas on the Site where users transmit or post communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, or other user forums, and the content of any such communications or transmissions. THQ, however, will have no liability related to the content of any such communications or transmissions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

INDEMNIFICATIONS

You agree to indemnify, defend and hold THQ and its respective officers, directors, owners, agents, information providers and licensors (collectively, the "THQ Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any THQ Party in connection with any use or alleged use of the chat rooms, bulletin boards, or other user forums by you. THQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with THQ's defense of such claim.

PRIVACY POLICY

THQ is proud of its Privacy Policy. Please review it here.

GENERAL

You should be aware that when you are on THQ's Site, you could be directed to other sites that are beyond our control. There may be links to other sites from THQ that take you outside our service. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to, distribute through, or otherwise publish through this Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

THQ may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and California state courts located in the County of Los Angeles, California. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by THQ in the United States federal and California state courts located in the County of Los Angeles, California. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of THQ's agents, licensors, licensees, successors, and assigns.