TERMS OF SERVICE
Before you start using MetroGame's services (hereafter referred to as “Services”), you must read and accept the following Terms and Conditions (T&,C) of our site, as well as review them regularly for any amendments that may be applied to them.
1. Acceptance of Terms
These Terms of Service (hereafter referred to as “Terms”), are a legal agreement that governs your use of the Services offered by MetroGames US, Inc. (hereafter referred to as MetroGames), including but not limited to, games, websites, blogs and applications owned or licensed by MetroGames. By using or accessing the aforementioned Services, you (hereafter referred to as “User” or “Users”) agree to be legally bound to these Terms. Before using any service offered in the MetroGames.com site, you must read and agree to these Terms. If you do not agree to these Terms, you should not use any Services provided by MetroGames. These Terms should be checked by Users from time to time in order to check for updates or modifications. The most updated version of these Terms can be accessed by clicking on the “Terms of Service” link available in the MetroGames.com site. If users continue using any Services provided by MetroGames, after any modification has been made, they shall automatically accept to those modifications. Any continued use of the Services shall be deemed as an acceptance to those modifications. If users do not accept any modification, they must not continue using the Services. By accepting these Terms and using the aforementioned Services, MetroGames grants the User a license to use the Services for personal, non-commercial use. The User agrees not to use the Services for any purpose other than the ones specifically mentioned in these Terms. MetroGames reserves the right to suspend or terminate any accounts that a User may have established if, according to MetroGames’ sole judgment, the User has incurred in a violation of any of these Terms. MetroGames reserves the right to deny any User’s access to the MetroGames.com site at its sole discretion, at any time, without notice. MetroGames reserves the right to make changes to the MetroGames.com site or suspend any Services without notice at any time.
When Users are requested to open an account before using the Services, Users agree and acknowledge that they shall provide accurate personal information. When a password and username is required, Users agree to provide one that, as far as they know, is not offensive for and is not being used by any other User. Users are entirely responsible for preserving the privacy and confidentiality of their username and password. Additionally, users are also responsible for any use that occurs under their account. If a User discovers that their account has been used by another User without their authorization, User must immediately notify MetroGames about this situation. MetroGames shall not be liable for any loss or damage that User may have incurred as a result of somebody else User’s account. Users must not use somebody else’s account at any time and are fully responsible for all activities performed under their account, without any liability to MetroGames.
3. Ownership of Intellectual Property
MetroGames herein declares that all materials that are part of the Services are owned, controlled, or licensed by MetroGames and are legally protected from unauthorized use. The MetroGames.com site, the MetroGames.com logos, and all game names are trademarks of MetroGames and may not be used without the express written permission of MetroGames. User agrees not to copy, redistribute, publish or otherwise exploit material from the Services, except as expressly allowed herein, without the express prior written consent of MetroGames.
4. Fees and in-game goods
MetroGames may charge subscription fees to access certain Services on the MetroGames sites. Unless otherwise indicated, subscription fees will not automatically renew at the end of their term. Users hereby agree to pay all fees or charges incurred by their account, including taxes, in accordance with these Terms and the billing terms for access to the Services that are in effect at the time that the fee or charge becomes payable.
The Services may include a virtual, in-game currency (hereafter referred to as “Virtual Currency”) including, without limitation, coins, cash, or points, that may be purchased from MetroGames for “real world” money if the User declares to be a legal adult in User’s country of residence. The Service may also include virtual, in-game digital items (hereafter referred to as “Virtual Goods”) that may be purchased from MetroGames for “real world” money or for Virtual Currency. Virtual Currency and Virtual Goods may never be redeemed by Users for “real world” money, goods or other items of monetary value from MetroGames.
MetroGames has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods at any time and at its sole discretion. MetroGames reserves the right to change the number of coins or other online currency that the User is entitled to purchase for a given fee.
USER´S PURCHASE OF Virtual Currency OR OTHER ONLINE CURRENCY IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE. ALL Virtual Godds AND Virtual Currency ARE FORFEITED IF THE USER’S ACCOUNT IS TERMINATED OR SUSPENDED FOR ANY REASON, IN MetroGames'S SOLE AND ABSOLUTE DISCRETION, OR IF MetroGames DISCONTINUES PROVIDING THE Services. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL IN-GAME ITEMS, USERS DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL IN-GAME ITEMS.
Outside the game, Users may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for any value. Any attempt to do so shall constitute a violation of these Terms and may result in a lifetime ban from MetroGames.com Services. MetroGames also retains the right to initiate any legal action as deemed appropriate.
MetroGames shall have no liability for hacking or loss of virtual in-game items, such as Virtual Currency or Virtual Goods, from User’s MetroGames.com Account. MetroGames has no liability to and will not reimburse any User for any aforementioned virtual in-game items lost due to the User’s violation of these Terms. Price and availability of the virtual in-game items defined above are subject to change at any time and without notice at MetroGames´ sole discretion.
Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.
5.1 Payment Options
If User does not have a PayPal account, User may set up a free account at www.paypal.com. MetroGames is not affiliated with Paypal or its customers.
5.2 Fees Charged by Third-Party Sites
MetroGames site may provide links to other third-party websites. Additionally, some of these websites may charge separate fees, which are not included in any subscription or other fees that Users may pay to MetroGames.com. MetroGames may also provide access to third-party vendors who provide content, goods and/or services on the MetroGames.com site or the Internet. Any separate charges or obligations that Users incur in their dealings with these third parties are User’s own responsibility. MetroGames makes no representation or warranty regarding any content, goods and/or services provided by any third-party.
6. Limitations on the use of the services
By using the Services, Users agree not to use them for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms. Users may not use the Services in any manner that could damage, disable, overburden, or impair any MetroGames.com server, or the network(s) connected to any MetroGames.com server, or interfere with any other party's use and enjoyment of any services. Users may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any MetroGames.com server or to any of the Services, through hacking, password mining or any other means.
By "Content", MetroGames refers to any software, communications, images, sounds, and all the material and information that is available in the MetroGames.com site, whether provided by MetroGames or by Users of the Services. Strong or vulgar language, discussions of illegal drugs, crude or explicit sexual references, and hate speech are always considered inappropriate Content for the MetroGames.com Sites. However, depending on the community and activity, some games and chat rooms may involve use of stronger language than others. Any material that User transmit to the MetroGames.com site including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material will be treated as non-confidential and non-proprietary. User hereby grants to MetroGames the unrestricted, worldwide, irrevocable, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, retitle, reformat, translate, archive, store, or otherwise exploit in any manner whatsoever, all or any portion of the User content. MetroGames has no obligation to accept, display, review, monitor, or maintain any User Content. MetroGames has the right to delete User content from the Services without notice for any reason at any time. Users acknowledge that they do not rely on MetroGames to monitor or edit the Services and that the Services may contain content which Users may find offensive. Users hereby waive any objections they might have with respect to viewing such content. MetroGames representatives may monitor some communications on the MetroGames.com site, but they cannot monitor all of the content on the MetroGames.com site. If User encounter something to be objectionable and in violation of these Terms, User can report it in http://www.MetroGames.com/contact.php. MetroGames does not assume any responsibility for Content that is generated by members or other guests on the MetroGames.com site. Users acknowledge and agree that all characters created and items acquired and developed as a result of game play are part of the applicable game Software and related Services and are the sole property of MetroGames and/or its licensors.
8. Rules of Conduct
As a condition of the User’s access to the Services, Users agree to comply with these Rules of Conduct. The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the User to communicate with others. Users agree to use these communication services only to post, send and receive messages and material that are proper. MetroGames has no obligation to monitor the communication services. However, MetroGames reserves the right to review materials posted to the communication services and to remove any materials at any time, without notice, for any reason and in its sole discretion. MetroGames reserves the right to terminate or suspend any User’s access to any or all of the communication services at any time, without notice. Users acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by MetroGames and such communications shall not be considered reviewed, screened or approved by MetroGames. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. MetroGames specifically disclaims any liability with regard to the communication services. Managers and hosts are not authorized MetroGames spokespersons, and their views do not necessarily reflect those of MetroGames.
Users hereby acknowledge and agree that their communications with other users via the communications services are public and not private communications. Users acknowledge that any personal information that they communicate may be seen and used by others. MetroGames is not responsible for information that users choose to communicate to other users via the communications services, neither for the actions of other users.
MetroGames reserves the right at all times to disclose any information or materials found on the communications services that MetroGames deems necessary to satisfy any applicable law, or to edit, refuse to post or remove any information at MetroGames’s sole discretion.
a)a) Users agree that their use of and conduct on the Services shall be lawful and their User content shall not:
- defame, libel, disparage, threaten, harass, intimidate or abuse anyone;
- include any obscene, indecent, pornographic, sexual or objectionable content or language;
- include any offensive comments regarding race, national origin, gender, sexual preference or physical handicap;
- violate the rights of any party, or promote or constitute illegal activity;
- promote violence or describe how to perform a violent act; or
- be in violation of these Terms or the game rules of conduct.
- reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, that individual;
- defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
- trick, defraud or mislead MetroGames and other users, especially in any attempt to learn account information such as passwords;
- submit false reports of abuse or misconduct;
- create user accounts by automated means or under false pretenses;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- disparage, tarnish, or otherwise harm, in MetroGames's opinion, MetroGames and/or the Services;
- violate these Terms or any local, state, federal or international law, or restrictions posted by MetroGames on the Services;
- upload or transmit viruses, Trojan horses or other material, including excessive use of capital letters and spamming that interferes with any party's uninterrupted use and enjoyment of the Services and User content.
- copy or adapt the Service’s software;
- decompile, modify or attempt to discover any software (source code or object code) that the service created to generate web pages;
- upload or transmit any material that acts as a passive or active information-collection or transmission mechanisms (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
- except as the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, or use or launch any unauthorized script or other software;
- cover or obscure any notice, banner or advertisement on the Services;
- violate any applicable laws or regulations, or promote or encourage any illegal activity;
- sell, buy, or transfer access to their account;
- use tools which hide User´s internet protocol address to access the Services;
- except as expressly authorized by MetroGames, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages;
- use the Services for fraudulent transactions including, without limitation, in-game virtual transactions; or
- engage in cheating or any other activity deemed by MetroGames to be in conflict with the spirit or intent of MetroGames’ Services.
(a) belongs to another person with the intent to impersonate that person;
(b) contains, or is substantially similar to a trademark or service mark, whether registered or not;
(c) that is offensive, vulgar, obscene, or racially, ethnically or otherwise objectionable;
(d)belongs to a popular culture figure, celebrity or media person;
(e) belongs to a popular culture figure, celebrity or media person;
(f) in any way infringes these Terms.
By subscribing to MetroGames’ newsletter(s), subscriber Users understand they may receive periodic information regarding current and future services offered on the MetroGames.com site. Additionally, subscriber Users may be automatically entered into future contests provided that they meet the applicable eligibility requirements, and also agree to all conditions of those contests. Users may unsubscribe from any of these newsletters at any time by following the procedures made available within the site.
All the Software and Content made available in the MetroGames.com site, contains copyrighted material, trademarks and other proprietary information. This material is copyright protected as a collective work under the laws of the State of California, USA. MetroGames owns a copyright in the selection, coordination, arrangement and enhancement of such content. By accessing such materials, users acknowledge that MetroGames, and/or its licensors remain the owners of all right, title, and interest, and users do not acquire any of those ownership rights by using the Services.
11. Privacy and protection of personal information.
12. Account Responsibility
- provide true, accurate, current and complete information about themselves; and
- update the registration data to keep it true and complete.
13. Termination of account
MetroGames has the right to terminate or suspend, and Users have the right to cancel their account(s) or a particular subscription at any time. Users can cancel their account(s) or a particular subscription for a service by following the procedures made available within the site. MetroGames reserves the right to collect fees, surcharges or costs incurred before Users cancel their account(s) or a particular subscription. In the event that any User’s account or a particular subscription is terminated, suspended or canceled, no refund will be granted; and such User will have no further access to his or her account or anything associated with it. If an account is terminated or suspended by MetroGames, MetroGames shall have the right to terminate or suspend any other account(s) belonging to that User.
14. Links to Third-Party Sites
The links to third-party sites appearing on the MetroGames.com site are not controlled by MetroGames.com and may collect data or solicit personal information from Users. To the maximum extent permissible by law, MetroGames is not responsible for such linked sites. The inclusion of any link does not imply an endorsement by MetroGames of such linked sites.
15. Jurisdictional Issues and Export Control Laws
The Services are controlled and operated by MetroGames from its offices in USA. Users who choose to access the services from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable. Users agree not to upload to the MetroGames.com site any data or software that cannot be exported without prior written government authorization.
16. Governing Law
These Terms and all aspects of the Services provided by MetroGames shall be governed by and construed in accordance with the laws of the State of California, USA, regardless of the User’s location. Users acknowledge that the rights granted and obligations made hereunder to MetroGames are of a unique and irreplaceable nature, the loss of which shall irreparably harm MetroGames and which cannot be replaced by monetary damages alone so that MetroGames shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by Users.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms , the User and MetroGames agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. If the User and MetroGames are unable to resolve a dispute through informal negotiations, either party shall submit the to binding arbitration before a single, neutral arbitrator under the auspices of the American Arbitration Association and pursuant to the Association’s Commercial Arbitration Rules. The arbitrator’s award may be confirmed by any court of competent jurisdiction. The arbitration shall take place only in San Francisco County, California. . The User and MetroGames agree that any arbitration shall be limited to the dispute between MetroGames and the User individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
17.1 Exceptions to Informal Negotiations and Arbitration.
The User and MetroGames.com agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of the User’s or MetroGames’s intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
18. Disputes with others
MetroGames reserves the right to monitor and/or manage disputes between the User and other users of the Services. If Users have a dispute with other users, the User shall release MetroGames and hereby agree to indemnify MetroGames from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
The failure of MetroGames to require or enforce strict performance by the User of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of MetroGames's right to assert or rely upon any such provision or right in that or any other instance. The User and MetroGames agree that if any portion of these Terms, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
20. Disclaimers, limitations and waivers of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE Services UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE MetroGames PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE Services. USERS FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE MetroGames PARTIES ARE NOT LIABLE, AND USERS AGREE NOT TO SEEK TO HOLD THE MetroGames PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE Services AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. TO THE MAXIMUM EXTENT ALLOWED BY LAW, MetroGames PARTIES WARRANT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OR USE OF, ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) THROUGH THE MetroGames SITES OR Services. USERS ARE RESPONSIBLE FOR ASSESSING THEIR OWN COMPUTER AND TRANSMISSION NETWORK NEEDS, AND THE RESULTS TO BE OBTAINED THEREFROM. FROM TIME TO TIME, MetroGames MAY SCAN THE USER’S COMPUTER TO CONFIRM IT MEETS MINIMUM SYSTEM SPECIFICATIONS AND THE USER HEREBY AGREES TO PROVIDE INFORMATION IN CONNECTION WITH TECHNICAL SUPPORT ISSUES INCLUDING, WITHOUT LIMITATION, BUG REPORTS. UNDER NO CIRCUMSTANCES WILL THE MetroGames PARTIES BE LIABLE TO THE USER FOR MORE THAN THE AMOUNT THE USER HAS PAID MetroGames IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH THE USER FIRST ASSERT ANY SUCH CLAIM. MetroGames PROVIDES THE Services ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT USER WILL BE ABLE TO ACCESS OR USE THE Services AT TIMES OR LOCATIONS OF USER’S CHOOSING, OR THAT MetroGames WILL HAVE ADEQUATE CAPACITY FOR THE Services AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE MetroGames PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY THE USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE MetroGames PARTIES, OR BY THE USER OR ANY OTHER USER'S OWN ERRORS AND/OR OMISSIONS.
THE USER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE MetroGames PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE Services OR USE OF THE MetroGames SITES, Services OR SOFTWARE. IN NO CASE SHALL THE MetroGames PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE USER’S USE OF THE MetroGames.com SITE, Services AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USER’S USE OF THE Services OR INTERACTIONS WITH MetroGames. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MetroGames AND THE MetroGames PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. MetroGames DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE MetroGames SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE MetroGames.com SITES AND Services COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MetroGames PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Services DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
21. IndemnificationUsers agree to defend, indemnify and hold harmless the MetroGames Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of the User’s use of the Service and/or User’s breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. The Users’ agree that the provisions in this paragraph will survive any termination of their account(s) or the Services.
22. Statute of Limitations
These Terms are effective until terminated by either party. The User may terminate these Terms by destroying all Service-related materials obtained from the Services, MetroGames.com or any other web site or source. The privileges granted to the User under these Terms will terminate immediately and automatically without notice from MetroGames if, in our sole discretion, the User fails to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to the User. The User may not assign these Terms without MetroGames's prior written consent. These Terms contain the entire understanding between the User and MetroGames, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by the User except as posted on the Services by MetroGames. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon MetroGames's request, the User will furnish MetroGames any documentation, substantiation or releases necessary to verify User’s compliance with these Terms. The User agrees that these Terms will not be construed against MetroGames by virtue of having drafted them. The User hereby waives any and all defenses the he or she may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
The User agrees to indemnify and hold MetroGames harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of User’s use of or conduct on the Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
These Terms supersede all prior or contemporaneous communications, whether electronic, oral or written, between the User and MetroGames with respect to the Services.
Notwithstanding anything else in these Terms, no default, delay or failure to perform on the part of MetroGames shall be considered a breach of these Terms if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of MetroGames.
MetroGames reserves the right to assign these Terms of Service, in whole or in part, at any time.