Terms of Use
USE OF OUR WEB SITE CONSTITUTES ACCEPTANCE OF THESE TERMS

Crestech Development Partners (Crestech DP) maintains this web site as a convenience to our customers. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by the following terms of use (“TOU”) and to comply with all applicable laws and regulations. If you do not agree to these TOU, you should not review information or obtain products or services from this site.

  1. Introduction

    2.  The content, information, graphics, design, compilation, products, software, services, including but not limited to videogame buying services, and all other matters related to this web site (”Materials”) are protected by law, including, but not limited to, U.S. Copyright law and international treaties. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. You agree that CrestechDP, in its sole discretion, may terminate your access to and use of the web site and Materials, for any reason, including, without limitation, if CrestechDP believes that you have violated or acted inconsistently with the letter or spirit of these TOU. Upon termination, you must destroy all Materials and any copies obtained from this web site. Your right to use the web site is not transferable and any password or right given to you to obtain Materials is not transferable. Except as set forth in the “Use of Software and Data” Section below, these TOU contain our entire understanding relating to the use of this web site and supersede any prior written or oral agreement or understandings between us with respect to this web site, and cannot be changed or terminated except in writing by an authorized representative of CrestechDP.

  2. Company Privacy Policy

    3. Registration Data and certain other information about you that we request in order to perform a better service are subject to our Privacy Policy. For more information, please see our full privacy policy at www.CrestechDP.com/privacy.php

  3. Use of Software and Data

    4. Any software or code downloaded by you from this web site, including, without limitation, any files, images incorporated in or generated by the software, code and data accompanying the software (collectively, the “Software”) are licensed to you under terms of CrestechDP’s standard software license agreement or the Product Trial Agreement (each, the “License Agreement”) or the specific terms of use (whether supplied by CrestechDP or a third party) applicable to any of the Materials. Your right to use the Software is expressly limited to the terms set forth in the License Agreement or specific terms of use. Access to or downloading of the Software does not in any way transfer title to the Software, or any intellectual property rights contained therein, to you.

  4. Terms of Sale

    5. Unless otherwise agreed to by CrestechDP, you acknowledge and agree that CrestechDP does not and shall not support any videogame downloads.

  5. Notice

    6. Notices to you, including but not limited to changes to these TOU or other policies, may be made via email, regular mail or by displaying such notices or links to notices generally on the web site. Please note that these TOU may be updated by CrestechDP from time to time without notice to you. You can review the most current version of the TOU at any time at the following site: www.CrestechDP.com/terms.php You are responsible for regularly reviewing these terms and conditions to ensure that you are in compliance. In addition, when using particular CrestechDP materials and services, you shall be subject to any guidelines or rules applicable to such materials and services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOU.

  6. Modification

    7. CrestechDP reserves the right in its sole discretion to modify or delete any Material appearing on the web site or to terminate this web site without notice to you.

  7. Termination

    8. You agree that your access to and use of this web site and the Materials, including but not limited to the videogame buying service provided hereunder, may be terminated by CrestechDP for any or no reason without prior notice. In the event of such termination, you acknowledge and agree that CrestechDP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to and use of such files, this web site or the Materials. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of this web site or the Materials, may be referred to appropriate law enforcement authorities. Further, you agree that CrestechDP shall not be liable to you or any third-party for any termination of your access to the web site or the Materials.

  8. Copy and Use Restrictions

    9. This web site is owned and operated by CrestechDP, which owns or licenses, or has the right to display, all the Material provided on this web site. Except as stated herein, none of the Material may be copied, duplicated, reproduced, distributed, republished, downloaded, displayed, posted, modified, enhanced, sold, resold, transferred or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of CrestechDP or the copyright, trademark and/or servicemark owner. Unless specified otherwise in the Conditions of Sale or License Agreement (as defined herein), permission is granted to display, copy, distribute and download the Materials for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. To clarify, permission is also granted to display, copy, distribute and download the free trial version(s) for personal, non-commercial use and to share such free trial version(s) with others for free. These permissions terminate automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials (except any videogames you have already purchased). Any unauthorized use of any Material contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not use the Materials for conducting unwanted solicitations or communications via email, electronic link, or otherwise, or for disseminating any information that is unlawful, pornographic, libelous or otherwise objectionable as determined in CrestechDP’s sole discretion.

  9. Feedback

    10. Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to CrestechDP (collectively “Feedback”) shall be deemed to be non-confidential and shall become the sole property of CrestechDP. Subject to the conditions described on the privacy page of this web site, CrestechDP shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.

  10. Disclaimers

    11. UNLESS OTHERWISE EXPLICITLY STATED, THIS WEB SITE AND THE MATERIALSARE FURNISHED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS AND CRESTECHDP ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. CRESTECHDP MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE WEB SITE OR MATERIALS. CRESTECHDP SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CRESTECHDP 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 WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE. IN NO EVENT WILL CRESTECHDP BE LIABLE FOR ANY INDIRECT DAMAGES, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE) OR CONTRACT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE MATERIALS PROVIDED, OR THE USE OR INABILITY TO USE THE WEB SITE OR ANY OF THE MATERIALS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CRESTECHDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF CRESTECHDP WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS WEB SITE OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  11. Indemnification

    12. You hereby agree to indemnify and hold CrestechDP harmless for any and all costs, damages, expenses, liabilities or obligations (including defense costs and attorneys fees) that it may incur as a result of claims asserted against it by any third party that directly or indirectly arise or otherwise relate to your access to and use of the Materials, including without limitation the downloadable videogames, and this web site, including without limitation your failure to comply with the terms of this TOU or any License Agreement.

  12. Export Controls

    13. The Materials may be subject to United States government export restrictions. You understand that none of the Materials or any underlying technology or direct product thereof may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan, (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders, U.S. Treasury Department’s list of Specially Designated Nationals or any other U.S. government denied or embargoed party list or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.

  13. Links to Third Party Sites

    14. CrestechDP may provide links to third-party sites. CrestechDP does not control the linked sites and CrestechDP is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. CrestechDP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CrestechDP of the site. If you decide to leave our web site and access these third-party sites, you do so at your own risk and you acknowledge and agree that CrestechDP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, goods or services available on or through any such hyperlinked site or resource

  14. Copyright and Trademark Information

    15. Without CrestechDP’s prior permission, you agree not to display or use in any manner the CrestechDP Marks. Other trademarks belong to their respective owners.

  15. General Information

    16. These TOU and the relationship between you and CrestechDP shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and CrestechDP agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California. The failure of CrestechDP to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOU are for convenience only and have no legal or contractual effect. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement will nevertheless remain in full force and effect. CrestechDP is not responsible for delay or failure to perform due to causes beyond its reasonable control. Sections 7-12, 15 and 16 shall survive termination of this Agreement.

  16. Contact Information

    17. Please direct any inquiries and/or comments to
    CrestechDP
    120 Wall St 29th FL
    New York, NY 10005
    USA
    Please report any violations of the TOU to CrestechDP by regular mail :
    CrestechDP
    TOU violations
    440 9th avenue
    New York, NY 10001
    USA
    ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
© 2008. CrestechDP. All Rights reserved. Terms of Use - Privacy Policy - Login - Contract Terms