Terms of Service

By purchasing content from this website you consent to be bound by the following terms and agreements.

Commodore Gaming, B.V. Website Terms of Service

This Agreement (the "Terms of Service") is between you and Commodore Gaming, B.V. ("we," "us," or "Commodore Gaming"), a Netherlands Limited Liability Corporation, with a principal place of business in Amsterdam. By accessing and using the Commodore Gaming Website, you hereby agree to these Terms of Service.

1. EXPLANATION AND CHARGING POLICY: We are currently offering the latest games for the mobile phone to our subscribers on our Website (the "Site"). We intend to add other content in the future. You can access the portions of our Site that allow the downloading of games for your mobile phone only with a correct mobile phone number, mobile phone make and model information. We offer the various mobile form makes and models on the Site for your selection.  The download fee per game is as specified on the Site. Prices may be subject to change.

2. USE WITH RESPECT TO DOWNLOADING GAMES AND GAME ARENA: Only your mobile phone is permitted to use your Commodore Gaming game (“Games”). Only one mobile phone may download one of our Games at any one time. You agree that with respect to any Game you download, we do not authorize you to make a copy onto your computer hard drive and/or onto a CD or DVD or another mobile phone. We do not authorize you to make copies and provide them to any other person. To the extent we are technologically able, our intent is to make any unauthorized copying difficult. You do grant to us and authorize us to place a cookie or other code in any download to you that would cause your mobile phone to notify us any time you made a copy onto any kind of transportable storage device such as a CD ROM or DVD or another mobile phone and to prevent you from transferring, copying onto another device or otherwise using the Games on a device other than the mobile phone which you have downloaded it to. You also authorize us to insert files or codes that would prevent emailing of any of the content you have downloaded from us or other electronic transfer of that content such as over variations of pure and hybrid peer-to-peer networks.

Commodore Gaming does offer through the Site the opportunity to use connected functionalities for gaming in the form of the Gaming Arena. This service is provided by Commodore for customers who download its Games. COMMODORE DOES NOT GUARANTEE THE INFORMATION PROVIDED ON COMMODORE GAME ARENA AND YOU ARE NOT ENTITLED TO RELY ON ANY INFORMATION PROVIDED THERE.

3. YOUR RIGHTS: Commodore Gaming, B.V. grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials provided hereon, provided that you comply fully with these Terms of Service. The contents of the Site are only for your use as a visitor and/or Purchaser of the Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

You must use your own common sense to judge, evaluate and decide about the usefulness of what you read here. We do not vouch for the quality of the Games available on the Site. Any ratings are our opinion only and if there are no ratings, we may not have viewed the Games.

4. ACCESS AND USE CHARGES: Currently, there are no charges or fees for access to the Site. Commodore Gaming does charge you to access the streaming and download sections of the Site. Game download fees are set forth in Clause 1 above.

For purposes of registration as a game purchaser (“Purchaser”), you agree to provide Commodore Gaming with accurate, complete, and updated information required for the site download registration ("Registration Data") in order to obtain access to the Games, which may include your legal name, address, telephone number(s), and applicable payment data (e.g. credit card number and expiration date). Failure to comply with this provision (including, without limitation, falsification of any Registration Data) may, at Commodore Gaming’s option, result in immediate suspension or termination of your right to download and/or use the Site without refund of any sums you may have paid for a Game.

5. COPYRIGHT AND TRADEMARKS: All materials on the Site. including, without limitation, text, images, software, audio and video clips, databases, e-mails, games and posted comments (collectively, the "Content") are owned or controlled by Commodore Gaming and/or its licensors, which retain all right, title, and interest in and to the Content. Your posting of material on the Site or providing material to Commodore Gaming (other than subject to a "Distribution Agreement" with us) to use on the Site will be deemed a non-exclusive perpetual unrestricted license by you to Commodore Gaming of the material, including the right to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works, and you waive all rights of attribution and integrity with respect to the material. The Site and Content are protected by the copyright and trademark laws of the Netherlands and other countries, international conventions, and other applicable laws.

Post only material that is yours; that is, post only material to which you own the copyright or have the express written consent of the copyright holder. Direct quotes from published materials may not be posted without the written permission of the copyright holder. Material posted without permission of the copyright holder will be removed if we learn of such posting without permission. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Commodore Gaming.

Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single mobile phone for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collec­tion, compilation, database or directory without written permission from Commodore Gaming is prohibited. in addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited. Your rights to use and make copies of our Games are set forth in Clause 2 above.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of Commodore Gaming or its employees, licensors, independent con-tractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Commodore Gaming or the relevant Affiliate. In addition, you may not use our trademarks:

(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Commodore Gaming;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that Commodore Gaming sponsors or endorses or is otherwise con­nected with your own activities, products and services or those of third parties.

COPYRIGHT © COMMODORE GAMING B.V., 2006

ALL RIGHTS RESERVED.

COMMODORE GAMING, COMMODORE GAMING B.V., AND OTHER RELATED MARKS USED ON THIS SITE ARE SERVICE MARKS OF COMMODORE GAMING B.V.

6. INFORMATION PROVIDED: You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. Commodore Gaming reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that Commodore Gaming is not responsible for any materials posted by users of the Site. Prior to making any decisions based on information posted on the Site, you are advised to verify the information. Neither Commodore Gaming nor its Affiliates shall have any liability arising from your acts or decisions based upon the information provided on the Site.

7. LINKS TO OTHER SITES: The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties. Such links do not constitute an endorsement by Commodore Gaming of any third-party site or any materials contained therein. Commodore Gaming does not control, and is not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

8. AGE RESTRICTIONS: You represent and warrant to Commodore Gaming that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

9. INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless Commodore Gaming from and against any and all liability and costs incurred by Commodore Gaming in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the de­fense of any claim. Commodore Gaming reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Commodore Gaming.

10. DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTA­BILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMMODORE GAMING MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLI­GENCE BY COMMODORE GAMING. COMMODORE GAMING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUD­ING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS, COMMODORE GAMING WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVEX MALICIOUS CODE.

11. LIMITATION OF LIABILITY: USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL COMMODORE GAMING, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR COMMODORE GAMING, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF COMMODORE GAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF COMMODORE GAMING IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE COMMODORE GAMING AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

12. TERMINATION: In addition to any other rights of the parties set forth herein, either you or Commodore Gaming may cancel or terminate your access to the Site. Commodore Gaming also reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach of any portion of these Terms of Service. If Commodore Gaming terminates these Terms of Service based on a breach of any portion of these Terms of Service, Commodore Gaming reserves the right to refuse to provide use and/or access to any Services to you in the future. You acknowledge that Commodore Gaming shall not be liable to you or any third party for any termination of your access to this Site.

13. MODIFICATIONS:
(a) To the Agreement: Commodore Gaming has the right to modify these Terms of Service and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Commodore Gaming in providing the Site, including without limitation:

(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the use or access of the Site, is to cancel your Purchase.

(b) To the Site: Commodore Gaming has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. Commodore Gaming may also impose limits on certain features and services or restrict your access to parts or all of the Commodore Gaming Site without notice or liability.

14. VIOLATIONS: If you see a message that you believe violates these Terms of Service, please no­tify us at .

If you believe that your work has been copied and is accessible on this Site in a way that consti­tutes copyright infringement, you may notify Commodore Gaming. Click here for instructions.

15. GENERAL: These Terms of Service constitute the entire agreement between you and Commodore Gaming with respect to the Site and supersede all prior agreements between you and Commodore Gaming with respect to the Site. Failure by Commodore Gaming to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Please do not suggest or encourage illegal activity. (Commodore Gaming, B.V. will cooperate with law enforcement officials as appropriate.) Interpretation and enforcement of these Terms of Service shall be governed by the laws of the country of the Netherlands (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in courts of the Netherlands for any action arising out of or relating to your use of the Site. The courts of the Netherlands shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.