Terms of Use



Mad Catz Terms of Use and Conditions
(Last Updated: January 13, 2003) 
 
Terms of Use
These Terms of Use (the "Agreement") set forth the terms and conditions that apply to your use of the Mad Catz Web Sites and the services and materials on those sites offered to you by Mad Catz, Inc. The Mad Catz Web Sites and Online Stores is comprised of various web pages operated by Mad Catz or its affiliates ("Mad Catz Web Site").
By using the Mad Catz Web Sites (www.madcatz.com, store.madcatz.biz), your use of the Mad Catz Web Sites constitutes your agreement to all such terms, conditions and notices as if you had signed it. If you do not agree to be bound by this agreement, please discontinue your use of the Mad Catz Web Site. The Mad Catz Web Site may also contain additional terms that govern particular features or offers (for example, sweepstakes or contests).
 
In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within the Mad Catz Web Site, then these terms shall control.
 
CHANGES TO THE TERMS OF USE AND CONDITIONS
Mad Catz reserves the right to change and/or update the terms, conditions, and notices under which the Mad Catz web site is offered. When we do, we will also revise the "last updated" date stamp at the top of the page. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement.
 
LINKS TO THIRD PARTY SITES
The Mad Catz Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Mad Catz and Mad Catz is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mad Catz is not responsible for webcasting or any other form of transmission received from any Linked Site. Mad Catz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mad Catz of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mad Catz Web Site, you warrant to Mad Catz that you will not use the Mad Catz Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mad Catz Web Site in any manner that could damage, disable, overburden, or impair the Mad Catz Web Site or interfere with any other party's use and enjoyment of the Mad Catz Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mad Catz Web Site.

MATERIALS PROVIDED TO MAD CATZ OR POSTED AT ANY MAD CATZ WEB SITE
Mad Catz does not claim ownership of the materials you provide to Mad Catz (including feedback and suggestions) or post, upload, input or submit to any Mad Catz Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mad Catz, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Mad Catz is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mad Catz' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON THE MAD CATZ WEB SITE
Software (if any) that is made available to download from the Mad Catz Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Mad Catz, Inc. and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Mad Catz, Inc. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Mad Catz Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Mad Catz and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MAD CATZ WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAD CATZ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MAD CATZ WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE MAD CATZ WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MAD CATZ, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MAD CATZ WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MAD CATZ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MAD CATZ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MAD CATZ WEB SITES, WITH THE DELAY OR INABILITY TO USE THE MAD CATZ WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MAD CATZ WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MAD CATZ WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAD CATZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MAD CATZ WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MAD CATZ WEB SITES.

SERVICE CONTACT: WEBMASTER@MADCATZ.COM

TERMINATION/ACCESS RESTRICTION
Mad Catz reserves the right, in its sole discretion, to terminate your access to any or all Mad Catz Web Sites and the related services or any portion thereof at any time, without notice. Mad Catz reserves the right, in its sole discretion, to terminate your access to any or all Mad Catz Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL
This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Mad Catz Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mad Catz as a result of this agreement or use of the Mad Catz Web Sites. Mad Catz' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mad Catz' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Mad Catz Web Sites or information provided to or gathered by Mad Catz with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement together with the Mad Catz Online Privacy Policy, constitutes the entire agreement between the user and Mad Catz with respect to the Mad Catz Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mad Catz with respect to the Mad Catz Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the Mad Catz Web Sites are: Copyright © 2003 Mad Catz, Inc. and/or its suppliers, 7480 Mission Valley Road, Suite 101, San Diego, California 92108 U.S.A. All rights reserved.

TRADEMARKS. Mad Catz, the Mad Catz logos, and/or other Mad Catz products referenced herein are either trademarks or registered trademarks of Mad Catz, Inc.. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

FOR INFORMATION REGARDING THE MAD CATZ ONLINE PRIVACY POLICY CLICK HERE