Tista Games, Inc. ("Tista Games," "we," or "us") provides an online gaming service offering a selection of game episodes, videos and other content (collectively, the "Content"). Our gaming service, the Content, our platform for interacting with the Content (the "Game Player") and any other features, tools, applications, materials, or other services offered from time to time by Tista Games in connection with its business, however accessed, are referred to collectively as the "Tista Games Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
other websites where users or website operators are permitted to embed the Game Player; and
Tista Games authorized applications, features or devices.
3. ACCESS AND USE OF THE TISTA GAMES SERVICES
Age Limitations. The Tista Games Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Tista Games or provide your personal information to Tista Games. If you are at least 13 and under 18 years of age, you may register with Tista Games only if you have the consent of your parent or guardian.
Your License. Tista Games is pleased to grant you a non-exclusive limited license to use the Tista Games Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Game Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and interact with the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Tista Games in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Tista Games in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Tista Games. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar games, videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Tista Games in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Game Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Game Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Game Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Game Player is located; and (ii) having full access to all functionality of the Game Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Ownership. You agree that Tista Games owns and retains all rights to the Tista Games Services. You further agree that the Content you access and view as part of the Tista Games Services is owned or controlled by Tista Games and Tista Games's licensors. The Tista Games Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the Tista Games Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Tista Games Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Tista Games Services, Content, Game Player and embedding restrictions detailed above, and further agree that you will not access the Tista Games Site or use the Tista Games Services in a way that:
violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the Tista Games Services (including the Content) that is not authorized by Tista Games (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Tista Games Services);
involves accessing the Tista Games Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Tista Games Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
damages, disables, overburdens, impairs, or gains unauthorized access to the Tista Games Services, including Tista Games's servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Tista Games Services (including the Content);
uses the Tista Games Services to advertise or promote services that are not expressly approved in advance in writing by Tista Games;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by Tista Games;
interferes with any other party's use and enjoyment of the Tista Games Services; or
attempts to do any of the foregoing.
If Tista Games determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Tista Games Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Tista Games Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Tista Games Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Tista Games Services, you acknowledge that you will have caused substantial harm to Tista Games and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Tista Games $50 for each such unsolicited communication you send through the Tista Games Services.
Downloads. In order to participate in certain Tista Games Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Tista Games Services (including the Content and the devices through which the Tista Games Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Tista Games may do so in Tista Games's sole discretion. You also agree that Tista Games will not be liable to you for any modification, suspension, or discontinuance of the Tista Games Services, although if you are a Tista Games Subscriber and Tista Games suspends or discontinues the Tista Games Subscriber service, Tista Games may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional episodes remaining on your account) in accordance with Section 4 below. However, if Tista Games terminates your account or suspends or discontinues your access to Tista Games Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by sending an email to firstname.lastname@example.org. It would be our pleasure to serve you.
4. Tista Games Episode Credits, Subscriptions, and Billing
While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view and/or interact with Content that Tista Games would not otherwise be able to make available without charging a fee. For that reason, we ask you to pay for access to individual episodes (“Episode Credits”) or a subscription fee to access the Tista Games Subscriber Content.
You can find the specific details regarding your subscription to Tista Games at any time by logging in on the Tista Games website and clicking on My Account under your name. You agree that your Tista Games account is for individual use only and your Tista Games account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
Permitted Disclosures: Notwithstanding the foregoing, TISTA Games reserves the right to disclose any information TISTA Games collects in connection with the website, without further notice to you (a) to any successor to TISTA Games’ businesses as a result of any merger, acquisition or similar transaction; and (b) to any law enforcement or regulatory authority to the extent required by law or if, in TISTA Games’ reasonable discretion, disclosure is necessary to investigate fraud or any threat to the safety of any individual, to protect TISTA Games’ legal rights or to protect the rights of third parties.
By providing a credit card or other payment method accepted by Tista Games (“Payment Method”) to purchase Episode Credits, you are expressly agreeing that we are authorized to charge you a one-time fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your purchase of Episode Credits and use of the Tista Games Content.
By providing a credit card or other payment method accepted by Tista Games (“Payment Method”) to become a Tista Games Subscriber, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Tista Games to the Payment Method.
In order to sustain the Tista Games service, it is important that each user of the Tista Games service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with Tista Games. You will remain liable to Tista Games for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
On occasion, we may be authorized to offer the use of Tista Games through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, log in on the Tista Games website and click on My Account under your name.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Tista Games. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Tista Games representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us via email to email@example.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing firstname.lastname@example.org with the subject "Delete my Tista Games Account” and using the same email account that was used to create your Tista Games account. We may require additional information to terminate your account. Please note, if you are a Tista Games Subscriber or your account has Episode Credits, you will lose any Subscriber status and Episode Credits.
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Tista Games Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Tista Games Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Tista Games Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Tista Games the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material.
Tista Games will remove all User Material if we are properly notified that such User Material infringes on another person's rights. You acknowledge that Tista Games does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Tista Games does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Tista Games. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Tista Games assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Tista Games with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Tista Games Services is not available for a specific instance of inappropriate User Material, please email email@example.com (subject line: "Inappropriate User Material").
8. LINKED DESTINATIONS AND ADVERTISING
Tista Games is not responsible for the content or practices of any website or destination other than the Tista Games Site, even if it links to the Tista Games Site and even if the website or destination is operated by a company affiliated or otherwise connected with Tista Games. By using the Tista Games Services, you acknowledge and agree that Tista Games is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Tista Games Site.
Advertisements. Tista Games takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Tista Games Services are between you and the advertiser, and you agree that Tista Games is not liable for any loss or claim that you may have against an advertiser.
Tista Games, the Tista Games logo, www.tistagames.com, and other Tista Games marks, graphics, logos, scripts, and sounds are trademarks of Tista Games. None of the Tista Games trademarks may be copied, downloaded, or otherwise exploited.
10. UNSOLICITED SUBMISSIONS
It is Tista Games policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Tista Games's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Tista Games creative work, including a game, film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE TISTA GAMES SERVICES, YOU AGREE THAT USE OF THE TISTA GAMES SERVICES IS AT YOUR OWN RISK. THE TISTA GAMES SERVICES, INCLUDING THE TISTA GAMES SITE AND THE OTHER PROPERTIES, THE CONTENT, THE GAME PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TISTA GAMES DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE TISTA GAMES SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL TISTA GAMES OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "TISTA GAMES PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE TISTA GAMES SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TISTA GAMES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE TISTA GAMES SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TISTA GAMES PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE TISTA GAMES SERVICES (INCLUDING YOUR USE OF THE CONTENT). TISTA GAMES RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Tista Games Services, including through a link, infringes your copyright, you should notify Tista Games of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Tista Games receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Tista Games at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
Tista Games, Inc.
9210 Corporate Blvd., Suite 410
Rockville, MD 20850
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Tista Games Services that is reasonably sufficient to enable Tista Games to identify and locate the material; (iv) how Tista Games can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Tista Games has a policy of terminating repeat infringers in appropriate circumstances.
13. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS.
At Tista Games, we expect that our world-class customer service team will be able to resolve most issues you may have using the Tista Games Services. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Tista Games agree to the following resolution process.
Because we prefer to resolve our issues with you directly, you agree to arbitrate with Tista Games only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
Rather than force everyone to visit us in Maryland, if you can demonstrate that arbitration in Maryland would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Rockville, Maryland.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against Tista Games, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it's fair that Tista Games reimburse your reasonable attorneys' fees and costs.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Tista Games for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Tista Games, Inc., 9210 Corporate Blvd., Suite 410, Rockville, MD 20850 - Attn: Legal Department.
Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and Tista Games agree on the process described in this Section.
14. GENERAL INFORMATION
International Use. We are a company based in the United States. Tista Games’ goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Tista Games does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Tista Games Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.