Website Terms Of Use

The Terms of Use set forth herein apply to the entire group of web sites owned, operated or otherwise controlled by Encore, Inc., A Navarre Corporation Company ("Encore") including but not limited to www.encoresoftware.com, www.encoreusa.com and www.mysteryadventuregames.com.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER ENCORE WEB SITE.

By using any web site owned, operated, or otherwise controlled by Encore (each an “Encore Website” and collectively, “Encore Websites”), you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use this or any other Encore Website. Encore reserves the right, at its discretion, to change, modify, add, or remove portions of these terms. Your continued use of any Encore Website following the posting of any change or modification of these terms will mean you accept those changes or modifications. Encore also reserves the right to withdraw access to all Encore Websites and to change, modify, revise the materials, products, and pricing listed or offered through the Encore Websites at any time.

General Restrictions on Use Of Materials
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are a part of any Encore Website are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Encore. No material from any Encore Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Use or modification of any materials provided on the Encore Websites is a violation of Encore's, its supplier’s or it's licensor’s copyright, trademark and/or other proprietary rights. All trademarks, service marks, and trade names used on the Encore Websites are proprietary to Encore and/or its suppliers and licensors.

Notice Specific to Software Available on This Web Site and Any Other Encore Web site(s).
Any software that is made available through an Encore Website (“Software”) is the copyrighted work of Encore and/or Encore's suppliers or licensors. Use of the Software is governed by the terms of the end user license agreement, which accompanies or is included with or in the Software, whether electronic or otherwise ("License Agreement"). The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement 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 MEDIUM 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. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ENCORE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

US Government End Users
Any Software which is downloaded, purchased or used for or on behalf or the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of the DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Encore, Inc., 5420 West 83rd Street, Los Angeles, California 90045-3204.

Privacy Policy
Information submitted to Encore via any Encore Website is governed by Encore's Privacy Policy. You should review Encore’s Privacy Policy carefully prior to registering with Encore or otherwise providing Encore with any personal information.

Submissions
Any comments or materials submitted to Encore including feedback data, such as questions, suggestions, and comments regarding any Encore Website features or content or any products available through any Encore Website (collectively, “Submissions”), shall be deemed to be not confidential and Encore shall have no obligation of any kind with respect to such Submissions. Encore is free to reproduce, use, disclose, display and distribute such Submissions to others without compensation or liability to you and Encore is free to use any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Submissions.

Disclaimer of Warranty
THIS WEB SITE AND THE CONTENTS HEREOF ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENCORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOR DOES ENCORE WARRANT THAT THE FUNCTIONS OF THE ENCORE WEBSITES OR THE FUNCTIONS CONTAINED IN THE MATERIALS OF ANY ENCORE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ENCORE WEBSITES OR THE SERVERS THAT MAKE THE ENCORE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE ENCORE WEB SITES, IN WHOLE OR IN PART, COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENCORE AND/OR ITS RESPECTIVE LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. YOUR CONTINUED USE OF THE ENCORE WEBSITES FOLLOWING THE POSTING OF ANY CHANGE OR MODIFICATION OF THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES OR MODIFICATIONS.

Disclaimer for Forum
The forums available on Encore Websites are provided by Encore as a service for information purposes only. Encore makes no representations or warranties regarding these forums, or the accuracy, completeness or reliability of any information or advice they contain. Encore assumes no responsibility for errors or omissions in information or advice provided. By registering or otherwise using the forums, you agree to follow both these Terms of Use and the Forum Usage Guidelines which can be found at Forum Usage Guidelines.

LIMITATION OF LIABILITY
IN NO EVENT SHALL ENCORE, OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PRODUCTS, MATERIALS OR INFORMATION AVAILABLE FROM THIS SERVER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT HOWEVER, SHALL ENCORE'S OR ITS SUPPLIERS OR LICENSOR'S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS WEB SITE OR OBTAINING ANY PRODUCTS OR MATERIALS AVAILABLE THROUGH ANY ENCORE WEBSITE.

Trademark Information
Encore and the Encore logo are registered trademarks of Encore, Inc. All other trademarks and/or logos are the property of their respective holders.

Copyrights
Encore respects the intellectual property rights of others, and asks that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Encore's Copyright Agent with the information specified below. Please note this procedure is exclusively for notifying Encore and its affiliates that your copyrighted material has been infringed upon.

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim to be infringing is located on the web site;
your address, telephone number and e-mail address;
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;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

With respect to any claims of copyright infringement on any Encore Website, Encore's Copyright Agent may be reached by certified or registered mail (postage prepaid, return receipt requested) at:
Attn: Legal Department
Encore, Inc.
999 N. Sepulveda Blvd., Suite 700
El Segundo, California 90245

Link to Third Party Web Sites
This website may contain links to third party websites which are not under the control of Encore (“Linked Sites”). These Linked Sites are provided for your convenience only and your use any Linked Site is at your own risk and subject to the applicable third party’s terms of use and privacy policy. Encore does not make any representations regarding the content or accuracy of information contained on any linked sites. ENCORE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NOR IS ENCORE RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ENCORE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ENCORE OF ANY WEB SITE SO LINKED. ANY CONCERNS REGARDING PROBLEMS WITH ANY SUCH LINKED SITE SHOULD BE DIRECTED TO THE PARTICULAR RESOURCE FOR OR OWNER OF SUCH LINKED SITE. BECAUSE ENCORE HAS NO CONTROL OVER SUCH LINKED SITES, YOU ACKNOWLEDGE AND AGREE THAT (1) ENCORE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH LINKED SITES, AND (2) ENCORE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ENCORE SHALL NOT BE RESPONSIBLE OR LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE UPON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED SITE.

Termination or Cancellation of Site Access
If you violate any provision of Encore’s Terms of Use, Encore may terminate or cancel your access rights to the Encore Websites immediately without notice. Encore may also block your use of the Encore Websites or direct you to cease using it.

Other General Information
These Terms of Use constitute the entire agreement between you and Encore and govern your use of the Encore Websites. These Terms of Use, as well as your relationship with Encore shall be governed by the laws of the State of California without regard to the conflict of laws provisions. You and Encore agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Encore to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 intention as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related the use of any Encore Website, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles contained in these Terms of Use are for convenience only and have no legal effect or contractual effect.