TERMS OF USE

ACCEPTANCE OF TERMS

Welcome to Sega.com, Inc! Please review the following basic terms that govern your use of the Sega.com website. Please be advised that your use of the Sega.com website constitutes your agreement to follow and be bound by the following Terms of Use.

MODIFICATIONS TO TERMS OF USE

We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes on Sega.com, and these additional or revised terms will become part of the agreement. Please check this Terms of Use document periodically for changes. Your continued use of the Sega.com website constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by Sega.com as permitted above.

WEBSITE CONTENT

This website has been prepared solely to provide information on products and services offered by Sega.com, Sega of America Dreamcast, Inc., and other affiliated companies. Although this website has been compiled in good faith, no representation is made as to the completeness or accuracy of the information it contains. The information contained on this website may be incomplete, contain errors, or become out of date at any time. Sega.com makes no commitment and expressly disclaims any duty to update any of the content on this website. Sega.com reserves the right to add, modify, or delete any information on this website at any time.

ACCESSING SEGA.COM

In order to access the Sega.com website, you must have access to the World Wide Web provided by an Internet Service Provider ("ISP") of your choosing and you must pay any applicable fees for such access. Sega.com shall have no responsibility for the bandwidth of your connectivity or the operational speed of the ISP you have selected.

YOUR REGISTRATION RESPONSIBILITIES

When registering for a Sega.com account, you agree to (a) provide true, accurate, current, and complete information as prompted by the account registration form and (b) to maintain and update this registration information to keep it true, accurate, current, and complete. Sega.com reserves the right to terminate your access to the login areas of our site in the event you provide registration information that is false, inaccurate, not current, or incomplete.

Sega.com's use of your registration information is governed by our privacy policy. Our privacy policy makes specific provisions for those visitors who are under 13 years of age. Please review the Sega.com Privacy Policy for further information.

Cookies and IP Addresses

Sega.com uses cookies on our websites. Cookies are pieces of information that a website transfers to an individual's hard drive for record-keeping purposes. Cookies make web surfing easier for personal-computer users by saving your preferences while you're at our site. Cookies do not include people's names, e-mail addresses, or other information that is personally identifiable; they are used only to quickly identify your computer. The use of cookies is an industry standard--you'll find them at most major websites. Although most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of Sega.com's websites may not function if you refuse to accept cookies.

We do not use Internet Protocol ("IP") addresses. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. However, we can and will use IP addresses to identify a user when we feel it is necessary to protect our service, site, customers, or others.

RESTRICTIONS ON USE

You agree to abide by all applicable local, state, national, and international laws and regulations in using the Sega.com website. You agree to not: (a) use Sega.com for illegal purposes; (b) use Sega.com in any manner that violates the rights of a third party, including without limitation intellectual property rights; (c) use Sega.com to post or otherwise communicate material that is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent, or otherwise objectionable, or to post any links to any external Internet websites that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings, or personal ads; (d) use Sega.com to provide materials that contain viruses or other contaminating or destructive features; (e) cheat in any form with respect to online games.

AGREEMENT TO RULES OF USER CONDUCT

Sega.com is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of the Sega.com website, such as Chat, Message Boards, and Profiles. Acceptance of Sega.com's Terms of Use constitutes your agreement to abide by any Rules of Conduct posted in such areas, as well as the restrictions and responsibilities outlined in this document. You agree to take full responsibility and liability for the accuracy and appropriateness of your posted content, and any consequences that may arise from posting in public areas of Sega.com.

Sega.com reserves the right to delete, move, or edit any posted content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. You agree that by using the Sega.com website, you grant Sega.com the right to convert, copy, display, edit, and distribute posted content. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences.

Sega.com will not be held liable for damages of any kind arising from the use of the public posting areas of this website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

EXTERNAL LINKS TO THIRD-PARTY SITES

The Sega.com website contains links to other World Wide Web Internet sites. Sega.com is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. Sega.com is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Sega.com be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such sites. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.

INDEMNIFICATION

Your use of the Sega.com website constitutes your agreement to defend, indemnify, and hold harmless Sega.com, and the employees,contractors, officers, and directors of Sega.com and its affiliated companies, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Sega.com website or the use or misuse of Sega.com by a third party using your password.

TERMINATION

These Terms of Use are effective until terminated. You agree that Sega.com may terminate your login access to our website, including your user name and password, at any time for any reason without prior notice of liability. Sega.com may change, suspend, or discontinue all or any aspect of the Sega.com website at any time, including the availability of any feature, without prior notice or liability.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

SEGA.COM, INC. PROVIDES THE SEGA.COM WEBSITE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AS TO THE INFORMATION, CONTENT, OR OTHER MATERIALS MADE AVAILABLE USING THE SEGA.COM WEBSITE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SEGA.COM WEBSITE.

YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT, AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SEGA.COM WEBSITE. SEGA.COM SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN THE SEGA.COM WEBSITE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL SEGA.COM BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT THE MAXIMUM LIABILITY OF SEGA.COM, INC. IN CONNECTION WITH OR ARISING FROM ANY USE OF THE DREAMCAST NETWORK SHALL BE LIMITED TO $200 IN THE AGGREGATE PER USER.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SEGA.COM SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

COPYRIGHT AND TRADEMARK NOTICE

Copyright 2000 Sega.com, Inc. All rights reserved. "Sega" is registered in the U.S. Patent and Trademark Office and is a trademark of Sega Corporation. "SegaNet," the Sega.com logo, and the SegaNet logo are trademarks of Sega.com, Inc.

"SEGA" and "DREAMCAST" are registered trademarks of Sega Corporation. Many of the game names, logos, and characters are also trademarks or registered trademarks of Sega Corporation. All other brands and product names are trademarks or registered trademarks of their respective holders. The use of any Sega trademark or service mark without express written consent is strictly prohibited.

INTELLECTUAL PROPERTY

You acknowledge and agree that all content, design elements, and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or for any means without Sega.com's prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Sega.com is strictly prohibited.

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Except as provided below, Sega.com and its licensors retain all right, title, and interest in and to the Sega.com website, excluding Your Content ("Sega Intellectual Property") You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Sega Intellectual Property, in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of Sega.com. You agree to use the Sega.com website only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Sega.com website.

Please be advised that any information uploaded by visitors to Sega.com, including but not limited to VMU files, player rankings, chat and message board postings, and profile information, become the property of Sega.com. Sega.com reserves the right to display, modify, distribute, reproduce, use for promotional purposes, or delete any of this information at any time and for any reason without notice.

JURISDICTION AND LEGAL NOTICES

These Terms of Use are governed by and construed in accordance with the laws of the State of California, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of or relating to the Sega.com website or these Terms of Use. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Sega.com may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to the Sega.com website must commence within one (1) year after the cause of action arose.