General
Upon the viewing and using the site, You hereby agree to this Terms and Conditions Agreement, heretofore referred to as the “Terms.” This Agreement is entered into by and between Genesis Interactive, Inc., heretofore referred to interchangeably as “GotGame.com,” “Service,” or “We,” and You, heretofore referred to interchangeably as “User” or “Member.”
GotGame.com reserves the right, at our sole discretion, to modify these Terms and any Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. The User’s continued use of the Service constitutes the binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to the User, he or she may cancel the Service by contacting GotGame.com’s support personnel at legal@gotgame.com.
GotGame.com also reserves the right, at our sole discretion, to restrict, suspend or terminate User access to any or to all aspects of the Service at any time, for any reason, without prior notice or liability. GotGame.com may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. GotGame.com reserves the right to remove any material that the User submits to the Service for any reason without prior notice to the User and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that any Users’ submission will be processed within the expected time frame.
GotGame.com will not have any liability to the User as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting, and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
User Content
By submitting any information or content of any form to the Service, the User represents and warrants that: GotGame.com, our customers and licensees shall not be required to make any payments with respect to material that the User submits to our sites, including, but not limited to, payments to the User, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in the User’s materials, the User’s licensors, unions or guilds; the User has full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms. The material that the User submits to our sites does not contain “samples” of any third party’s sound recording or musical composition and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; The material that the User submits is not and will not violate any law, statute, ordinance or regulation; The material that the User submits is not and will not be defamatory, trade libelous, pornographic or obscene, and the User is at least fourteen (14) years of age.
By submitting videos, music, images, or other audio-visual, audio, or visual content to us, the User grants us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to: publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images the User’s material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing the User’s material, to Users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by Users; Make User’s material accessible as audio and/or video streams; Use any trademarks, service marks or trade names incorporated into the User’s material and use the likeness of any individual whose performance or image is contained in the User’s material.
Content Rating and Viewer Consent
Members of this internet community may upload, post and make public content, including but not limited to videos, images, or music of a sexually explicit and/or obscene nature, which may not be suitable for children or adolescents. By joining our community the User attests that he or she is over the age of fourteen (14), or older if so specified in the content being displayed, over the legal age of majority in the jurisdiction in which the User resides, and that the User has the consent of a parent or legal guardian to view such content.
Protect Your Password and Subscription
The User agrees to provide true, accurate, current and complete information about his- or herself as requested in the Service’s registration process and to update the User’s information. The User may not reveal his or her subscription password to anyone else and may not use anyone else’s password. The User is responsible for maintaining the confidentiality of his or her subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.
Requests for Removal of Listings
If the User believes that material he or she owns has been copied and made accessible in a manner that violates the User’s intellectual property rights, please notify the Service immediately at legal@gotgame.com. GotGame.com will consider such requests individually.
Third Party Sites and Content
This Service contains links to other Internet sites that our business partners and other third parties own or operate. The User’s use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. GotGame.com has no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any material in the Service’s search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.
User Conduct on the Service
In addition to on this site, certain material that the User submits may, at our sole discretion, also become available to certain partners around the world, through, for instance, the Service’s embeddable video player.
If GotGame.com discovers that the User has manipulated the data or statistics for certain materials, we reserve the right to remove the product from our site and any of our Affiliate’s site or sites.
The content on the Service is intended for the User’s personal, non-commercial use. All materials published on the Service, including, but not limited to, videos, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit any of the materials or content of the service in whole or part.
The User agrees not to use the site, including the GotGame.com embeddable player, for any commercial use, without the prior written authorization of GotGame.com. Prohibited commercial uses include any of the following actions taken without GotGame.com’s express approval:
• sale of access to the GotGame.com site or its related services (such as the embeddable player) on another site;
• use of the GotGame.com site or its related services (such as the embeddable player), for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the GotGame.com site or any third party website, targeted to the content of specific User submissions or GotGame.com content;
• and any use of the GotGame.com site or its related services (such as the embeddable player) that GotGame.com finds, in its sole discretion, to use GotGame.com’s resources or User submissions with the effect of competing with or displacing the market for GotGame.com, the Service’s content, or its User’s submissions.
The Service contains bulletin boards, chat areas, news groups, forums, wikis, communities, and message or communication facilities (collectively, the “Forums”). The User agrees to use any Forum only to send and receive messages and material that are proper and related to that particular Forum.
Without limiting the foregoing, the User agrees that he or she will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that the User knows or reasonably should know cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum.
GotGame.com reserves the right to terminate the User’s access to any or all of the forums at any time without notice for any reason whatsoever. If, at our sole discretion, the User chooses a user name that is obscene, indecent, abusive, or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to the User, to automatically change the User’s user name, delete his or her posts from the Forums, deny him or her access to the Forums, or any combination of these options. If the User continues to choose user names that GotGame.com finds objectionable, GotGame.com reserves the right to permanently terminate his or her access to the Forums, the Service or both.
The User will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to the User’s use of the Service or information provided to or gathered by us with respect to such use.
Indemnification, Legal Policies, and Notices
The User hereby agrees to indemnify, defend and hold the Service, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the “Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. GotGame.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to cooperate with our defense of such claim.
The listing, or absence of listing, of any document in the Service’s search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. GotGame.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in the Service’s search results.
GotGame.com disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. GotGame.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service.
GOTGAME.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, GOTGAME.COM DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR, THE USER’S DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. GOTGAME.COM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. THE USER EXPRESSLY AGREES THAT HE OR SHE WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. GOTGAME.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOTGAME.COM RESERVES THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.
Any controversy or claim arising out of or relating to these Terms, this site, or its Affiliates will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either the User or GotGame.com may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or the Party (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
These Terms constitute the entire agreement between the User and the Parties/the Service with respect to the Service, and supersedes all previous written or oral agreements.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
