All content, design, text, images, code and software, technical drawings, configurations, graphics, photographs, audio and video clips, scripts, links, interactive features and other material and files (collectively, the “Content”) used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content, are either registered trademarks, trademarks, tradenames, service marks or otherwise protected property of GameFace, or used under license or otherwise and all rights thereto are specifically reserved.
Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with, and keep intact, any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. If permission is granted by GameFace and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, GameFace (and all other entities with an interest in the relevant intellectual property) or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.
To use areas of the site that require registration, you will be required to register by completing a registration form and designating a username, password and/or other registration information (“Registration Data”). During registration, you agree to: (a) provide true, accurate, current and complete Registration Data about yourself as prompted by the registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Registering with the Site will signify your agreement that all Registration Data provided is complete, accurate and up-to-date and an acknowledgement that you are responsible updating your Registration Data as necessary. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If you provide any information that is untrue, inaccurate, out-of-date or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not authorize any third party to use your Registration Data. You may not sublicense, transfer, sell or assign your Registration Data and/or this Agreement to any third party without our prior written approval. Any attempt to do so will be void ab initio and a material breach of this Agreement.
We may provide interactive activities on the Site such as chat rooms, article and blog comment posting areas, bulletin boards (also known as message boards), SMS text messaging, mobile alerts and mobile e-mail updates or auditoriums, collectively identified as “Interactive Areas,” for the enjoyment of our visitors. You may not use the Site in a way that violates applicable federal, state, or international law, or for any other unlawful purpose. You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of GameFace or others.
Content posted by users and other non-gogameface.com contributors (“user content”) is generally not reviewed by GameFace. Nonetheless, GameFace reserves the right to change, delete, or remove, in part or in full, any postings in Interactive Areas, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law. In addition, GameFace shall have the right to remove any user content it has reason to believe may infringe the rights of a third party. GameFace reserves the right, in its sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit GameFace’s response to a future occurrence. You acknowledge and agree that GameFace shall not assume or have any liability for any action or inaction by GameFace with respect to any user posting. Users shall remain solely responsible for user postings and any material or information transmitted to other users or interaction with other users.
Any submissions or postings by visitors to parts of the Site, including Interactive Areas, without limitation, will be public and posted in public areas on the Site. GameFace, its affiliates, subsidiaries, and our and their officers, directors, employees and agents that conduct, operate and/or manage the Site’s Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or user content posted, uploaded or transmitted in these Interactive Areas.
You must be thirteen (13) years of age or older to participate in the Site’s Interactive Areas. GameFace will not accept registrations from or knowingly allow participation in its Interactive Areas by persons under thirteen (13) years of age. For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. You should always use your screen name to identify yourself. By participating in any of the aforementioned activities, all visitors and members agree to follow GameFace’s User Conduct Policy as described herein. GameFace reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any user content that is commercial in nature or to terminate access to and use of the Site by any user who posts commercial content.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our policy. We encourage your participation in upholding our standards. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our Site. GameFace reserves the right to terminate your access to and use of the Site, if, in our view, your conduct fails to meet any of the following guidelines:
GameFace strives to make its Interactive Areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor’s registration and access to the Site, in GameFace’s sole discretion, in addition to any other remedies. As stated above, we may also post additional guidelines and/or code of conduct for certain Interactive Areas and any such additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules governing a promotion or code of conduct posted in a specific area of the Site and this Agreement, then those rules or code of conduct shall govern solely with respect to the conflicting terms and the specific promotion or area of the Site. If you see objectionable user content or have any questions about the code of conduct, please contact us at firstname.lastname@example.org.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millenium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent:
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
If you are seeking permission to use GameFace’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the permissions department at email@example.com, not our Agent.
THIRD PARTY SITES.
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the “third-party sites”). GameFace does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by GameFace or imply that GameFace sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other website.
You agree that your use and browsing of our Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. GAMEFACE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES GAMEFACE WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT, ANY INFORMATION ON THE SITE AND ALL E-MAILS SENT BY GAMEFACE, ITS AFFILIATES AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” NEITHER WE, NOR OUR AFFILIATES OR SUBSIDIARIES, DISTRIBUTORS, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, GameFace’s liability is limited to the greatest extent permitted by law.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, GAMEFACE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER GAMEFACE, NOR ANY OF ITS RELATED ENTITIES, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS, OR ANY OF ITS OR THEIR RELATED PARTIES ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE SITE; OR (V) FROM ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF GAMEFACE OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL GAMEFACE, ITS AFFILIATES OR ITS RELATED PARTIES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF GAMEFACE, ITS AFFILIATES OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. GACEFACE AND ITS RELATED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR SITE.
You specifically acknowledge and agree that GameFace and its related parties are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while GameFace intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.
We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GAMEFACE, ITS AFFILIATES, AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE RELATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES AND SUBSIDIARIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
You agree to indemnify, defend and hold harmless, GameFace, its affiliates, subsidiaries, and its and their respective officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any user content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach or alleged breach of the terms of this Agreement. GameFace reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by GameFace in the defense of any claim. In any event, you shall not settle any matter without the written consent of GameFace.
GameFace does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or GameFace mail and e-mail addresses, or in any other way. Please note that any information, comments, suggestions, ideas, concepts, data, files, programs, footage, photographs or other materials (collectively, the “Unsolicited Materials”) sent to GameFace or posted on the Site (e.g., user content) will be deemed non-confidential. By submitting, transmitting, posting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become and remain the property of GameFace.
USER’S GRANT OF LIMITED LICENSE.
By communicating with GameFace, including submitting, sending or posting Unsolicited Materials or other information or material to the Site and/or GameFace, you grant GameFace the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive fully paid-up and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to GameFace. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
We reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA STORED ON THE SITE MAY NOT BE RETRIEVED.
GOVERNING LAW AND LIMITATION OF ACTIONS.
The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. This Agreement may be amended as set above. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. This Agreement and 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. Section headings are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
For more information on our Customer Service Policies e-mail us at firstname.lastname@example.org or contact us by postal mail at:
GameFace Interactive LLC
Last Updated: September 2, 2008