With the exception of the messaging applications on which GameOn Software runs (for example, Facebook Messenger, Skype, Slack, Kik, and Telegram), all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained in GameOn Software is owned, controlled or licensed by or to GameOn, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Revisions, Changes, and Updates
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use GameOn Software in accordance with all terms and conditions herein. You agree to be financially responsible for all use of GameOn Software. You agree not to assign, transfer or sublicense user rights pursuant to this Agreement.
You may not attempt to gain unauthorized access to any portion or feature of GameOn Software, or any other systems or networks connected to GameOn Software or to any GameOn server, or to any of the services offered on or through GameOn Software, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of GameOn Software or any network connected to GameOn Software, nor breach the security or authentication measures on GameOn Software or any network connected to GameOn Software. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to GameOn Software, including any GameOn account not owned by you, to its source, or exploit GameOn Software or any service or information made available or offered by or through GameOn Software, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by GameOn Software.
You agree to comply with all laws, rules, and regulations applicable to your use of GameOn Software. In addition, you agree not to:
a. upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
b. upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
c. upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with GameOn Software;
e. upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit, or otherwise make available any User-Provided Content for which you were compensated or granted any consideration by any third party;
i. upload, post, email, transmit, or otherwise make available any User-Provided Content that includes any information that references other apps, websites, addresses, email addresses, contact information, or phone numbers;
j. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
k. install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
l. interfere with or disrupt the operation of GameOn Software or server networks connected to GameOn Software, or disobey any requirements, procedures, policies, or regulations of networks connected to GameOn Software; or
m. collect or store information about other users of GameOn Software.
Information, News, and Press Releases
GameOn Software may contain information, news, and/or press releases about us. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
Links to Third Party Apps and Websites
GameOn Software may contain links to apps or websites published by other content providers. Also, at your request, GameOn Software may connect to social networking apps or websites that are not owned or controlled by us. These other apps and websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such apps and websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such app or website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked apps and websites, including but not limited to your access to and/or use of the same. You will need to make your own independent judgment regarding your interaction with these linked apps or sites.
Your Provision of Personal Information to Us
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of GameOn Software and refuse any and all current or future use of GameOn Software or any portion thereof.
Access, Correction, and Data Integrity
Although we attempt to maintain the integrity and accuracy of the information on GameOn Software, we make no guarantees as to its correctness, completeness, or accuracy. GameOn Software may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to GameOn Software by third parties without our knowledge. If you believe that information found on GameOn Software is inaccurate or unauthorized, please inform us by contacting us at firstname.lastname@example.org.
You understand that all information, data, or other materials that you or another user provide in connection with GameOn Software or otherwise communicate to us ("User-Provided Content"), including, but not limited to, text chat communications, are the sole responsibility of the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with GameOn Software. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using GameOn Software, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with GameOn Software.
By submitting any User-Provided Content to GameOn, you represent and warrant that:
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• you are at least 13 years old;
All User-Provided Content that you submit may be used at GameOn's sole discretion. GameOn reserves the right to change, condense, delete, or refuse to post any User-Provided Content on GameOn Software in its sole discretion. GameOn does not guarantee that you will have any recourse through GameOn to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of GameOn, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
Digital Millennium Copyright Act
A. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
5. If a counter-notice is received by the Copyright Agent, GameOn may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GameOn's sole discretion.
In accordance with the DMCA, GameOn has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
555 Clay Street
San Francisco, CA 94111
Your Grant of Limited License
Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
2. If you connect to GameOn Software with one of the above-mentioned messaging applications or any other service, you give us permission to access and use your information as permitted by that service.
Regardless of whether you have chosen to opt out of certain marketing offers from GameOn, by using GameOn Software you agree that we may market our services and the services of other companies on GameOn Software through the use of sponsored content, "hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of GameOn, and may be provided by companies not affiliated with GameOn. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. GameOn does not legally endorse or guarantee products or services provided by non-affiliated companies.
Some GameOn services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the GameOn services, queries made through GameOn services or other information. The manner, mode and extent of advertising by GameOn on its services are subject to change. As consideration for your use of GameOn services, you agree that GameOn may place such advertising and that GameOn shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on GameOn services or your subsequent dealings with advertisers.
Disclaimer of Warranties
GAMEON SOFTWARE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GAMEON SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. GAMEON SOFTWARE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GAMEON SOFTWARE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GAMEON SOFTWARE ARE ACCURATE, RELIABLE, OR CORRECT; THAT GAMEON SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT GAMEON SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF GAMEON SOFTWARE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
GameOn reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to GameOn Software, or any portion of GameOn Software, for any reason; (2) to modify or change GameOn Software, or any portion of GameOn Software, and any applicable policies or terms; and (3) to interrupt the operation of GameOn Software, or any portion of GameOn Software, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, GAMEON SOFTWARE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR GAMEON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR GAMEON WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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 SUCH CASES, GAMEON'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
GameOn may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of GameOn Software, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GameOn's rights or property, or the rights or property of visitors to or users of GameOn Software. GameOn reserves the right at all times to disclose any information that GameOn deems necessary to comply with any applicable law, regulation, legal process or governmental request. GameOn also may disclose your information when GameOn determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with GameOn outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on GameOn Software (such as advertising or payments).
Void Where Prohibited
GameOn administers and operates GameOn Software from its location in San Francisco, CA USA. Although GameOn Software is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on GameOn Software are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. GameOn reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on GameOn Software is void where prohibited. If you choose to access GameOn Software from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
1. This agreement makes up the entire agreement between the parties regarding GameOn, and supersedes any prior agreements.
3. You will not transfer any of your rights or obligations under this agreement to anyone else without our consent.
4. All of our rights and obligations under this agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5. Nothing in this agreement shall prevent us from complying with the law.
6. This agreement does not confer any third party beneficiary rights.
7. We reserve all rights not expressly granted to you.
8. You will comply with all applicable laws when using or accessing GameOn.