I. Terms of Service
A. Welcome to GameAlmighty.com (the “Site”) and it’s host of services (the “Services”). Game Almighty, LLC is a Delaware limited liability company and is a wholly owned subsidiary of Entertainment Almighty LLC, also a Delaware limited liability company.
B. Game Almighty provides its service to you, subject to the following terms of this user agreement (“the Agreement” or “User Agreement”), which may be updated by us from time to time without notice to you. This is an agreement between you (the “User”, “Visitor” or “You”) and Game Almighty, LLC and its parent company, Entertainment Almighty, LLC (jointly referred to herein as “Game Almighty”). This Agreement is always posted on our website: www.gamealmighty.com. In addition, you and Game Almighty will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Submission Rules) are hereby incorporated by reference into this User Agreement as if set forth here in full.
C. When you complete the member registration process, you agree to this Agreement. Your continued use of our Services signifies your binding acceptance of this Agreement and any changes to it. If any part of this Agreement or any future changes to it are not acceptable to you, you may cancel your membership at any time by clicking the appropriate selection at the registration page and you may unsubscribe from our mailing lists by clicking the "unsubscribe" link at the bottom of the email.
2. DESCRIPTION OF SERVICE
You understand and agree that our website may include advertisements and that these advertisements are necessary for Game Almighty to provide you with this Site and its offerings. Unless explicitly stated otherwise, any new features that augment or enhance the current Game Almighty website, including the release of new Game Almighty properties, shall be subject to the User Agreement. You understand and agree that our website is provided "AS-IS" and that Game Almighty assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our website and that access may involve third party fees (such as Internet service providers or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access our website.
Please be aware that our website and services are not directed to children under the age of 13. Game Almighty has created or may create certain areas in our Site that contain adult or mature content. You must be of designated ages to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of our website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our website's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Game Almighty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Game Almighty has the right to suspend or terminate your account and refuse any and all current or future use of our website (or any portion thereof).
4. SUBSCRIPTIONS AND LINKS
Game Almighty provides you with opportunities to subscribe to, link to, or otherwise use, sites and services offered through our third-party service providers. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our users. Such third-party subscribed to, or linked to sites are not under our control and Game Almighty is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, subscriptions to, or links to, a third-party site or service does not constitute an endorsement. By selecting these third-party offers, you will be subject to terms posted by these third-parties.
5. ABOUT OUR SERVICES
A. Our Services. Some Services offered on Game Almighty are presently provided free of charge. It is possible that this could change in the future.
B. Service Limitations. We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that Game Almighty and its Services, including the websites and services of our third-party service providers, are provided "AS IS." Game Almighty and its Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
C. Service Changes and Discontinuation. Game Almighty reserves the right to change or discontinue, temporarily or permanently, any portion or all of our Site and Services at any time without notice. You agree that Game Almighty will not be liable to you or any third party for any modification or discontinuance of its Sites and Services.
D. Privacy Policy. Game Almighty respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement by this reference as if set forth here in full. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.
6. RULES OF USE
You agree to the following Rules of Use. Any conduct that is judged by Game Almighty, in our sole and unfettered discretion, to violate the Rules of Use is grounds for immediate termination of your account.
A. Provide Accurate Information. You agree to provide true, accurate, current and complete information as needed about yourself as requested in our Registration Forms. You agree to update your Registration Information to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify Game Almighty immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify Game Almighty of any problem.
C. Obey the Law. You agree not to use our website or our services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.
D. Content Restrictions. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of the Game Almighty Site and Services are protected by United States and international Copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photo, graphics, audio and/or video materials or any other form of proprietary content found on our Site and our Services is strictly prohibited without the prior written permission of Game Almighty. Content that is publicly available on the Game Almighty Sites and Services may not be stored in a computer, except for personal and non-commercial use.
E. Limits on Uses of User Information. By using the Game Almighty Sites or Services, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's information (whether specific to any particular user or as an aggregation) accessible through this web site, including but not limited to any Commercial Purpose. "Commercial purposes" can include, but are not limited to, selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to Game Almighty users. Game Almighty reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Sites or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites or Services, including any Game Almighty account not owned by you, to its source, or exploit the Sites or Services 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 the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of our Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to Game Almighty on or through our Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
F. Member Conduct. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Game Almighty, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via our website. Game Almighty does not control the Content posted via our website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using our website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Game Almighty be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our website.
You agree to not use our website to:
1.) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.) harm minors in any way;
3.) impersonate any person or entity, including, but not limited to, a Game Almighty official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our website;
5.) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7.) 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, except in those areas (such as shopping rooms) that are designated for such purpose;
8.) 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;
9.) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of our website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10.) interfere with or disrupt our website or servers or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;
11.) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12.) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13.) "stalk" or otherwise harass another; and/or
14.) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs1. through14. above.
You acknowledge that Game Almighty may or may not pre-screen Content, but that Game Almighty and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via our website. Without limiting the foregoing, Game Almighty and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Game Almighty or submitted to Game Almighty, including without limitation information in Game Almighty Forums, Message Boards, “My Base” pages, or User Submitted sections, and in all other parts of our website.
You acknowledge, consent and agree that Game Almighty may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Game Almighty, its users and the public.
You understand that the technical processing and transmission of our website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that our website and software embodied within our website may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Game Almighty and/or content providers who provide content to our website. You may not attempt to override or circumvent any of the usage rules embedded into our website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on our website, in whole or in part, is strictly prohibited.
G. Special Admonitions For International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
H. Content Submitted or Made Available For Inclusion On Our Website. Game Almighty does not claim ownership of Content you submit or make available for inclusion on our website. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of our website, you grant Game Almighty the following world-wide, royalty free and non-exclusive license(s), as applicable:
1.) With respect to Content you submit or make available for inclusion on publicly accessible areas of Game Almighty, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on our website solely for the purposes of providing and promoting the Site or section of the Site to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on our website and will terminate at the time you remove or Game Almighty removes such Content from our website.
2.) With respect to photo, graphics, audio or video you submit or make available for inclusion on publicly accessible area of our website, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on our website solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on our website and will terminate at the time you remove or Game Almighty removes such Content from our website.
3.) With respect to Content other than photo, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of our website, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of our website are those areas of the Game Almighty Sites or Services that are intended by Game Almighty to be available to the general public.
I. Consolidated Sites. Game Almighty users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your Game Almighty accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. Game Almighty is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data.
7. RIGHTS YOU GRANT TO THE GAME ALMIGHTY SITES
A. Distributing Content You Produce. Subject to the Game Almighty Privacy Policy, you are licensing to Game Almighty all "User Content" you provide through or to Game Almighty Sites and Services. User submitted content includes but is not limited to: letters or emails; cheat codes; forum posts, bulletin board posts; reader reviews, articles, graphics, videos; ratings, comments, data, notes and testimonials; and poll votes (collectively, “User Content”). Game Almighty Sites and Services may modify, display, distribute and create new material using such User Content on Game Almighty Sites and Services for the promotion and marketing of our services and the operation of our system. By submitting User Content, you automatically agree, or promise that the owner of such User Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Game Almighty Sites and Services and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the User Content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. When you submit a game FAQ, text guide, walkthrough or image, it is considered your original and copyrighted work and you are licensing the content to Game Almighty for publication. We may modify the format and display of the work, but not the User Content. It may be distributed across Game Almighty Sites and Services for promotion and marketing of our services and operation of our system.
B. Game Almighty Advertising. The Game Almighty Sites and Services rely on advertisers to help fund our websites that we offer to our members. In order to continue our service, you agree that the Game Almighty Sites and Services may display advertisements and promotions of all kinds in and with our websites.
C. Account Access. You agree that Game Almighty employees may have access to your account and records as reasonably needed to investigate complaints.
D. Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Entertainment Almighty, LLC and/or Game Almighty, LLC, Game Almighty may transfer your Personally Identifiable Information and User Content and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.
8. MISCELLANEOUS
A. Disclaimer of Warranties. You expressly understand and agree that:
1.) Your use of our website is at your sole risk. Our website is provided on an "AS IS" and "AS AVAILABLE" basis. Game Almighty and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2.) Game Almighty makes no warranty that (i) Its’ Services will meet your requirements, (ii) its’ Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of our website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through our website will meet your expectations, and (v) any errors in the software will be corrected.
3.) Any material downloaded or other materials obtained through the use of our website is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Game Almighty Sites and Services, our third party service providers, or through or from our website will create any warranty not expressly stated in the Agreement.
4.) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
B. No Endorsement of User Content. You acknowledge and agree that Game Almighty does not endorse the content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Game Almighty does not pre-screen any User Content, but that Game Almighty and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is publicly available. User is defined as any person who visits Game Almighty Sites and receives information or uses our website.
C. Limitation of Liability. You agree that Game Almighty will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Game Almighty has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use our Site or our Services ; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from our website; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on our Site or our Services; or (v) Any other matter relating to our website or our services. If, notwithstanding the other provisions of this Agreement, Game Almighty is found to be liable to you for any damage or loss which arises out of our Site or Services is any way connected to your use of the Sites or Services, Game Almighty liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature paid in the six months prior to the date of the initial claim made against Game Almighty, or (ii) US$100.00.
D. Indemnification. You agree to protect and fully compensate Game Almighty Sites and our Services and service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of our website, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E. Copyright Infringement. Game Almighty may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information, by emailing our administrative staff:
1.) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.) a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.) a description of where the material that you claim is infringing is located on the Site;
4.) your address, telephone number, and email address;
5.) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6.) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
F. Additional Terms.
1.) The Game Almighty Sites and Services provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for legal or financial advice from a professional. Consult with your professional for any specific legal or financial concern. The Game Almighty Sites and Services do not endorse any of the products or services discussed therein.
2.) Game Almighty rights under this Agreement may not be waived unless Game Almighty agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with Game Almighty’s prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
3.) All matters relating to your access to, or use of, our website shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and Game Almighty Sites and Services.
II. Subscription Terms of Service
1. PAYMENT OBLIGATION AND CREDIT CARD AUTHORIZATION
You are responsible for paying periodic subscription fees, if any. All listed fees are in U.S. dollars. At such time as Game Almighty provides various levels of membership, you agree that we are permitted to charge your credit card (or other approved facility) to pay for such level of membership or special services as you choose to subscribe to, plus any automatic renewals and any other charges you may incur in connection with your use of Game Almighty.com. Any such subscription to services will be billed at the beginning of your subscription and on each annual or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below.
2. RENEWAL AND CANCELLATION OF YOUR SUBSCRIPTION
A. You give permission for us to automatically renew any service you have subscribed to and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by emailing our administration offices as directed in the “contact us” section of the website. We will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable. Only in cases of demonstrated fraud will these payments be refunded. Many of our services are subscription based. You acknowledge that canceling your subscription will not immediately terminate access to the Subscription Services. Your subscription will remain open until the paid period expires. You further acknowledge that we will not refund the remaining portion of your subscription. You acknowledge and agree that the authorization to charge your credit card for Services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order Services online.
B. Payment must be made by a major credit card accepted by Game Almighty, check, or money order (U.S. dollars only). If we do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with our website, and you must refer to that agreement and not this Subscription Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT GAME ALMIGHTY, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
C. GAME ALMIGHTY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY GAME ALMIGHTY, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT GAME ALMIGHTY. GAME ALMIGHTY MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your Subscription Service by emailing our administration office as directed in the “contact us” section of the website. Again, canceling will not immediately terminate access to your account and Game Almighty will not refund the remaining portion of your subscription. The subscription will remain open until the paid period expires YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. GAME ALMIGHTY IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING BY EMAIL, FAX, OR LETTER OR ON THE WEB SITE. YOU AGREE AND ACKNOWLEDGE THAT GAME ALMIGHTY SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT REMAIN UNADDRESSED PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
D. There shall be no refunds, except in demonstrated cases of credit card fraud or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund Game Almighty incurs certain administrative costs, and that the fees below are a fair and accurate assessment of those costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a restocking fee as follows: a) Subscriptions: $5 per charge refunded; and b) Digital Retail: 10% of the purchase price
3. TERMINATION OF YOUR SUBSCRIPTION
You may terminate your subscription or membership at any time. When you terminate your account, it will not be automatically renewed and access will be terminated immediately, without refund. You acknowledge that Game Almighty, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the website for any reason, including, without limitation, if Game Almighty believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any Game Almighty User Agreements. Game Almighty may also, in its sole discretion, at any time discontinue providing our website, or any part thereof, with or without notice. You agree that any termination of your access to our website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Game Almighty may immediately deactivate or delete your account and/or bar any further access to our website. Further, you agree that Game Almighty shall not be liable to you or any third-party for any termination of your access to our website. YOU AGREE AND ACKNOWLEDGE THAT GAME ALMIGHTY SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. SUBSCRIBER INFORMATION
You agree to provide true, accurate, current and complete information about yourself as prompted by our website registration process. Once you subscribe to our website, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform Game Almighty of any of the following: changes in the expiration date of any credit card used in connection with our website; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Game Almighty is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.
5. ACCESS
You are responsible for providing all personal computer and communications equipment necessary to gain access to our website. Access to and use of premium services is through a combination of an ID and a password. You must keep your password strictly confidential. Game Almighty will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to our website is a breach of this Agreement and a violation of law.
6. WARRANTY
No warranty is made by Game Almighty regarding any information, services, or products provided through or in connection with our services, and Game Almighty hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.
7. LIMITATIONS OF LIABILITY
YOU HEREBY AGREE THAT GAME ALMIGHTY WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND OUR WEBSITE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
8. USE RESTRICTION
The material on Game Almighty Sites is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. Game Almighty spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from Game Almighty Sites or Services, without express written permission from Game Almighty. You agree that if you do so, Game Almighty reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
9. MODIFICATIONS
This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on our website. Your continued use of our website constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of our website at any time, including availability of any Service feature, database or content, without prior notice or liability. YOU AGREE AND ACKNOWLEDGE THAT GAME ALMIGHTYSHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
10. NOTICES
Notices by Game Almighty to subscribers may be given by means of electronic messages or by a general posting on the
Sites or Services.
11. THE AGREEMENT
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Orange County, California, U.S.A. in all disputes arising out of or relating to our Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use our website in any manner contrary to local, state or federal law. Game Almighty expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Game Almighty with respect to our website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Game Almighty with respect to our website. A printed version of 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.
12. COMMUNITIES
A. When you register or use our forums or our “My Base” section, or provide any material to our website you agree to only post information and send and receive messages and material that are proper and related to our website, the particular forum, or the “My Base” section. By way of example, and not as a limitation, you agree that when using a forum, message board, or journal, and when contributing articles, graphics, videos, comments, or any other content, you will not:
1.) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2.) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3.) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4.) Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5.) Advertise or offer to sell any goods or services for any commercial purpose.
6.) Conduct or forward surveys, contests, pyramid schemes or chain letters.
7.) Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8.) Restrict or inhibit any other user from using and enjoying the message boards.
9.) 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.
B. Message Board/User Page termination. Game Almighty and its affiliates reserve the right to terminate your access without refund to our Site or any or all of the Forums, Boards, “Your Passion” sections, “Your Input” sections, “My Base” sections, or other pages of the Sites and Services containing User submitted material (all of which is jointly referred to herein as the “User Contribution Sections”) at any time without notice for any reason whatsoever.
C. Monitoring. Game Almighty and its affiliates have no obligation to monitor the User Contribution Sections or the content posted on any User Page. However, Game Almighty and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Game Almighty 's or any of its affiliates' sole discretion.
D. Usage. The User Contribution Sections are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on User Contribution Sections of the Site. Always use caution when giving out any personally identifying information about yourself in any of the User Contribution Sections. The information, content and pictures posted by you on User Contribution Sections is done so at your own risk. Game Almighty is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. Game Almighty and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, Game Almighty and its affiliates specifically disclaim any liability with regard to any of the User Contribution Sections, and any actions resulting from your participation or the participation of others on any User Contribution Sections. Board managers and hosts are not authorized spokespersons of Game Almighty or any of its affiliates, and their views do not necessarily reflect those of Game Almighty and its affiliates. They do, however, set standards on their own forums.
By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through Game Almighty, or any of its User Contribution Sections, you are granting Game Almighty and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer the same, without compensation to you.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction, without compensation to you.
13. DOWNLOADS
Any material or third party software downloaded through or for the use of our websites is done at your own discretion and risk, and Game Almighty will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Game Almighty Sites and Services or our third party service providers will create any warranty not expressly stated. Game Almighty makes no representation or warranty that (i) our websites will meet your requirements, (ii) our websites will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of our websites will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through our websites will meet your expectations, and (vi) any errors in Game Almighty or third party software will be corrected.
No material will be sent to you via email or postal service. Our service is provided online only and failure to obtain your download will not be exchanged for tangible goods or sent via email.
III. Miscellaneous Matters
You agree that Game Almighty may, under certain circumstances and without prior notice, immediately terminate your Game Almighty account, and access to our website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to our website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with our websites. Termination of your Game Almighty account includes (a) removal of access to all offerings within our website, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of our website. Further, you agree that all terminations for cause shall be made in Game Almighty's sole discretion and that Game Almighty shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to our website.
2. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or sellers of goods and services found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or seller of goods or services. You agree that Game Almighty shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sellers of goods and services on our website.
3. LINKS
Our website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Game Almighty has no control over such sites and resources, you acknowledge and agree that Game Almighty is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other goods, services or materials on or available from such sites or resources. You further acknowledge and agree that Game Almighty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
4. GAME ALMIGHTY'S PROPRIETARY RIGHTS
You acknowledge and agree that our website and any necessary software used in connection with our website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through our website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Game Almighty or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our website or the Software, in whole or in part.
Game Almighty grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to our website. You agree not to access our website by any means other than through the interface that is provided by Game Almighty for use in accessing our website.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAME ALMIGHTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. GAME ALMIGHTY MAKES NO WARRANTY THAT (i) OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAME ALMIGHTY OR THROUGH OR FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING OUR WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING OUR WEBSITE. IMMEDIATELY DISCONTINUE USE OF OUR WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR WEBSITE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAME ALMIGHTY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAME ALMIGHTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (v) ANY OTHER MATTER RELATING TO OUR WEBSITE.
7. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
8. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from our website concerning companies, stock quotes, investments or securities, please read the above Sections 5. and 6. again. We are provided this, and other data for informational purposes only, and no Content included in our website is intended for trading or investing purposes. Game Almighty and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our website, and shall not be responsible or liable for any trading or investment decisions made based on such information.
9. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to this Agreement.
10. NOTICE
Game Almighty may provide you with notices, including those regarding changes to the User Agreement, by either
email, regular mail, or postings on our website.
11. TRADEMARK INFORMATION
The name “Game Almighty”, the Game Almighty logo, the name “Entertainment Almighty”, the Entertainment Almighty logo, the name “Captain Almighty”, the Captain Almighty character and artwork, the name “Eternity”, the Eternity character and artwork, and the name “Game Almighty” and “Entertainment Almighty” in all foreign languages and alphabets, trademarks and service marks and other Game Almighty and Entertainment Almighty logos, product and service names are trademarks of Game Almighty and/or Entertainment Almighty (jointly referred to as the "Game Almighty Marks"). Without Game Almighty's prior permission, you agree not to display or use in any manner, the Game Almighty Marks.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Game Almighty may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Game Almighty's us with the following information:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the site;
D. your address, telephone number, and email address;
E. 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;
F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
13. GENERAL INFORMATION
A. Entire Agreement. The terms of this agreement constitutes the entire agreement between you and Game Almighty and governs your use of our Sites and Services, superseding any prior agreements between you and Game Almighty with respect to our Sites and Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Game Almighty services, affiliate services, or third-party content, products or services.
B. Choice of Law and Forum. The User Agreement and the relationship between you and Game Almighty shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Game Almighty agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California.
C. Waiver and Severability of Terms. The failure of Game Almighty to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement 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' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
D. No Right of Survivorship and Non-Transferability. You agree that your Game Almighty account is non-transferable and any rights to your Game Almighty I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
E. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Section Titles. The section titles in the User Agreement are for convenience only and have no legal or contractual effect.
14. VIOLATIONS
Please report any violations of the User Agreement to our administration group.
IV. Questions & Suggestions
If you have questions or suggestions, please contact us at: administration@gamealmighty.com
Updated: September 27, 2006
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Copyright © 2006 Game Almighty, LLC. All rights reserved.
