You agree that you do not have any rights in this Site and that GameSmart will have no liability to you if this Site is modified, discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site and your Account.
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of GameSmart and its licensors and is protected in the United States and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by GameSmart subject to license, or subject to the fair use provisions of United States copyright and trademark law.
You agree not to display or use any Content or third party content located on the Site (excepting where authorized by GameSmart) in any publications, in public performances and for any commercial purpose, in connection with products or services that are not those of GameSmart, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GameSmart and/or its licensors, that dilutes the strength of GameSmart’s or its licensor’s property, or that otherwise infringes GameSmart’s or its licensor’s intellectual property rights. You further agree that you will not misuse any Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark rights have been violated, please contact our Proprietary Rights division by email at email@example.com.
On certain areas of our Site you will be allowed to create an Account and through that Account or otherwise you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of online games) and other materials and content ("User Content"). Your posting of User Content is subject to these Terms and our current Posting Rules ("Posting Rules"). Users found in violation of these Posting Rules or the Terms may have their Accounts terminated or may have their access to the Site restricted.
No Illegal, Infringing or Abusive Message Content or Conduct: You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to GameSmart about other users.
No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of GameSmart. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
No Commercial Use: This Site is intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that unless specifically permitted by GameSmart, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. You may not submit "adver-games," i.e., games that advertise a specific product or service, without prior approval from the GameSmart Compliance department (“Compliance”) and that you agree to the Game Uploading Agreement and provided that the User Content otherwise conforms to these Posting Rules and Terms.
No Viruses, Corrupting Files, Interference, or Cheat Software: You agree that you will not post any software, files or links to other sites except as may be specifically permitted by GameSmart, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree that you will not use or distribute any cheat utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this Site or elsewhere, nor will you use robots, spiders, or other means to cheat in online games at the Site or otherwise engage in fraudulent activity such as "click fraud."
Account Information: You may not share or transfer your Account or your Account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
Responsibility of Postings: You understand and acknowledge that User Content is solely your responsibility, and that GameSmart is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of GameSmart, and GameSmart does not endorse and has no control over User Content.
No Monitoring/Violation Notices:
GameSmart makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
Please direct violations of the Posting Rules or Terms to Compliance.
Account Termination/No Ownership of Account: You understand and agree that you have no ownership rights in your Account. GameSmart may cancel your Account and delete all User Content associated with your Account at any time without notice. GameSmart assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
No Confidentiality: The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to GameSmart may be used by GameSmart anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License, below.
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein ("User Content License"). GameSmart may delete any User Content that in the sole judgment of GameSmart violates these Terms or the Posting Rules.
Scope of License: By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to GameSmart a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content.
Representations: You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
You agree to indemnify and hold GameSmart, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.
GameSmart, its affiliates, consultants, resellers, distributors and vendors (collectively, the 'Gamesmart parties') makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. GameSmart makes no representations regarding the duration that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING GROSS NEGLIGENCE, SHALL GAMESMART BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL GAMESMART BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GAMESMART’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL GAMESMART’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00).
Both you and GameSmart acknowledge and agree that no partnership, joint venture or other business structure is formed by this End User License Agreement and neither you nor GameSmart has the power or the authority to obligate or bind the other.
This End User License Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Any controversy under this End User License Agreement shall be litigated in the courts of the State of Minnesota.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The terms contained herein constitute a binding agreement between you and GameSmart, and is accepted by you upon your use of the Site or your Account.
The terms contained herein constitute the entire agreement between you and GameSmart regarding the use of the Site and your Account.