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Terms of Use

LAST UPDATED: January 4, 2013

 Gameview Studios, LLC Terms of Use

IMPORTANT: BE SURE TO READ CAREFULLY—USE MEANS ACCEPTANCE!!

INTRODUCTION

Welcome! Thank you for your interest in our games, websites, and other Internet presences (the "Services").  Please read this Terms of Use document (“Terms of Use”) carefully because it is legally binding and governs your access to and use of our Services, Gameview Content, and User Content. In these Terms of Use "Gameview", "we", "us", or "our" means Gameview Studios, LLC, and all of its subsidiaries.

1. Acceptance & Eligibility

You must be at least 13 to access and use our Services.  By clicking on the "I Agree" button (where applicable), or by accessing or using our Services or by downloading or posting any content through our Services, you are warranting that you are 13 or older and agreeing that you will comply with these Terms of Use. If you do not agree or are not in compliance with these Terms of Use, you may not access or use our Services.

2. Your Use of Mobile Devices

When you use a mobile device (“Device”) to access or use our Services, airtime, data, messaging, and other charges from the provider of your Device may apply.  It is your responsibility to determine what costs apply to your access to and use of our Services on your Device, and to pay those costs.  In addition, it is your responsibility to determine whether your Device is compatible with our Services. We do not make any representations, warranties, or guarantees that our Services will be compatible with your Device.

3. Availability

We reserve the right to charge a fee for access to and use of our Services or any portion of our Services.  If we do so, those terms will be made available here by these Terms of Use; if any changes are unacceptable to you or cause you to be no longer in compliance with these Terms of Use, you must immediately stop using those Services. If these Terms of Use are terminated for any reason or in the event of any breach of these Terms of Use, you shall forfeit your right to any and all payments you may have made for access to and use of our Services. You agree that you will not be entitled to any refund for any amounts paid in connection with access to and use of our Services prior to termination or breach of these Terms of Use.

4. License

(a) Terms of License. Except for third party materials and user-generated materials, all content available through our Services, including text, photographs, images, graphics, designs, audio, video, applications, items, software, and files ("Gameview Content") is proprietary of Gameview and its licensors. Gameview hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce and display Gameview Content on your Device solely for your personal, non-commercial, and entertainment use, subject to the terms and conditions of these Terms of Use. Except as provided in the preceding sentence, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell Gameview Content or any portion thereof. Any unauthorized use of Gameview Content may violate copyright, trademark, patent, trade secret, or other applicable laws and regulations and will result in the termination of this license. Except only as expressly set forth in these Terms of Use, these Terms of Use do not grant to you any license to any intellectual property rights or other proprietary rights.

(b) No Sale. You agree that Gameview Content is at all times licensed and not sold.

5. Virtual Items and Virtual Currency

(a) Gameview Ownership. Gameview owns, has licensed, or otherwise has the rights to use all Gameview Content appearing or originating in our Services, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency").

(b) License Only. Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in our Services, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in our Services by these Terms of Use or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.

(c) Types & Prices. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.

(d) Permitted Trades. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where and to the extent the option is made available you can exchange, within our Services, those Virtual Items and Virtual Currency that cannot be purchased with "real world" money ("Tradable Items") for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange or transfer of any kind is strictly prohibited. You may also give Tradable Items as gifts or presents (i.e., for no consideration) to other users of our Services where and to the extent that option is made available in our Services.

(e) No Redemption. Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from us, any of our affiliates, or any other person.

6. Orders, Payments, and Taxes

(a) Approval. You agree that if you are under the age of 18 or whatever is the age of legal majority where you access our Services, you may make payments only with the approval of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms of Use.

(b) Purchases Final. You may purchase, with "real world" money, limited licenses to use Virtual Items and Virtual Currency, and you agree that all such purchases are final. If you order Virtual Items or Virtual Currency from Gameview that becomes unavailable before it can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.

(c) Cooling Off. Your orders for limited licenses to Virtual Items and Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted will be immediately downloaded to you. You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. If you reside in the European Union and you purchase Virtual Items or Virtual Currency from us, you have the right to withdraw from such purchases within 7 working days of the date of purchase ("Cooling Off Period"); however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly consent to and understand that if you order Virtual Items or Virtual Currency, your right of withdrawal is lost upon acceptance as performance begins immediately on acceptance.

(d) Taxes. You understand and agree that there are no refunds for any purchases except only as expressly stated in these Terms of Use.  You agree that you are responsible for bearing any and all taxes applicable to your transactions in respect of Virtual Items or Virtual Currency.

7. Trade Marks

All names, marks, logos, graphics, designs, web/page designs, and icons of Gameview used in association with our Services are unregistered or registered trade marks, service marks or trade dress of Gameview ("Gameview Marks").  You may not use the Gameview Marks other than in connection with your exercise of the license granted to you under these Terms of Use.

8. Third Party Content and Services

(a) Content. Our Services may contain links to third party websites, and content (including without limitation text, photographs, images, graphics, designs, audio, video, applications, software, and files) owned by, or originating from, third parties, including websites linked to, and content provided by, users of our Services.  Gameview is not responsible for the accuracy, appropriateness, or completeness of, or the opinions expressed or views espoused on or in, such websites or content and Gameview does not necessarily monitor or investigate such websites or content or verify the accuracy, appropriateness, or completeness of such websites or content.  Gameview's inclusion of any linked website or third party content in connection with our Services does not imply approval or endorsement of such website or content by Gameview.  If you follow a link to a third party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and Gameview's Privacy Policy and other policies and practices do not apply to your use or access of such a website or content. 

(b) Advertising. Gameview takes no responsibility for third party advertisements or third party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third party advertisements through our Services, nor do we take any responsibility for goods or services provided by advertisers. Gameview is not responsible for the conduct, whether online or offline, of any user of our Services.  Reference to any products, services, content or other information, whether by trade name, trade mark, service mark, manufacturer, supplier or otherwise does not imply sponsorship, endorsement, or recommendation by Gameview or any affiliation with Gameview.

9. User-Generated Content

(a) Your Responsibility. You are solely responsible for all text, photographs, images, graphics, designs, audio, video, applications, software, files, user profiles, messages, and other content (collectively, "User Content") that you post to, or transmit through, our Services or that you share with other users, and for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with these Terms of Use.

(b) Ownership and License - How We May Use Your Content. Subject to the following license between you and Gameview, you retain ownership of all of your rights in User Content. By posting User Content to, storing User Content at, or transmitting User Content through our Services, you (i) authorize Gameview to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Content in connection with our Services; and (ii) grant to Gameview a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial), including without limitation use in connection with our Services. You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to its future usage upon our removal of the User Content; provided that Gameview may retain archived copies of your User Content for so long as is necessary for administrative purposes, and, if Gameview has used your User Content prior to removal, Gameview may continue to use your User Content in any manner Gameview previously had used such content.  (For example, if your User Content was included in an advertisement, Gameview may continue to use such advertisement). 

(c) No Liability for User Content. Gameview has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content posted on or through our Services and User Content does not necessarily reflect the opinions, positions, or policies of Gameview. Although Gameview provides rules and principles for user conduct and postings, Gameview does not control, and has no liability to you for, what users post, transmit, or share to or through our Services and Gameview has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access on or through our Services, including in connection with any User Content.

10. User Conduct

(a) Interactions between Users. You are solely responsible for your interactions (including any disputes) with other users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a user offline, or in person. Your use of our Services, Gameview Content, User Content, and any other content made available through our Services is at your sole risk and discretion and Gameview hereby disclaims any and all liability to you or any third party relating thereto. Gameview reserves the right to contact users of our Services, in compliance with applicable law, in order to evaluate compliance with these Terms of Use. You will cooperate fully with Gameview to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting authorized Gameview representatives access to any password-protected portions of any account you may have in connection with our Services.

(b) General Prohibitions. You agree not to do any of the following while using our Services:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
    • infringes, misappropriates, or violates a third party's intellectual property rights, or rights of publicity or privacy;
    • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • is fraudulent, false, misleading, or deceptive;
    • is considered by Gameview as defamatory, obscene, pornographic, vulgar, offensive, or otherwise objectionable;
    • promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
    • is violent or threatening or promotes violence or actions that are threatening to any other person; or
    • promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame, or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, Gameview's name, any Gameview or Gameview licensor's trademark, logo, or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Gameview's express written consent;
  • Access, tamper with, or use non-public areas of our Services, Gameview's computer systems, or the technical delivery systems of Gameview's providers;
  • Attempt to probe, scan, or test the vulnerability of any Gameview system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gameview or any of Gameview's providers or any other third party (including another user) to protect our Services or Gameview Content;
  • Attempt to access or search our Services or Gameview Content, or download Gameview Content from our Services, through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Gameview or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Gameview or Gameview licensor's trade mark, logo URL, or product name without Gameview 's express written consent;
  • Use our Services or Gameview Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or Gameview Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide our Services or Gameview Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services;
  • Collect or store any personal information from our Services, or from other users of our Services, without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation;
  • Encourage or enable any other individual to do any of the foregoing;
  • Post User Content or take any action that infringes or violates the rights of another user of our Services:
  • Bully, harass, or intimidate any user of our Services;
  • Solicit user login credentials from another user or collect User Content or otherwise access our Services by automated means including but not limited to, bots, robots, spiders;
  • Create an account on our Services for anyone other than yourself;
  • Use your profile for personal commercial gain;
  • Use cheats, exploits, hacks, bots, mods, or third party software designed to gain an advantage, perceived or actual, over other users, or modify, or interfere with our Services;
  • Abuse or exploit a bug, glitch, or mechanism in our Services; or
  • Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation.

Gameview will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Gameview may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

(c) Right to Monitor. You acknowledge that Gameview has no obligation to monitor or record your access to or use of our Services, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content.

(d) Reporting. We encourage our users to report any suspected misconduct or misuse of our Services by sending us an email at support@gameviewstudios.com.

11. Content Removal & Termination

Gameview reserves the right, in its sole discretion, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any of your User Content, or to deny, restrict, suspend, discontinue, or terminate access to our Services or any portion of our Services, at any time with or without prior notice or explanation, for any or no reason, and without any liability to you, including where Gameview determines or believes, in its sole discretion, that you have violated these Terms of Use or to protect our Services from perceived harm.

12. Privacy

The privacy of users is important to Gameview. Gameview's Privacy Policy, which is incorporated into these Terms of Use by reference, is available here. In this connection, you agree that by accessing the Service you consent to have your personal data transferred to, and processed in, Japan, the United States, and other countries and territories.

13. Policy on Infringing Use

(a) Policy Statement. Gameview respects the intellectual property rights of others and expects its users to behave likewise.  Accordingly, you may not upload, post, send or transmit to or through our Services any materials that violate third party intellectual property rights.  Further, in accordance with Gameview’s repeat infringer policy expressed in our Copyright Infringement notice available here and incorporated herein by reference, it is a policy of Gameview to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users of our Services who are repeat infringers.  For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including Gameview’s right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services for users who infringe any intellectual property rights of ours or of any third party at any time, including users who are repeat infringers for the purposes of applicable law.

(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify Gameview's designated copyright agent for receiving claims of copyright infringement as follows:

ATTN: COPYRIGHT AGENT

Gameview Studios, LLC, 800 West El Camino Real, Suite 240
Mountain View, California 94040 United States

Email: copyright@gameviewstudios.com

Please note, however, that as referred to in more detail in our Copyright Infringement notice available here and incorporated herein by reference, certain legal requirements and restrictions apply in respect of such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection. 

14. Disclaimers; No Warranties

USE OF OUR SERVICES IS AT YOUR SOLE RISK.  OUR SERVICES, INCLUDING ANY CONTENT, SERVICES, APPLICATIONS, OR MATERIALS PROVIDED THROUGH OUR SERVICES, ARE PROVIDED ON AN "AS IS" BASIS AND GAMEVIEW HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

GAMEVIEW MAKES NO WARRANTY THAT OUR SERVICES, GAMEVIEW CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GAMEVIEW MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR ACCESS TO OR USE OF OUR SERVICES.

15. Limitation of Liability

IN NO EVENT WILL GAMEVIEW, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF OUR SERVICES, EVEN IF GAMEVIEW IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, GAMEVIEW'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS).  TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE GAMEVIEW'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OF ACCESS TO OR USE OF OUR SERVICES.

16. Disputes

(a) With Other Users. You are solely responsible for your interactions with other users. 

(b) Governing Law and Venue. Any dispute arising out of or in connection with these Terms of Use or our Services (“Dispute”) will be governed by the laws of the State of California without regard to its conflicts of law rules. The exclusive jurisdiction and venue for any Dispute will be the state and federal courts located in San Francisco, California, United States, and expressly you waive any objection to jurisdiction and venue in such courts.  

17. Indemnity

You agree to indemnify and hold harmless Gameview, its affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or related to (i) your use of our Services; (ii) your breach of these Terms of Use or our Privacy Policy; and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights.  The obligations set forth in this Section will survive any termination or expiration of these Terms of Use, our Privacy Policy, or your use of our Services.

18. Changes to Terms of Use

We reserve the right to change these Terms of Use at any time. If we change these Terms of Use in a material way, we will give notice of that on our website, in our games, and/or by email to any email address we may have for you at that time. Your continued access to or use of the Services after we have changed these Terms of Use will indicate your agreement to the updated Terms of Use. If you do not agree to any changes to these Terms of Use, the license grant to you under these Terms of Use will terminate and you must discontinue any use of the Services.

19. Miscellaneous

These Terms of Use constitute the entire agreement between you and Gameview regarding your use of our Services, and may be modified by Gameview as set forth above.  If any provision of these Terms of Use is determined to be invalid or unenforceable such provision will be deemed severed from these Terms of Use and the remaining provisions of these Terms of Use will not be affected thereby and will continue to be binding upon you and enforceable.  The headings used for the sections in these Terms of Use are for convenience and reference purposes only and will in no way affect the meaning or interpretation of these Terms of Use.  The failure of Gameview to insist upon strict performance of any of the provisions contained in these Terms of Use will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions set forth in these Terms of Use.  These Terms of Use and the license granted hereunder may not be transferred or assigned by you, and any such attempted transfer or assignment will be void and ineffective.  Gameview may freely assign these Terms of Use and our rights and obligations hereunder without restriction. We may provide notice to you through our Services, our website, by email, or by any other means of which you may inform us.

If you have any questions concerning our Services or these Terms of Use, please contact us at information@gameviewstudios.com.

© Gameview Studios, LLC. All Rights Reserved.

 
 
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