LAST UPDATED: January 4, 2013
IMPORTANT: BE SURE TO READ CAREFULLY—USE MEANS ACCEPTANCE!!
1. Acceptance & Eligibility
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.
(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").
(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
(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.
7. Trade Marks
8. Third Party Content and Services
(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
(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
(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;
- 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.
(d) Reporting. We encourage our users to report any suspected misconduct or misuse of our Services by sending us an email at firstname.lastname@example.org.
11. Content Removal & Termination
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
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.
(a) With Other Users. You are solely responsible for your interactions with other users.
© Gameview Studios, LLC. All Rights Reserved.