Terms of Service and Use

  

1. Terms of Service

If you use this website, you irrevocably agree to follow and be bound by Gamezebo Terms of Service agreement which may be changed at any time under the terms hereof.

If you do not agree with any of these Terms of Service, please do not use this website. By using this website, you will be deemed to have irrevocably agreed to these Terms of Service.

This statement covers all of the Gamezebo Sites affiliated with Gamezebo Inc. ("the “Gamezebo Sites") and any other features, content, or applications offered from time to time by us in connection with the Web Sites (collectively, the "Services"). For information about the way in which we use, process, and share personal information that we may obtain about you, please refer to our Privacy Policy. Gamezebo expressly excludes any representation or warranty, express or implied, with respect to the information available on the Gamezebo Sites. Gamezebo makes no representation about any third party website that may be accessed via links from the Gamezebo Sites.

2. Acceptance of Terms

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your usage of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Gamezebo Sites) or you are a "Member" (which means that you have registered with Gamezebo and obtained a “Membership”). The term "User" refers to a Visitor or a Member.

This Agreement relates to Gamezebo's policy for acceptable use of the Services, your rights, obligations and restrictions regarding your use of the Services and Gamezebo's Privacy Policy. You may receive a copy of this Agreement by emailing us at: privacy@gamezebo.com, Subject: Terms of Use Agreement.

Gamezebo may modify this Agreement from time to time and such modification shall be effective upon posting by Gamezebo on the Gamezebo Sites. If you are a Member, we will attempt to inform you of any modifications to this Agreement that affect (a) your obligations to Gamezebo or our obligations to you either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the Gamezebo Site. If you do not agree with any such modifications, your sole remedy is the termination of your Membership, which you may request by sending an email to privacy@gamezebo.com. Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement.

If you are a Visitor, any modifications to this Agreement will be effective as to you upon Gamezebo posting the new terms and/or upon implementation of the new changes on the Gamezebo Site. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Agreement.

3. Term & Termination

This Agreement shall remain in full force and effect while you use the Services either as a Visitor or as a Member. Gamezebo may terminate your Membership at any time, without warning. Gamezebo reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including but not limited to text, files, images, photos, videos, works of authorship) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. The rights and obligations set forth in Sections 7-21 of this Agreement shall survive termination or expiration of your Membership or this Agreement for any reason.

4. User Obligations

You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. If you do not agree with any of the terms in this Agreement, then do not use the Gamezebo Sites or the Services.

In order to access some features of the Gamezebo Sites, you will have to create an account and/or profile. Your Gamezebo profile may not include the following items: telephone numbers, street addresses, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Gamezebo members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Gamezebo assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Gamezebo by sending an email to abuse@gamezebo.com.

5. Eligibility

Usage of and Membership in the Services is void where prohibited. You must be at least 13 years of age to register for the Services. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 13 years of age; and (d) your use of the Services does not violate any applicable law or regulation. We do not knowingly collect any information from any Users under 13 years of age, and if it is found that an underage User has fraudulently registered or if we believe that you are under 13 years of age, your profile may be deleted and your Membership may be terminated without warning.

6. Member Account, Password, & Security

When you sign up as a Member, you will also be asked to choose a password. You are fully responsible for maintaining the confidentiality of your password and for all activities that occur under your password or account. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Gamezebo immediately of any unauthorized use of your password or account or any other breach of security. Gamezebo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6 of this Agreement.

7. Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

8. Use of the Services

The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Gamezebo. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Gamezebo Sites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

9. Content Posted by Members

  1. Except as set forth below, Gamezebo does not claim any ownership rights in the text, files, images, photos, works of authorship, or any other materials that Users post to the Services (collectively, "Content"). Except as set forth below, after displaying, publishing, or posting (collectively, “Posting”) Content to the Services, you continue to retain all ownership or licensed rights in your Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the Services, you hereby grant to Gamezebo a limited, non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content solely on and through the Services. This license will terminate at the time you remove your Content from the Services. However, Gamezebo shall not be responsible for any cached files that are collected by any third party that may continue to be accessible after the termination of this license.
  2. You represent and warrant that: (i) you own the Content that you post or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any Content posted by you to or through the Services.
  3. You acknowledge you are solely responsible for your Content, and any material or information that you transmit to other Members and for your interactions with other Users. Gamezebo does not endorse and has no control over any Content. Content is not necessarily reviewed by Gamezebo prior to posting and does not necessarily reflect the opinions or policies of Gamezebo. Gamezebo makes no warranties, express or implied, as to any Content or to the accuracy and reliability of the Content or any material or information that Users transmit to other Members.
  4. Gamezebo may delete any Content that in the sole judgment of Gamezebo violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. You acknowledge that Gamezebo may or may not pre-screen Content, but that Gamezebo shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Services, including Content that you submit. Gamezebo assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Gamezebo chooses, in its sole discretion, to monitor the Services, Gamezebo nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Nothing in this Agreement shall obligate Gamezebo to use any Content you or any other User submits or permit the posting of such Content on this The Gamezebo Sites.
  5. You acknowledge that Gamezebo may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of posted Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Gamezebo has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Gamezebo reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Gamezebo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  6. Except for Content posted by you and except as permitted by the limited license in Section 10 of this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or any other User’s Content appearing on or through the Services. However, you may send Content or a link through the use of an “email to a friend” (or similar) feature, as indicated.

10. Ownership of Intellectual Property

  1. Other than Content, all other content, text, images, data, information and other material that may be displayed, available, or present on the Gamezebo Sites via the Services including any intellectual property rights in such Content, such as rights in copyrights, trademarks, patents, and trade secrets (collectively, “Proprietary Content”), is the property of Gamezebo or its licensors. Gamezebo and/or its licensors, as applicable own and retain all rights in the Content, Proprietary Content and the Services.
  2. Gamezebo hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content and Proprietary Content (excluding any software code) solely for your personal use in connection with viewing the Gamezebo Sites and using the Services.
  3. Gamezebo further hereby grants you a limited, revocable, nonsublicensable license to reproduce and display selections of the Proprietary Content (e.g., selections not exceeding one article) on your website or third party websites (such as discussion forums or weblog posts) or in email, provided that you (1) may not exercise such license in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation, and (2) at all times credit Gamezebo as the source of the reproduced Proprietary Content and provide a hyperlink back to the specific URL of the Gamezebo Site from which the Proprietary Content originated. You are not permitted to reproduce Proprietary Content on any other website or in email if for any reason (including any third party technical or legal restrictions) you do not provide a link back to the specific URL of the Proprietary Content. For the avoidance of doubt, this license shall not include any right to attempt to reproduce material portions of the Gamezebo Site (including without limitation by “webscraping” or republishing of complete RSS or similar syndication feeds).

11. Linking

In the event that Gamezebo determines that your linking practices relating to the Gamezebo Sites are inappropriate, we may provide you with notice requesting removal or modification of any inappropriate link, and you agree to comply with any and all such requests.

12. Prohibited Content & Illegal Activities

Gamezebo reserves the right to investigate and take appropriate legal action against anyone who, in Gamezebo’ sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. “Prohibited content and illegal activities” include, but are not limited to Content or any User activity that, in the sole discretion of Gamezebo:

  1. Promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual.
  2. Exploits people in a sexual or violent manner.
  3. Harasses or advocates harassment of another person.
  4. Contains nudity, violence, or offensive subject matter.
  5. Solicits personal information from anyone under 18 years old.
  6. Promotes information that you are aware is a falsehood, is misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
  7. Promotes an illegal or unauthorized copy of another person's copyrighted work.
  8. Involves the transmission of junk mail, pyramid schemes, chain letters, unsolicited mass mailing, or spamming.
  9. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users.
  10. Includes a photograph of another person that you have posted without that person's consent.
  11. Impersonates any person or entity, including, but not limited to, a Gamezebo employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures).
  12. Includes personal or identifying information about another person without that person's explicit consent.
  13. 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.
  14. Disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other Users' ability to use the Service.
  15. Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
  16. Is a criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.

13. Member Conduct and Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

In addition, you agree not to:

  1. "Stalk" or otherwise harass anyone;
  2. Collect personal data about other Users for commercial or unlawful purposes;
  3. c. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services- unless expressly permitted by Gamezebo;
  4. d. Repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  5. e. Attempt to gain unauthorized access to Gamezebo computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Gamezebo Sites; or
  6. f. Use any form of automated device or computer program that enables the submission of posted Content on the Services without each posted Content being manually entered by the author thereof.

14. Third Party Content

  1. The Content and Proprietary Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Gamezebo, including Web sites, directories, servers, networks, systems information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals.
  2. Beta Test Referrals. From time to time, game developers ask Gamezebo to refer beta testers for the developers’ new games. If you participate in Gamezebo’s beta tester referral program, we may refer you third party game developers who will invite you to play pre-release, or beta, versions of their games for the purpose of evaluating the games and identifying errors. Gamezebo may refer you as a beta tester for any given game in its sole discretion, and may terminate the referral program entirely, again in its sole discretion. Any obligations or rights you may have with respect to a beta game shall be as agreed between you and the third party developer of such beta game. Gamezebo does not in any way control the actions of such third party developer and disclaims any liability or responsibility of any kind with respect to any beta game.

15. Member Disputes

You are solely responsible for your interactions with other Gamezebo members. Gamezebo reserves the right, but has no obligation, to monitor disputes between you and other Members. You agree that Gamezebo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any activity between Users related to the Service. In the event that you have a dispute with one or more other Gamezebo Users, you hereby release and agree to indemnify, defend, and hold harmless Gamezebo, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.

16. Disclaimers

GAMEZEBO IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT OR PROPRIETARY CONTENT POSTED ON THE GAMEZEBO SITES OR IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. PORTIONS OF THIS THE GAMEZEBO SITES AND PROFILES CREATED AND POSTED BY MEMBERS ON THE GAMEZEBO SITES MAY CONTAIN LINKS TO OTHER THE WEB SITES. GAMEZEBO IS NOT RESPONSIBLE FOR THE SUBSTANCE, ACCURACY OR OPINIONS EXPRESSED ON SUCH THE GAMEZEBO SITESS, AND SUCH THE GAMEZEBO SITES ARE IN NO WAY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY GAMEZEBO. INCLUSION OF ANY LINKED WEB SITES ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED THE GAMEZEBO SITES BY GAMEZEBO. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. GAMEZEBO TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THIS THE GAMEZEBO SITES OR THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. GAMEZEBO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. GAMEZEBO ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. GAMEZEBO IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES SHALL GAMEZEBO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT A GAMEZEBO EVENT, FROM ANY CONTENT OR CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND GAMEZEBO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. GAMEZEBO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17. Limitation on Liability

IN NO EVENT SHALL GAMEZEBO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GAMEZEBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GAMEZEBO LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GAMEZEBO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GAMEZEBO FOR THE GAMEZEBO SERVICES DURING THE TERM OF MEMBERSHIP.

18. Indemnity

You agree to indemnify and hold Gamezebo, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Services in violation of this Agreement, (ii) a breach of this Agreement, (iii) any breach of your representations and warranties set forth above, and/or (iv) any Content that you post which causes Gamezebo to be liable to another individual or entity.

19. Choice of Law and Forum

You agree that any dispute between you and Gamezebo about or involving the Services shall be governed by the laws of the State of California, USA, without regard to its conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the within the county of San Francisco, California.

20. Copyright Policy

Unauthorized copying or distribution of copyrighted Content is an infringement of the copyright holder's rights. If you are a copyright holder who believes that the Gamezebo Services are hosting or linking directly to infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2), our designated agent for notice of alleged copyright infringement on the Service is:

Attn: Copyright Agent
Gamezebo, Inc.
2443 Fillmore Street, #502
San Francisco, CA 94115
copyrightagent@gamezebo.com
Phone #: (415) 692-4798
Fax #: (650) 590-6694

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
  2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
  3. Information related to the work(s) reasonably sufficient for Gamzebo to promptly locate the work (e.g. title of work, location within the Services, etc.);
  4. Information reasonably sufficient to permit Gamezebo to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement requesting that Gamezebo take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

21. Other

Your use of the Gamezebo Sites and/or your Membership in Gamezebo constitutes your acceptance of this Agreement. This Agreement constitutes the entire agreement between you and Gamezebo regarding the use of the Gamezebo Sites and the Services. The failure of Gamezebo to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Gamezebo ™ is a trademark of Gamezebo, Inc. and cannot be used without the express written consent of Gamezebo. All other trademarks are property of their respective owners. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void or unenforceable, that provision shall be severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Please contact us at: privacy@gamezebo.com with any questions regarding this Agreement.

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