THE FREE MARKET FOR GAME DEVELOPERS & PUBLISHERS
Terms of Service
This is the official Terms of Service Agreement ("Agreement") for www.gamebrokerage.com ("Website"),
an Internet website owned and operated by Game Brokerage, Inc ("Game Brokerage").
These terms and conditions regarding your use of the Website constitute a legally binding agreement between you and Game Brokerage. Your use of the Website constitutes acknowledgement that you understand and agree to abide by the terms of this Agreement.
The term "Website" includes all websites and web pages within the Website as well as any shortened URLs, replacement or backup websites and web pages.
Although Game Brokerage attempts to ensure that all information contained on this website is error-free, we accept no liability for omissions. Game Brokerage reserves the right to change or alter the content of the site at anytime. Game Brokerage does not make any warranty that the website is free from infection from viruses; nor does promise that any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GAME BROKERAGE OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF THE WEBSITE AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE
MEMBER REGISTRATION AND USE OF PASSWORD
Your use of the Website is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password.
Users may be banned or accounts suspended or terminated on the entire Website or any game available on the Website if users use inappropriate language or inappropriate behavior as determined by Game Brokerage. Inappropriate language and/or inappropriate behavior is not allowed on Game Brokerage Websites. Game Brokerage is not responsible for user content, postings, and chats. Game Brokerage moderates the games that are uploaded to the Website, but does not retain responsibility or ownership of 3rd party content. Users are responsible for their own actions. You agree not to do any of the following:
Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be:
(a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
(b) hateful, or racially offensive;
(c) vulgar, obscene, or sexually explicit (language or images);
(d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
Post, distribute, or otherwise make available or transmit any data, text, message, computer files, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
(a) copyright, patent, trademark, or other proprietary rights;
(b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
(c) any confidentiality obligation;
Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Game Brokerage. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a the Site or service in violation of the law.
YOU ARE ENCOURAGED TO REPORT VIOLATIONS OF THE USER RULES BY CONTACTING US IMMEDIATELY.
USER COMMUNICATION FEATURES AND AUCTION LISTINGS
Your comments, suggestions and information are important to us.
Portions of this Website provide you and other users an opportunity to engage in business services, commercial transactions, forum, and other message and communication activities ("Communities") and may provide you the opportunity through such Communities or otherwise, to sell or buy flash games, mobile games and to submit, post, display, or transmit messages.
(a) Games, information, ideas, opinions, messages or other information ("Post" or "Postings")
(b) User Material
You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. Game Brokerage reserves the right to monitor, edit or screen any Postings. If Game Brokerage determines, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:
(a) remove and delete Postings;
(b) refuse to allow you to Post in the future;
(c) revoke your right to use the Webite;
(d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website.
Postings do not reflect the views of Game Brokerage or its Affiliates.
If a Posting originates from you or your account, you hereby agree that:
(a) you specifically authorize the Site, Game Brokerage to an exclusive listing, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;
(b) you represent and warrant that the Posting is in full compliance with the user rules set forth above. You understand, acknowledge and agree that Game Brokerage has the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. If you believe that any content on the Website (including, without limitation, User Material) violates any of the terms of this Agreement please click here to send us a message about it. We do not guarantee that we will respond to your message and we reserve the right to respond to the message in any manner we deem reasonable.
You agree to indemnify, defend and hold the Site, Game Brokerage and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
LINKS TO THIRD PARTY SITES
The use of hyperlinks or URLs (collectively links) referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by Game Brokerage, Game Brokerage does not assume any obligation, responsibility or liability on the part of, the Website or Game Brokerage or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers for any Links or the sites to which they redirect you. Game Brokerage does not verify, endorse any such third party sites and disclaims any responsibility for same, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such website.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Website you may deactivate your account on the Website at any time and for any reason. To deactivate your account log in to your account and then click on the "My Account" link and then select the "Cancel My Account" option. Game Brokerage reserves the right to terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
This Website is controlled and operated by Game Brokerage from its offices within Massachusetts, United States of America. Game Brokerage makes no representation that the Website its applications, Postings, or any content thereon are appropriate, legal or available in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement and your use of the Website is governed by, construed and enforced in accordance with the laws of the State of Massachusetts. You specifically agree to submit all claims to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Massachusetts and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. Any action brought for violation of this agreement must be filed within 1 year of the date of said violation. Unless said violation or the identity of the violator was willfully hidden from the aggrieved party in which instance it shall be 1 year from the discovery of same.
Game Brokerage may modify these terms of service by posting any modifications on the terms of Service portion of the Website. Any modifications will be binding on all users and effective as of the date of posting.
© 2012-2014 Game Brokerage, Inc - All Rights Reserved.