Last Updated: July 12, 2017
Please read these terms carefully before using www.gamingarts.com or any of the other website controlled or operated by Gaming Arts, LLC (“Gaming Arts”) (each a "Site"). By accessing and using this Site you indicate your acknowledgment and acceptance of these terms and conditions, which is a legally binding agreement between you and Gaming Arts that governs the use of the Site. These terms and conditions are subject to change without notice. Therefore, if you are a regular user of the Site, please review these terms and conditions regularly.
Limited License to Use the Site
We expressly reserve the right to deny anyone access to the Site at any time and for any reason. You agree that Gaming Arts may cease providing the Site or change the nature or content of the Site at any time or for any reason with or without notice to you and without liability.
Accessing and Using the Site
The Site is intended for those that are at least 21 years old. Accessing and using the Services is void wherever prohibited by applicable law. You accept sole responsibility for determining whether your use of the Site is legal in the jurisdiction where you are located when accessing the Site.
Ownership of Intellectual Property
This Site, including images, text, audio, video and other components therein ("Materials") are copyrighted materials owned by Gaming Arts or other third parties and protected by worldwide copyright laws and treaty provisions. These Materials and elements include, but are not limited to, names, trademarks, logos, graphics, sounds and images. Individual elements of this Site are also protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.
You may not use, copy, reproduce, modify, publish, upload, post, transmit, or distribute Materials and elements of this Site in any way without Gaming Arts’ express prior written permission, except as follows:
Gaming Arts authorizes you to view and copy, upload, and transmit Materials on this Site subject to the following conditions:
- The Materials may be used solely for informational purposes;
- The Materials may be used solely for internal purposes and may not be used to commercialize or market any product or service (other than an Gaming Arts product or service) without our express written permission;
- The Materials must be used solely in accordance with local law; e.g. comparative statements shall not be used in countries that prohibit comparative marketing;
- Any copy or printout of any document or portion thereof must be maintained in an unaltered fashion, include the copyright notice on the document as it appears on this Site as it appears on the bottom right corner of each page of this Site.
The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by Gaming Arts or third parties who have authorized their use by Gaming Arts. Please contact Gaming Arts for details regarding correct trademark usage when you refer to Gaming Arts products and services.
Any product, process, service, or technology described on this Site may be subject to other intellectual property rights reserved by Gaming Arts or third parties as well as licenses. Note that in order to use certain Gaming Arts and third party Materials for advertising, promotional, or other purposes you must obtain a Gaming Arts Trademark and Copyright License. For complete details on how to use and obtain a license, please contact Gaming Arts.
Except as expressly provided herein, Gaming Arts does not grant any express or implied right to users under any patents, copyright, trademarks, or trade secrets.
Gaming Arts respects the intellectual property rights of others, and requires that individuals who use this Site do the same. If you believe your work has been copied and constitutes copyright infringement, please forward the following information to our designated Copyright Agent listed below in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Dave Berdan, General Counsel
Assignment of Content
If, under applicable law, you are deemed to have retained any right, title or interest in or to any portion of the information you submit to Gaming Arts, including the information you submit through the Contact Form, you agree to and do hereby assign all of your right, title and interest in and to such information solely and exclusively to Gaming Arts, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity and without additional consideration. If such assignment is ineffective under applicable law, you hereby grant a perpetual and irrevocable, exclusive, worldwide, fully-paid up and royalty-free license to Gaming Arts, including the right to assign, transfer, or sublicense to third parties, and the right to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, and use such information in any way seen fit by Gaming Arts. You hereby waive any moral rights or rights of publicity or privacy you may have in any such information to the fullest extent permitted by applicable laws.
Links to Third Party Sites
Gaming Arts may provide links on the Site to third party websites or vendors. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Gaming Arts makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Site, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Gaming Arts and may collect data or solicit personal information from you. Other internet sites which are linked to this Site have their own terms and conditions of use and privacy policies. Access to any other Internet sites linked to this Site is at your own risk. Gaming Arts is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Gaming Arts of these linked sites or their products and services.
Services Provided “As Is” and Disclaimer of Warranties
GAMING ARTS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER MATERIALS CONTAINED WITHIN THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD BE OUTDATED OR CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. GAMING ARTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. GAMING ARTS HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND GAMING ARTS SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK AND THAT GAMING ARTS PROVIDES THE SITE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU FURTHER AGREE THAT GAMING ARTS AND ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, AND ITS SUBSIDIARIES OR AFFILIATES WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF GAMING ARTS WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. GAMING ARTS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE. FURTHERMORE, YOU AGREE TO INDEMNIFY GAMING ARTS AGAINST LIABILITY FOR ANY AND ALL USE OF THE SITE.
Law, Jurisdiction & Venue
This Site is controlled and operated by Gaming Arts from its offices within the United States of America. Gaming Arts makes no representation that the Site or its products and services are appropriate, legal or available in any location or jurisdiction. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the State of Nevada. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Nevada, as applicable, for any matter arising out of or relating to these Terms and/or the Site. You agree not to commence any action against Gaming Arts other than in the federal or state courts located in Nevada, and you hereby consent to, and waive all defenses with respect to, venue and jurisdiction in the federal and state courts located in Nevada.
Gaming Arts has the right, but not the obligation, to monitor your use of this Site in order to insure you comply with the Terms or other rules established by Gaming Arts. Gaming Arts will also monitor your use of this site at the lawful order or request of a judicial or other governmental agency of competent jurisdiction pursuant to applicable law or regulation.
You and Gaming Arts agree that if any portion of these Terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
Gaming Arts operates this Site and reserves the right to change these terms and conditions at any time and from time to time without notice. The failure of Gaming Arts to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact Gaming Arts at the address appearing above or at firstname.lastname@example.org.