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Terms Of Use
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PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS SITE (www.gamescafe.com) (the "Terms of Use"). By accessing or using this Site, you, the user of this site, agree to the Terms of Use. If you do not accept all of the Terms of Use, do not use this Site. GamesCafe Inc. ("GamesCafe"), in its sole discretion, may add, delete or change some or all of the features of this Site (including the provisions of the Terms of Use) or GamesCafe’s products and services from time to time, and at any time. Your use of this Site will be subject to the most current version of the Terms of Use posted on this Site at the time of such use, whether or not you have reviewed them. If you fail to comply with any of the Terms of Use, your authorization to use this Site will automatically and immediately terminate. The Content On This Site This Site may include data, information, press releases and other communications, documents, code, software, photos, text, video, graphics, music, sounds, images, logos and other material (the "Content"). This Site and the Content are intended only as a source of information concerning GamesCafe and its products and services. Your Information And Privacy Policy Your privacy is important to us. You agree that any information you provide to GamesCafe, including without limitation, any information you provide when you register for a GamesCafe service, purchase a product, or contact GamesCafe shall be accurate and truthful. GamesCafe will collect, store, use and disclose any personal information you provide to it in accordance with its then current Privacy Policy located at http://www.gamescafe.com/http://www.gamescafe.com/help/privacy available on this Site. Member Account, Password And Security You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GamesCafe of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GamesCafe cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Reviews & Feedback You may submit reviews and/or feedback ("Feedback"), using the forms on the Site. By submitting Feedback to GamesCafe, you grant GamesCafe a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any Feedback, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Feedback. GamesCafe reserves the right to edit and/or delete any information you optionally put into a publicly available profile about yourself or Feedback that you post or submit at any time. GamesCafe shall be under no obligation to: (1) maintain any information in your Public Profile or Feedback in confidence; (2) to pay to you any compensation for any Feedback; or (3) to respond to any of your Feedback. Please be aware that the information in a Public Profile is publicly available to anybody who visits the GamesCafe Site. GamesCafe will not be liable for any consequences that may result from the public display of the information you choose to enter into your Public Profile. Newsletters, Contests & Sweepstakes By subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. These Terms of Service will apply to all such e-mails and such e-mails will be considered part of the Site Content. Third Party Links This Site contains links to other Web sites which may be of interest to you. GamesCafe does not review or monitor any Web sites linked to this Site and is not responsible for the content or activities of any such linked Web sites. GamesCafe is providing these links solely as a convenience to you. Your linking to such Web sites is at your own risk. User's Computer Information When you play a game from GamesCafe, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of software. We will not collect any personal information about you. No Warranty GAMESCAFE PROVIDES THIS SITE AND THE CONTENT CONTAINED ON THIS SITE "AS IS" AND "AS REASONABLY AVAILABLE" WITH NO GUARANTEES OF ACCURACY, COMPLETENESS OR TIMELINESS, AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GAMESCAFE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GAMESCAFE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS TO THIS SITE. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. Limitation Of Liability USE OF THE SITE OR THE CONTENT PROVIDED ON THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GAMESCAFE AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR CONTENT CONTAINED ON THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GAMESCAFE’ AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. Indemnification You agree to indemnify, defend, and hold harmless GamesCafe, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (a) any claim of intellectual property infringement relating to any game or game proposal you submit to us; (b) your violation of these Terms of Service; or (c) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the Site. Copyright All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GamesCafe or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GamesCafe and is protected by U.S. and international copyright laws. All software used on this site is the property of GamesCafe or its software suppliers and protected by United States and international copyright laws. Termination And Limitation Of Access GamesCafe reserves the right to terminate or limit your access to this Site for any reason or for no reason. Should you have any questions or concerns regarding these Terms of Service, please contact us through our support form by clicking here. |
