- 01 Featured Games
- 02 Genre
- 03 Demos
- 04 Free DLM
The web site on which these Terms of Service are postedis owned and operated by Media Speed Tech, LLC., a Delaware corporation (“GameStreamer”). These Terms of Service (“Terms of Service” or “Agreement”) apply to your use web site, any derivative web sites on which these Terms of Service are posted and any Content, Widgets or other products or services that are offered or provided via this web site (collectively, the “Web Site”). In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to such representative, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person. By using the Web Site, you agree to be bound by this Agreement, whether you are a “visitor” that simply browses the Web Site without registering an account or you are a “member” that registers an account on the Web Site.
GameStreamer reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Service periodically for changes, and you hereby agree to periodically review these Terms of Service for such changes. The continued use of the Web Site following the posting of changes to these Terms of Service will constitute your acceptance of those changes. The most current version of these Terms of Service will be posted on the Web Site at least 5 business days before it goes into effect.
BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, WIDGETS OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEB SITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT, WIDGETS OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEB SITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO GAMESTREAMER OR ACCESSING GAMESTREAMER MATERIALS CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND GAMESTREAMER.
Unless otherwise expressly provided herein, GameStreamer hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Service. If you are a developer or affiliate user, GameStreamer hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for the internal business purposes of you and the entity of which you are an authorized representative, subject to your agreement to, compliance with and satisfaction of these Terms of Service. All rights not otherwise expressly granted by these Terms of Service are reserved by GameStreamer. If you do not comply with the Terms of Service at any time, GameStreamer reserves the right to revoke the aforementioned license(s), limit your access to the Web Site or restrict your ability to post or download Content, Widgets or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Web Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Web Site or any part thereof.
GameStreamer may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, disable Widgets, restrict the time the Web Site is available or restrict the amount of use permitted at GameStreamer’s sole discretion and without prior notice or liability. You agree that GameStreamer may, under certain circumstances, immediately suspend and/or terminate your access to the Web Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Service or other agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in GameStreamer’s sole discretion and without liability to you or any third party. For purposes of these Terms of Service, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.
Unless otherwise specifically noted in these Terms of Service, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, GameStreamer™, the GameStreamer™ logo, and Instantaneous Gaming™, are the property of GameStreamer and/or its licensors and may not be used without GameStreamer’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Web Site is the copyrighted property of GameStreamer, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Service. Any unauthorized use of any Content or Widgets, whether owned by GameStreamer or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Web Site or any part thereof or grant any other person or entity the right or access to do so.
To take advantage of certain functionality and capabilities of the Web Site (e.g., to purchase, upload and/or manage Content), you may be required to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process (or GameStreamer may assign initial registration information that you will have the option to change). As part of this registration process, in the event you are under the age of 13, your parent/legal guardian will be requested to provide certain personal information and his/her consent to allow GameStreamer and/or its agent to provide an account to you and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify GameStreamer in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. GameStreamer may refuse to grant a particular username to you for any reason, including, without limitation, in the event GameStreamer determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Web Site contains or provides access to information, games, software, photos, video, text, graphics, music, sounds or other material provided by GameStreamer or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Your use of any Content (including software) downloaded or otherwise accessed through the Web Site will be governed by the terms and conditions of the end user license agreement accompanying such Content. If you access any Content that is not accompanied by an end user license agreement, then you are only granted a limited license to download and/or use the Content on a single computer for personal and non-commercial purposes only.
The Content posted by users via the Web Site (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. GameStreamer does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to GameStreamer a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content. For the avoidance of doubt, references to Content shall include User Content.
GameStreamer does not generally monitor or otherwise remove User Content after it is posted on the Web Site except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of GameStreamer. In the event you would like to request that GameStreamer remove your User Content from the Web Site, please contact GameStreamer at firstname.lastname@example.org. Please note however, that if GameStreamer agrees, in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by GameStreamer or other parties; (b) such User Content has been retained in GameStreamer’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.
Content you download or otherwise access via the Web Site may contain third party digital rights management systems (“DRM”) which may allow for communication between the Content and the third party and utilize security features to prevent unauthorized use or distribution. These DRMs are subject to separate license agreements. The DRM may be an inseparable part of the Content, or a separate software component installed directly to a different section of your hard drive when installing such Content. By purchasing any Content through the GameStreamer Web Site that contains DRM, you are consenting to any such installation and continued presence of the DRM on your computer and agreeing to its operation related to the usage rules established by GameStreamer or its affiliates. GameStreamer is not responsible for any loss or damage relating to the use of any DRM, and Content incorporating a DRM, or your dealings with the third party responsible for the DRM. The DRM may also communicate information regarding your computer systems, network locations, IP address and software to GameStreamer in certain circumstances in order to prevent unauthorized use or distribution of the associated Content. GameStreamer reserves the right to control and monitor the usage of Content for compliance purposes, and reserves the right to enforce the usage rules with or without notice to you.
GameStreamer widgets (“Widgets”) are tools which you may place on your web site in order for visitors to your web site to access and view Content and other information located on the GameStreamer Web Site. Widgets may include, without limitation, GameStreamer trademarks and logos, headlines and links to articles located on the GameStreamer Web Site, search boxes which link to Content and other information located on the GameStreamer Web Site, and advertising for GameStreamer and third party products and services. References to Widgets herein shall include, without limitation, all associated Content and information provided via the Widgets, all software files or other intellectual property comprising or provided via the Widgets, all data and code that accompanies the Widgets, and all upgrades, enhancements, modifications, updates and revisions of such software and code.
Your use of the Widgets is subject to all of the general terms and restrictions of use contained elsewhere in these Terms of Service, as well as all of the other terms and conditions contained herein. You are not licensed to use the Widgets for any other purposes, and nothing herein shall be deemed to grant you any right, title or interest in the Widgets. Without limiting the generality of the foregoing, you may not use the Widgets to offer or promote, or otherwise use the Widgets in association with, any products or services for sale.
You may not use the Widgets in any manner that would constitute an endorsement (whether express or implied) by GameStreamer (including any of its parent, subsidiary or related companies) of your web site or any product, service or activity contained on your web site. You may not place the Widgets on any web site that includes content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, porographic or otherwise inappropriate as determined by GameStreamer in its sole discretion.
The Widgets may be used only with those platforms from which a functional link is made available that directs users to Content and other information as located on the GameStreamer Web Site. You may not use the Widgets in any manner that does not permit successful linking to, redirection to or delivery of the applicable GameStreamer web page. You may not insert any intermediate page, splash page or other content between the Widget link and the applicable GameStreamer web page. GameStreamer may use data capture, syndication analysis and other similar tools to track, extract, compile aggregate and analyze any data or information resulting from use of a Widget.
The Web Site and/or Content (including software) accessed or downloaded via the Web Site may contain links to other web sites, content or resources on the Internet. Because GameStreamer has no control over such web sites, content or resources, you acknowledge and agree that GameStreamer is not responsible for the availability of such external web sites, content or resources. GameStreamer does not endorse and is not responsible or liable for any advertising, products, or other information or materials contained therein or for any privacy or other practices of the third parties operating such web sites, content or resources. You further acknowledge and agree that GameStreamer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such information, materials, goods or services available on or through any such web site, content or resource. GameStreamer strongly encourages you to review any separate terms of service and privacy policies governing use of the foregoing.
GameStreamer may allow users to place Orders for Content (including software), products and/or services via the Web Site or through its third-party affiliates. “Order” shall mean any order placed by a user for Content (including software), products and/or services via the Web Site that is accepted by GameStreamer. In the event that you are a user placing an Order, you are subject to the additional terms of this section. Please note that in some cases, you may be directed to a third-party web site to make purchases. In such an event, the purchase terms in this section do not apply, and your purchase will be governed by the terms of such third-party web site. By making such purchases, you hereby agree that GameStreamer has no responsibility, and shall have no liability, for any claim related to your purchases on such third-party web sites.
Upon placing an Order, you shall pay to GameStreamer the purchase price as set forth in the “Shopping Cart” or similar ordering mechanism. GameStreamer may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.
Prices and availability of Content (including software), products and/or services are subject to change without notice. Errors will be corrected where discovered, and GameStreamer reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an Order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, GameStreamer will issue you the appropriate credit within a reasonable time after your Order has been revoked.
You agree to the following restrictions regarding your Order(s): (a) you may not resell any Content or otherwise profit from its use or display; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense or create derivative works or compilations incorporating such Content without the express permission of the owner of such Content; (c) decompile, reverse engineer, disassemble or otherwise reduce any object code relating to the Content to human perceivable form, (d) you will not otherwise violate any additional legal or contractual restrictions governing use of the Content; (e) you will not obscure or remove any proprietary rights notices contained in or on the Content; and (f) you will not export the Content in violation of applicable laws. Content is licensed and not sold.
Refund Policy: Certain restrictions apply to sales of Content sold through the Web Site. Please review the GameStreamer Return/Refund Policy for more information.
EU Customers: If you reside in the European Union and you purchase Content, the Consumer Protection (Distance Selling) Regulations 2000 may apply, and you may have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). You will lose your right of withdrawal if you start downloading your product, or if the performance of our services has begun (such as if the Product activation key has been disclosed to you), before the end of the Cooling Off Period. Please note that if you purchase Content from us, the performance of our services will begin immediately after you have received our purchase confirmation email. To withdraw from your purchase within the Cooling Off Period, please contact Customer Service. If you withdraw from your purchase within the Cooling Off Period, we will provide you with a refund for your purchase.
In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to GameStreamer: (1) you are owner of such User Content or otherwise have the right to grant GameStreamer the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any User Content that you may post or purchase via the Web Site, which includes, without limitation: (a) use of the Web Site to post or store material or information that is, or to a reasonable person may be, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site to post or store Content or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) use of the Web Site to post or store viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site to post or store any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (g) use of the Web Site to gain competitive intelligence about GameStreamer, the Web Site or any product or service offered via the Web Site or to otherwise compete with GameStreamer or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users or (j) use of the Web Site to engage in any activity that, as determined by GameStreamer, may intentionally or unintentionally violate these Terms of Service, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Service.
GameStreamer uses reasonable efforts to maintain the Web Site, but GameStreamer is not responsible for any defects or failures associated with the Web Site, any part thereof, any User Content posted using the Web Site, Widgets, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which GameStreamer may undertake from time to time, or (c) causes beyond the control of GameStreamer or which are not foreseeable by GameStreamer. In addition, GameStreamer makes no guarantees as to the Content or as to web sites and information located worldwide throughout the Internet that you may access as a result of your use of the Web Site or any Content made available thereon, including as to the accuracy, content, or quality of any such Content, sites and information or the privacy or other practices of any such Content provider or site.
GameStreamer does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that it has no monitoring obligations, GameStreamer reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate these Terms of Service. Because the User Content offered via the Web Site is provided by other users, and because GameStreamer does not monitor or exercise control over the User Content, GameStreamer does not make any warranties or representations regarding any of the Content offered via the Web Site or the quality thereof. GameStreamer does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall GameStreamer be liable under any theory for such exposure. GameStreamer is not a backup service for storing User Content, and GameStreamer shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEB SITE, ANY CONTENT, ANY WIDGETS AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMESTREAMER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION, GAMESTREAMER MAKES NO WARRANTY THAT THE WEB SITE, ANY CONTENT, ANY WIDGETS OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, WIDGETS OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB 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 MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMESTREAMER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMESTREAMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT, WIDGETS OR ANY CONTENT, PRODUCTS OR SERVICES PURCHASED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT, PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT, WIDGETS OR THE PURCHASE OF PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMESTREAMER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE, WIDGETS, PURCHASING ANY CONTENT OR PURCHASING GAMESTREAMER’S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY GAMESTREAMER FOR PROVIDING THE SERVICES. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON OR FOR GAMESTREAMER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify and hold harmless GameStreamer, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site or any part thereof, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of GameStreamer or third parties by you, (e) any negligence or willful misconduct by you, (f) your use of any Content, Widgets services or products provided by GameStreamer, or (g) any other claim related to your performance under this Agreement.
This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that GameStreamer, in its sole discretion, may terminate your use of the Web Site or any part thereof upon prior notice, and remove and discard any User Content, in the event you violate these Terms of Service. You agree that GameStreamer may immediately suspend your account and your access to the Web Site or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Service or if it determines that you are a repeat infringer of another’s intellectual property or other rights. GameStreamer may also, in its sole discretion and at any time, discontinue providing the Web Site, any part thereof, any User Content or any products advertised thereon, with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, GameStreamer reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days notice to you. Further, you agree that GameStreamer shall not be liable to you or any third-party for any termination or suspension of your access to the Web Site or any part thereof, removal of User Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Web Site and by providing notice to GameStreamer of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which GameStreamer may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Web Site and any Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against GameStreamer, and GameStreamer shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof. The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to GameStreamer which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that GameStreamer has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies GameStreamer may have for your breach of this Agreement.
The Web Site originates from within the United States, and the validity and effect of these Terms of Service shall be governed by and construed and enforced in accordance with the laws of the state of Florida, U.S.A. without regard to its conflicts or choice of laws principles. If you are not a citizen or resident of the United States, all disputes, actions, claims or proceedings between the parties relating to the validity, construction or performance of, or otherwise concerning the Web Site or this Agreement (except for claims by GameStreamer for injunctive or other equitable relief) shall be settled by arbitration in accordance with UNCITRAL Arbitration Rules as at present in force. The appointing authority shall be the International Chamber of Commerce ("ICC") acting in accordance with the rules adopted by the ICC for this purpose, and the place of arbitration shall be Tampa, Florida, U.S.A. There shall be only one arbitrator. The award shall be in law and not in equity and shall be final and binding on both parties. The parties hereto irrevocably agree to submit all matters and disputes arising in connection with this Agreement to arbitration in the Tampa, Florida, U.S.A. metropolitan area. The language of arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in any country or region.
If you are a citizen or resident of the United States (or if GameStreamer seeks injunctive or other equitable relief), all disputes, actions, claims or proceedings between the parties relating to the validity, construction or performance of, or otherwise concerning the Web Site or this Agreement shall be brought exclusively in the federal or state courts located in or serving Hillsborough County, Florida, USA. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts located in or serving Hillsborough County, Florida, USA. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts located in or serving Hillsborough County, Florida, USA and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court located in or serving Hillsborough County, Florida, USA.
In the event the foregoing arbitration provision does not apply, is found inapplicable or otherwise not given full force and effect, the parties agree that the sole and exclusive jurisdiction and venue for any and all unresolved disputes related to this Agreement shall be in any trial or appellate court located in or serving Hillsborough County, Florida, USA.
If any action at law or in equity or any arbitration proceeding is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement. The controlling language of this Agreement is English. Any translations of this Agreement that may have been provided by GameStreamer have been provided for convenience only and shall have no binding effect.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site, Content, Widgets and products and services offered via the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site, Content, Widgets and products and services sold via the Web Site. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed on any particular page of this Web Site, through the registration process or contained in other express agreements entered into between you and GameStreamer. In the event of an express conflict between these Terms of Service and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or any separate agreement entered into between you and GameStreamer, such additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application or separate agreement shall control to the extent of such conflict. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
GameStreamer makes no representation that Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws.
GameStreamer respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GameStreamer’s Copyright Agent the following information: • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material; • your address, telephone number, and email address; • 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; 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.
Please contact GameStreamer’s Copyright Agent for Notice of Claims of copyright infringement at: email@example.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.
Counter-Notice. If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent: • your physical or electronic signature; • identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; • a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Hillsborough County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, GameStreamer may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GameStreamer’s sole discretion.