1. Acknowledgement and Acceptance of these Terms
2. Account Registration
In order to use the Services, you are required to register with us and provide us with certain information ("Account Information") and must open an "Account". You agree to provide true, accurate, current and complete information about yourself and your business, including an email address and password that you control, and you agree to not misrepresent your identity or your Account Information.
Please note that additional requirements, including the following, may apply:
· A Sponsor (defined below) is typically required to have a game portal (or public game website).
· A Previewer (defined below) must (i) agree to our non-disclosure agreement (NDA), (ii) must be 18 years old, or if under 18, must have a parent or guardian sign up instead.
You agree that we may store and use the Account Information you provide for use in maintaining your Account. You may receive confirmation and other acknowledgement emails associated with your registration. You agree to keep your all Account Information updated, complete, and accurate. If, at any time, any information provided by you is untrue, inaccurate, not current or incomplete, FGL will have the right to suspend or terminate your Account and reserves the right to request additional information from you at any time.
You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. You agree to immediately notify FGL of any security breach of your Account. You agree to use our Services, including any software related to the Services, only on your or your business's devices that have been registered on the Site. If you have any reason to believe your account information has been compromised or that your Account has been accessed by an unauthorized third party, you agree to immediately notify FGL at firstname.lastname@example.org. FGL shall not be responsible for any losses arising out of the unauthorized use of your Account that takes place prior to notifying FGL that your Account has been compromised.
You may forfeit your rights to use the Services unless you are properly registered as set forth herein. If we believe that your Account has been used for an unauthorized, illegal, or criminal purpose, you agree that we may share your Account Information or other information about you, your Account, and any of your transactions with law enforcement and we may terminate your Account.
1. Fees for Services.
Registering an Account is free. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. You are responsible for paying all fees and taxes associated with your use of the Service. We reserve the right to change our fees upon thirty (30) days' advance notice. You must agree to the change in fees to continue to use the Service. If you do not agree to the change you will need to notify us and we will close your Account. Payment terms for all invoiced amounts will be thirty (30) days from the date of invoice as long as your Account is current. All payments shall be in U.S. dollars. If you do not pay an invoice(s) when due, we may charge a late payment fee on the unpaid amounts equal to the lesser of: (i) 10% per annum, or (ii) the maximum legal rate, and we may suspend the Service without prior notice until we have received the Fees due.
You must comply with such terms and policies as well as these Terms when you use those services. You understand and acknowledge that our Payment Processors and not FGL, is the processor of payments made by you through the Site, and terms relating to your purchases are subject to Payment Processors terms. If any such terms or policies conflict with FGL's Terms, agreements or policies, you must comply with FGL's Terms, agreements or policies, as applicable.
2. Ownership. All information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of FGL on any Site (specifically excluding any User Content (as defined below)) (collectively, "Site Content") is the sole property of FGL, as between you and FGL. The Site and all of the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. FGL reserves all rights in and to the Site and the Site Content, which rights are not expressly granted herein. Unless otherwise noted, the FGL name and logo, GamerSafe, fgl.com and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of FGL, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Site or Site Content.
3. Use of the Site. FGL reserves the right in, its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content and any third party's User Content at any time with or without notice for any or no reason.
4. Third Party Content. FGL may from time to time (a) link to other sites that we feel may be useful to you, and (b) post content to our Site that is supplied by third parties (collectively "Third Party Content"). Third Party Content does not include specific content (such as games) to the extent that such content is covered under a Separate Agreement. Third Party Content is not under the control of FGL. FGL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, any services accessible by hyperlink from our Site, links contained in any Third Party Content, or any review, changes or updates to a third party web site or for third-party web sites that link to our Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third Party Content are those of the respective author(s) or distributor(s) and not of FGL. FGL does not guarantee the merchantability or fitness for any particular purpose of Third Party Content. When leaving our Site, you should be aware that these Terms no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites. Additional disclaimers and limitation of liability are noted below.
5. Use of Information. Except as may be described in a Separate Agreement, all remarks, suggestions, ideas, graphics, or other information communicated by you to us to improve the Site, the Site Content or the products or services of FGL or its affiliates (each, a "Submission") will forever be FGL's property. We will not be required to treat any Submission as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. We will be entitled to use Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending Submissions. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
6. User Content. Except as set forth in Section 5 above, we may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content by you and other users ("User Content") on certain areas of our Site.
The nature of the Site is interactive and public. By submitting or posting User Content, you understand and acknowledge that any materials, ideas or other communications you submit or post in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by FGL at our discretion.
You shall be solely responsible for any User Content you submit or post and the consequences of submitting or posting it. With respect to any User Content you submit or post, you affirm, represent and warrant that: (a) you own or have the necessary licenses, rights, consents or permissions to use, and authorize FGL to use, all patent, copyright, trade secret, trademark, and other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Site and these Terms; and (b) you have the appropriate and necessary written consent, release or permission of each identifiable individual person or business in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual or business (as applicable) to enable inclusion and use of such User Content in the manner contemplated by the Site and these Terms.
As between you and FGL, you shall retain all of your ownership rights in and to the User Content you submit or post to our Site. However, by submitting or posting User Content to FGL, you hereby grant FGL a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media), the User Content, in whole or in part, including future rights that FGL (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.
You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Services under these Terms (the "User License").
7. Posting User Content. FGL will have the right to accept, post, refuse, remove or delete any User Content for any or no reason (including User Content that FGL reasonably considers to violate these Terms or to otherwise be illegal or objectionable). Any User Content submitted is subject to these Terms, any additional terms for a specific feature, as well as the following submission rules, to which you agree to adhere through your use of the Services:
(a) You will not submit or post any content that is unlawful, harmful, tortuous, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by FGL in its sole discretion.
(b) You will not submit or post any content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
(c) You will not impersonate any person or organization, including, without limitation, the personnel of FGL. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Site.
(d) You will not misrepresent an affiliation with another person or organization, nor will you submit or post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.
(e) You will not use any Site to harm minors in any way or to send any content that we deem in our sole discretion to be inappropriate for minors, offensive, or incompatible with the character or subject matter of the Site.
(f) You will not submit, post, upload, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
(g) You will not submit or post any software to the Site, nor will you submit or post links to online locations or post files that do not comply with these Terms, and you will not submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Site.
(h) You will not modify in any way any specifications, technology, or application codes provided to you by FGL or as embedded in the User Content unless expressly authorized in writing by FGL.
(i) You will not intentionally or unintentionally violate any applicable local, state, national or international law.
(j) You will not collect any personal information about other users.
(k) You will not share or transfer passwords or other access information with any other party, temporarily or permanently as applicable.
(l) You will not use any Site, Site Content or User Content in any way that harms FGL or any user of FGL.
(m) You will not use any Site in any manner that could overburden, or impair the Site (or the networks or systems connected to the Site).
(n) You will not use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
(o) FGL assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to any or all of the Site or a user account.
You understand that FGL has no responsibility to monitor any materials submitted, posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please e-mail email@example.com.
8. Compliance with Laws. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Site. FGL reserves the right to terminate any account with respect to the Site and to prevent your use of the Site if such account is used to engage in illegal activity or to violate these Terms.
9. DMCA Notice. We respect copyright ownership and expect users of our Site to do so as well. It is our goal to limit or prevent access to the Site by any users who are repeat infringers of copyright.
If you are a copyright owner or an agent thereof and believe any Site Content or User Content posted on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to FGL through our designated agent at the address listed below containing the following information:
(a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
(g) You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.
310 Wilshire Blvd
Santa Monica, CA 90401
10. Additional Products and Services Disclaimer. FGL makes available certain descriptions of its products and services on the Site. FGL does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the parties for that product or service and not by any information posted on the Site. This paragraph is in addition to and not instead of the disclaimers set forth in these Terms.
11. Indemnity. You assume all responsibility for your use of, or access to, the Site, including your access to any Site Content or User Content, and hereby waive all claims or causes of action against FGL, its affiliates, its licensors and their respective officers, directors, employees, agents and representatives in connection therewith. You also agree to indemnify, defend and hold harmless FGL, its affiliates, licensors, and partners, including without limitation, FGL's service providers and banks, and their respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms, the Services, your use of the Site, Site Content or User Content (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any Services on your behalf. FGL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
12. Disclaimer. THE SITE, THE SITE CONTENT AND USER CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FGL OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND FGL'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
14. Limited Time to Bring Your Claim. You agree that any cause of action arising out of or related to FGL, any Site, any Site Content or User Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15. Restricted Access. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Services using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Services, those rights are personal and non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share any user name or password to anyone other than an employee or agent authorized to act on behalf of your business, and subject to these Terms. You assume all responsibility for loss or misuse of your user name and password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason except due solely to the gross negligence or willful misconduct of FGL. FGL reserves the right to terminate your access to the Services or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms.
17. Employment Opportunities. We welcome expressions of interest in employment with FGL. FGL does not discriminate in hiring or employment on the basis of race, color, religion, disability, national origin, age, sex, or any other characteristic protected by applicable federal, state or local law. You understand that the invitation to submit your resume or expression of interest in a job posted on any Site is not intended to, and does not, create a contract between you and FGL for employment or for any other benefit. You understand that any communication sent by you to FGL inquiring about employment shall not be considered an application for employment and creates no obligation on the part of FGL to respond. Should FGL be interested in exploring employment opportunities with you, we will contact you in response to your inquiry.
19. Governing Law and Forum. These Terms, and the interpretation, performance and enforcement of your and FGL's rights and duties, shall be construed in accordance with the laws of the State of California, except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the parties. By using any Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California, or, at FGL's sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in Los Angeles County, California.
20. Miscellaneous. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. FGL makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site or Services from outside of the United States do so at their own volition and are responsible for compliance with local law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this Site and its content, no distribution or solicitation is made by FGL to any person to use the Site or its content in any jurisdiction where the provision of this Site is prohibited by law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site.
21. Contacting Us & FAQs. If you have any questions or concerns about these Terms, or to inquire about linking to our Site or about trademark or copyright matters, please contact us at firstname.lastname@example.org. For additional about FGL please visit our FAQ page.
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