Conditions of Use
Please Read Carefully Before Using This Website:
Big Electronic Network, Inc. dba Gamescape maintains this site for information and
communication purposes. This webpage contains the Terms of Use governing your access
to and use of the gamescape.com (the “Website” or “Site”). If you do not accept
these Terms of Use or you do not meet or comply with their provisions, you may not
use the Website.
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING
TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the Website will
be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be
subject to (i) certain designated terms (see Section B below) in addition to those
terms applicable to all users and (ii) shall be further conditioned on your [clicking
the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY
TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
Gamescape may, at any time, for any reason and without notice, make changes to (i)
this Website, including its look, feel, format, and content, as well as (ii) the
products and/or services as described in this Website. Any modifications will take
effect when posted to the Website. Therefore, each time you access the Website,
you need to review the Terms of Use upon which access and use of this Website is
conditioned. By your continuing use of the Website after changes are posted, you
will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in the United
States. It is not directed to any person or entity in any jurisdiction where (by
reason of nationality, residence, citizenship or otherwise) the publication or availability
of the Website and its content, including its products and services, are unavailable
or otherwise contrary to local laws or regulations. If this applies to you, you
are not authorized to access or use any of the information on this Website. Gamescape
makes no representation that the information, opinions, advice or other content
on the Website (collectively, "Content") is appropriate or that its products and
services are available outside of the United States. Those who choose to access
this Website from other locations do so at their own risk and are responsible for
compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions
of the Content (including without limitation text, graphics, software, audio and
video files and photos) of this Website for your informational, non-commercial use,
provided that you leave all the copyright notices, including copyright management
information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a
significant portion of the Content on this Website, or the design or layout of the
Website or individual sections of it, in any form or media. The systematic retrieval
of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk
of interception by third parties. Please consider this fact before e-mailing any
information. Also, please consult our Privacy Policy
http://www.gamescape.com/Privacy-Policy.aspx. You agree not to submit or
transmit any e-mails or materials through the Website that: (i) are defamatory,
threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any
other harmful component, (iii) incorporate copyrighted or other proprietary material
of any third party without that party's permission or (iv) otherwise violate any
applicable laws. Gamescape shall not be subject to any obligations of confidentiality
regarding any information or materials that you submit online except as specified
in these Terms of Use, or as set forth in any additional terms and conditions relating
to specific products or services, or as otherwise specifically agreed or required
by law.
The commercial use, reproduction, transmission or distribution of any information,
software or other material available through the Website without the prior written
consent of Gamescape is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site,
are copyrighted and are protected by United States and international copyright laws
and treaty provisions. You may access, download and print materials on this Website
solely for your personal and non-commercial use; however, any print out of this
Site, or portions of the Site, must include Gamescape's copyright notice. No right,
title or interest in any of the materials contained on this Site is transferred
to you as a result of accessing, downloading or printing such materials. You may
not copy, modify, distribute, transmit, display, reproduce, publish, license any
part of this Site; create derivative works from, link to or frame in another website,
use on any other website, transfer or sell any information obtained from this Site
without the prior written permission of Gamescape.
Except as expressly provided under the "Scope of Use" Section above, you may not
use, reproduce, modify, transmit, distribute, or publicly display or operate this
Website without the prior written permission of Gamescape. You may not use a part
of this Website on any other Website, without Gamescape's prior written consent.
Gamescape respects the intellectual property rights of others and expects our Users/
users to do the same. The policy of Gamescape is to terminate the accounts of repeat
copyright offenders and other users who infringe upon the intellectual property
rights of others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at
support@gamescape.com
6. Links
For your convenience, we may provide links to various other Websites that may be
of interest to you and for your convenience only. However, Gamescape does not control
or endorse such Websites and is not responsible for their content nor is it responsible
for the accuracy or reliability of any information, data, opinions, advice, or statements
contained within such Websites. Please read the terms and conditions or terms of
use policies of any other company or website you may link to from our website. These
Terms of Use policy applies only to Gamescape's website and the products and services
Gamescape offers. If you decide to access any of the third party sites linked to
this Website, you do so at your own risk. Gamescape reserves the right to terminate
any link or linking program at any time. Gamescape disclaims all warranties, express
and implied, as to the accuracy, validity, and legality or otherwise of any materials
or information contained on such sites.
You may not link to this Website without Gamescape's written permission. If you
are interested in linking to this Website, please contact
support@gamescape.com.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Gamescape that you will
not use the Website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Website in any manner that could damage,
disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Website. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the Site.
8. Spamming
Gathering email addresses from Gamescape through harvesting or automated means is
prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional
materials, or any other forms of solicitation to other Users is prohibited. Inquiries
regarding a commercial relationship with Gamescape should be directed to:
support@gamescape.com
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL
OF WHICH Gamescape EXPRESSLY DISCLAIMS. Gamescape DOES NOT ENDORSE AND MAKES NO
WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT,
AND Gamescape WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY
IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF
THE WEBSITE. Gamescape MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER
CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL
NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE
OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER
MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Gamescape.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of
Florida USA, without reference to its choice of law rules. If an applicable law
is in conflict with any part of the Terms of Use, the Terms of Use will be deemed
modified to conform to the law. The other provisions will not be affected by any
such modification.
11. Separate Agreements
You may have other agreements with Gamescape. Those agreements are separate and
in addition to these Terms of Use. These Terms of Use do not modify, revise or amend
the terms of any other agreements you may have with Gamescape.
12. DMCA Copyright Policy and Copyright Agent
Gamescape respects the intellectual property rights of others. If you believe something
on this Site has infringed your intellectual property rights, please notify our
agent and provide the following information:
-
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
-
Identification of the copyrighted work claimed to have been infringed.
-
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.
-
Address, telephone number, and, if available, an electronic mail address where we
may contact you.
-
A statement that the complaining party has 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.
-
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.
The Site's Copyright Agent can be reached at:
Benjamin Bloodworth
2415 N. Monroe St.
Suite 303
Tallahassee, FL 32303
(850) 325-6600
support@gamescape.com
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information
resource regarding the matters covered, and is not tailored to your specific circumstance.
You should not construe this as legal, accounting or other professional advice.
This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION,
OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE
SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. Gamescape reserves
the right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the
rights to the content that you post; that the content is accurate; that use of the
content you supply does not violate these Terms of Use and will not cause injury
to any person or entity; and that you will indemnify Gamescape or its affiliates
for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the
public (“Public Area”) or if you submit any business information, idea, concept
or invention to Gamescape by email, you automatically represent and warrant that
the owner of such content or intellectual property has expressly granted Gamescape
a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. Gamescape may sublicense
its rights through multiple tiers of sublicenses. If you wish to keep any business
information, ideas, concepts or inventions private or proprietary, you must not
submit them to the Public Areas or to Gamescapeby email. We try to answer every
email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network,
for instance) on the Website are not moderated or reviewed. Accordingly, Users will
be held directly and solely responsible for the content of messages that are posted.
While not moderating the forums, the Site reviewer will periodically perform an
administrative review for the purpose of deleting messages that are old, have received
few responses, are off topic or irrelevant, serve as advertisements or seem otherwise
inappropriate. Gamescape has full discretion to delete messages. Users are encouraged
to read the specific forum rules displayed in each discussion forum first before
participating in that forum.
Gamescape reserves the right (but is not obligated) to do any or all of the following:
-
Record the dialogue in public chat rooms.
-
Examine an allegation that a communication(s) do(es) not conform to the terms of
this section and determine in its sole discretion to remove or request the removal
of the communication(s).
-
Remove communications that are abusive, illegal, or disruptive, or that otherwise
fail to conform with these Terms of Use.
-
Terminate a Member's access to any or all Public Areas and/or the Gamescape Site
upon any breach of these Terms of Use.
-
Monitor, edit, or disclose any communication in the Public Areas.
-
Edit or delete any communication(s) posted on the Gamescape Site, regardless of
whether such communication(s) violate these standards.
Gamescape reserves the right to take any action it deems necessary to protect the
personal safety of our guests or the public. Gamescape has no liability or responsibility
to users of the Gamescape Website or any other person or entity for performance
or nonperformance of the aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including without limitation
for the purpose of protecting any Gamescape confidential information and/or intellectual
property rights, any controversy or claim arising out of or relating to these Terms
of Use or this Website shall be settled by binding arbitration in accordance with
the commercial arbitration rules, in effect at the time the proceedings begin, of
the American Arbitration Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be held in Tallahassee,
Florida USA.
All information relating to or disclosed by any party in connection with the arbitration
of any disputes hereunder shall be treated by the parties, their representatives,
and the arbitrator as proprietary business information. Such information shall not
be disclosed by any party or their respective representatives without the prior
written authorization of the party furnishing such information. Such information
shall not be disclosed by the arbitrator without the prior written authorization
of all parties. Each party shall bear the burden of its own counsel fees incurred
in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having
jurisdiction over the parties or their assets or application of enforcement, as
the case may be. Any award by the arbitrator shall be the sole and exclusive remedy
of the parties. The parties hereby waive all rights to judicial review of the arbitrator's
decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Gamescape SPECIFICALLY DISCLAIMS ANY
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE
CONTENT (EVEN IF Gamescape HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION
OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE
OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION
OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY
MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Gamescape.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION
MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold Gamescape, its officers, directors, employees,
agents, licensors, and suppliers, harmless from and against any claims, actions
or demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your violation
of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
Gamescape does not warrant that the functions contained in the service provided
by the Website will be uninterrupted or error-free, that defects will be corrected
or that this service or the server that makes it available will be free of viruses
or other harmful components.
As part of the registration process, each user will select a password (“Password”)
and Login Name (“Login Name”). You shall provide Gamescape with accurate, complete,
and updated Account information. Failure to do so shall constitute a breach of this
Terms of Use, which may result in immediate termination of your Account.
You may not:
-
select or use a Login Name of another person with the intent to impersonate that
person;
-
use a name subject to the rights of any other person without authorization;
-
use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Gamescape of any known or suspected unauthorized use(s) of your
Account, or any known or suspected breach of security, including loss, theft, or
unauthorized disclosure of your password. You shall be responsible for maintaining
the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination
of your Account, at Gamescape's sole discretion, and you may be reported to appropriate
law-enforcement agencies.
Contact us: If you would like to request additional information regarding these
Terms of Use, please contact us at support@gamescape.com