1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content and Games available through the Gamedip.com domain
name, the "Gamedip Website", or "Website"),
YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms
of Service") AND THE TERMS AND CONDITIONS OF GAMEDIP'S PRIVACY
NOTICE, WHICH ARE PUBLISHED AT http://www.Gamedip.com/t/press_roomivacy,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not
agree to any of these terms, then please do not use the Gamedip
Website.
2. Gamedip Website
These Terms of Service apply to all users of the Gamedip Website,
including users who are also contributors of games, information,
and other materials or services on the Website. The Gamedip Website
may contain links to third party websites that are not owned
or controlled by Gamedip. Gamedip has no control over, and assumes
no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, Gamedip will not and
cannot censor or edit the content of any third-party site. By
using the Website, you expressly relieve Gamedip from any and
all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the
Gamedip Website and to read the terms and conditions and privacy
policy of each other website that you visit.
3. Website Access
A. Gamedip hereby grants you permission to use the Website as
set forth in this Terms of Service, provided that: (i) your use
of the Website as permitted is solely for your personal, noncommercial
use; (ii) you will not copy or distribute any part of the Website
in any medium without Gamedip's prior written authorization;
(iii) you will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its
intended purpose; and (iv) you will otherwise comply with the
terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will
have to create an account. You may never use another's account
without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep
your account password secure. You must notify Gamedip immediately
of any breach of security or unauthorized use of your account.
Although Gamedip will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the
losses of Gamedip or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that
sends more request messages to the Gamedip servers in a given
period of time than a human can reasonably produce in the same
period by using a convention on-line web browser. Notwithstanding
the foregoing, Gamedip grants the operators of public search
engines permission to use spiders to copy materials from the
site for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such
materials. Gamedip reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication
systems provided by the Website for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes,
any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Gamedip Website, except all User Submissions
(as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, games, interactive
features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"),
are owned by or licensed to Gamedip, subject to copyright and
other intellectual property rights under United States and foreign
laws and international conventions. Content on the Website is
provided to you AS IS for your information and personal use only
and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent
of the respective owners. Gamedip reserves all rights not expressly
granted in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying,
or distribution of User Submissions of third parties obtained
through the Website for any commercial purposes. If you download
or print a copy of the Content for personal use, you must retain
all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with
security related features of the Gamedip Website or features
that prevent or restrict use or copying of any Content or enforce
limitations on use of the Gamedip Website or the Content therein.
5. User Submissions
A. The Gamedip Website may now or in the future permit the submission
of games or other communications submitted by you and other users
("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether
or not such User Submissions are published, Gamedip does not
guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions
and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant
that: (i) you own or have the necessary licenses, rights, consents,
and permissions to use and authorize Gamedip to use all patent,
trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the
Website and these Terms of Service; and (ii) you have the written
consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness
of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated
by the Website and these Terms of Service. For clarity,
you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to Gamedip, you hereby
grant Gamedip a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions
in connection with the Gamedip Website and Gamedip's (and its
successor's) business, including without limitation for promoting
and redistributing part or all of the Gamedip Website (and derivative
works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Gamedip Website a non-exclusive
license to access your User Submissions through the Website,
and to use, reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as permitted through
the functionality of the Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove
or delete a User Submission from the Gamedip Website.
C. In connection with User Submissions, you further agree
that you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are
the owner of such rights or have permission from their rightful
owner to post the material and to grant Gamedip all of the license
rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage Gamedip or any third party; (iii) submit material
that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive,
or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise
inappropriate; (iv) post advertisements or solicitations of business:
(v) impersonate another person. Gamedip does not endorse
any User Submission or any opinion, recommendation, or advice
expressed therein, and Gamedip expressly disclaims any and all
liability in connection with User Submissions. Gamedip does not
permit copyright infringing activities and infringement of intellectual
property rights on its Website, and Gamedip will remove all Content
and User Submissions if properly notified that such Content or
User Submission infringes on another's intellectual property
rights. Gamedip reserves the right to remove Content and User
Submissions without prior notice. Gamedip will also terminate
a User's access to its Website, if they are determined to be
a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had
a User Submission removed from the Website more than twice. Gamedip
also reserves the right to decide whether Content or a User Submission
is appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene
or defamatory material, or excessive length. Gamedip may remove
such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof
and believe that any User Submission or other content infringes
upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
(ii) 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;
(iii) 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 the service provider to locate
the material;
(iv) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
(v) 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; and
(vi) 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.
Gamedip's designated Copyright Agent to receive notifications
of claimed infringement is: Tyson Daugherty, 221 Cumberland St.,
Brooklyn, NY 11205, email: copyright at Gamedip dot com. For
clarity, only DMCA notices should go to the Copyright Agent;
any other feedback, comments, requests for technical support,
and other communications should be directed to Gamedip customer
service through gamedip at gamedip dot com. You acknowledge that
if you fail to comply with all of the requirements of this Section
5(D), your DMCA notice may not be valid.
E. You understand that when using the Gamedip Website, you will
be exposed to User Submissions from a variety of sources, and
that Gamedip is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies you have
or may have against Gamedip with respect thereto, and agree to
indemnify and hold Gamedip, its Owners/Operators, affiliates,
and/or licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
F. Gamedip permits you to link to materials on the Website for
personal, non-commercial purposes only. In addition, Gamedip
provides an "Embeddable Player" feature, which you
may incorporate into your own personal, non-commercial websites
for use in accessing the materials on the Website, provided that
you include a prominent link back to the Gamedip website on the
pages containing the Embeddable Player. Gamedip reserves the
right to discontinue any aspect of the Gamedip Website at any
time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GAMEDIP WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMEDIP, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. GAMEDIP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE GAMEDIP WEBSITE. GAMEDIP DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
GAMEDIP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND GAMEDIP WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL GAMEDIP, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE GAMEDIP WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GAMEDIP SHALL NOT BE LIABLE
FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Gamedip from its facilities
in the United States of America. Gamedip makes no representations
that the Gamedip Website is appropriate or available for use
in other locations. Those who access or use the Gamedip Website
from other jurisdictions do so at their own volition and are
responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Gamedip, its
parent corporation, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from: (i) your use of and access
to the Gamedip Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the Gamedip
Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or
an emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set
forth in these Terms of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are
over the age of 13, as the Gamedip Website is not intended for
children under 13. If you are under 13 years of age,
then please do not use the Gamedip Website—there are lots
of other great web sites for you. Talk to your parents about
what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may
be assigned by Gamedip without restriction.
11. General
You agree that: (i) the Gamedip Website shall be deemed solely
based in New York; and (ii) the Gamedip Website shall be deemed
a passive website that does not give rise to personal jurisdiction
over Gamedip, either specific or general, in jurisdictions other
than New York. These Terms of Service shall be governed by the
internal substantive laws of the State of New York, without respect
to its conflict of laws principles. Any claim or dispute between
you and Gamedip that arises in whole or in part from the Gamedip
Website shall be decided exclusively by a court of competent
jurisdiction located in New York County, New York. These Terms
of Service, together with the Privacy Notice at http://www.Gamedip.com/t/press_roomivacy
and any other legal notices published by Gamedip on the Website,
shall constitute the entire agreement between you and Gamedip
concerning the Gamedip Website. If any provision of these Terms
of Service is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term
of this these Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and Gamedip's failure
to assert any right or provision under these Terms of Service
shall not constitute a waiver of such right or provision. Gamedip
reserves the right to amend these Terms of Service at any time
and without notice, and it is your responsibility to review these
Terms of Service for any changes. Your use of the Gamedip Website
following any amendment of these Terms of Service will signify
your assent to and acceptance of its revised terms. YOU AND GAMEDIP
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
GAMEDIP WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED
