GarageGames.com Terms of Service
Last Revised: August 8, 2011
Description of Service
Welcome to GarageGames.com (the "Website"), an Internet service operated by GarageGames LLC. ("GarageGames"). The Website and all services offered on the website now or at any later date are referred to as the "Service."
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). High speed Internet access is strongly recommended. In addition, you are responsible for all equipment and software necessary to access and use the Service.
Acceptance of Terms of Services and Privacy Statement
By using the Service in any way, you agree to these terms (the "Terms of Service"). If you do not agree to these Terms of Service, you must refrain from using the Service. The Terms of Service include the terms set forth below and our Privacy Statement, which governs the collection and use of information about you. We may change the Terms of Service at any time.
Who May Use the Service
You must be at least 13 years of age to use the Service. If you are 13 years of age or older but a minor in your country/state of residence (for United States residents, 21 in Puerto Rico, 19 years of age in Alabama and Nebraska, and 18 in all other states), you should review the Terms of Service with your parents or legal guardian before registering to use the Service. We reserve the right to deny access to the Service and/or registration to any individual.
To gain access to certain features, you must register for the Service. To register, you must create an account by entering a valid email address and accurate, current and complete information about yourself as prompted by the online registration form. In addition, you must select a username and password. You may not select as your username the name of another living person (unless it is also your name), or a name that violates any third party’s trademark rights, copyright, or other proprietary right, or which we determine in our sole discretion to be offensive or inappropriate. You may not sell, exchange, trade or auction your account or username. Your password should be chosen carefully and not contain any personal or other information that may be easily guessed by anyone else. Keep your password private and never share it with anyone. Please note that no employee of GarageGames will ever ask you for your password.
You are solely responsible for all activity on your account and for the security of your password. If you are an individual, you will not allow any other person to access the Service through your account. If you are a business entity, you will not allow anyone other than an authorized employee access the Service through your account. You will immediately notify GarageGames of any unauthorized use of your password or account or any other breach of security by emailing legal@GarageGames.com. Please provide your username, the email address associated with the account, and details regarding the issue.
We offer software for license on the Website ("Licensed Software"). In order to use the Licensed Software, you must accept the end user license agreement ("EULA") presented to you at or before the time of installation. The Licensed Software will be governed exclusively by the EULA, not these Terms of Service. To the extent that you download or otherwise obtain Licensed Software from the Website that is not covered by a EULA, we hereby grant you, subject to these Terms of Service, a limited, non-exclusive, non-transferrable, non-assignable, non-sublicenseable right and license to use such Licensed Software for your personal or internal business use.
We may offer non-software merchandise for sale on the Website ("Merchandise"). All Merchandise will be provided to you at the price listed on the Website at the time of your purchase and shall be governed by these Terms of Service and any additional terms that we communicate to you at the time of purchase.
We offer, for a fee, support for certain of our Licensed Software ("Paid Support"). You may request Paid Support by submitting a written request containing complete and accurate information about your service needs. If we decide to offer Paid Support, we will send you a "Support Plan." To order Paid Support, you must accept the terms of the Support Plan and pay all fees set forth in the Support Plan. The Paid Support will be governed by the Support Plan and these Terms of Service.
We will use commercially reasonable efforts to perform the Paid Support described in the Support Plan in a professional and timely manner. Because any Support Plan contains certain assumptions about circumstances that are outside of our knowledge or control, we do not guarantee that all issues in the Support Plan will be, or are capable of being, resolved. We will not provide Paid Support for (a) software other than the Licensed Software including software developed using the Licensed Software; (b) Licensed Software that has been modified without our permission; (c) computer hardware or equipment; (d) general advice regarding software development; or (e) any issues outside of the scope of the Support Plan.
You are responsible protecting your own data and restoring or reconstructing any lost or altered data. We recommend that you implement a complete data backup and recovery plan. You will not provide us with any information that you consider to be a trade secret, and you alone are responsible for safeguarding your proprietary and confidential information. You shall only use Paid Support for your personal or internal business purposes. You may not assign Paid Support to any third party.
We may charge fees or other amounts to access certain aspects of the Service (such as paid support), Licensed Software, and Merchandise. We have no obligation to license or provide Licensed Software, Merchandise, or Paid Support unless and until we receive all fees. All amounts may be payable in advance and are not refundable in whole or in part unless you do not receive the product or service you ordered. You are fully liable for all charges under your account whether or not authorized by you. We reserve the right to change the prices listed on the Website.
You are responsible for the timely payment of all amounts and for providing us with a valid form of payment for all amounts. We may charge interest up to 1.5% per month or the maximum allowable by law (whichever is lower) on any unpaid amounts.
License to Use the Service
We hereby grant each user a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service (excluding the Licensed Software) for your personal or internal business use and subject to these Terms of Service. We may discontinue the Service, in whole or in part, to any user or to all users, at any time in our sole discretion. Any right that we do not expressly grant you in these Terms of Service are reserved to us.
The Service, Licensed Software (including without limitation all computer code, artwork, animation and audio-visual and other components), and the Merchandise, are owned by us and/or our licensors. You agree not to reproduce, distribute, publicly display or perform, import, transmit, broadcast, modify or prepare derivative works, reverse engineer, disassemble or decompile any part or all of the computer code, artwork, animation, audio-visual and other components of the Service or any software offered on it. You also agree not to violate or interfere with any of our or our licensors’ copyright, trademark, patent, or other proprietary rights.
The Service may provide links to other websites or services. These links are for your convenience only and should not be considered endorsed by us. We are not responsible for any content on any linked sites. Any fees, charges, or obligations you incur with third party websites or services are your sole responsibility.
Forums and Blogs
We make forums and blogs available to our community to provide a place to share development practices and knowledge. We do not endorse any comments made by users. We reserve the right to remove, edit, and moderate conversations. We also reserve the right to limit or terminate a user’s access to the forums for any reason.
User Generated Content
The Service provides users with opportunities to submit their own ideas, text, graphics, and other materials ("Content") while they are participating in forums, blogs, and other activities included in the Service. You may only transmit through the Service Content that you own or have a license or other legal right that would permit you to publish the Content through the Service. All Content transmitted through the Service is the sole responsibility of the sender. You have no expectation of privacy in Content that is transmitted through the Service (even if it is intended to be a private message).
We do not control the Content transmitted through the Service. Therefore, we do not guarantee the accuracy, integrity, or quality of such Content, and we will not be liable for any loss or damage of any kind incurred by you as a result of the use of any such Content.
You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Although we have no obligation to monitor or supervise the Content you or other users may post, we reserve the right to monitor or supervise such Content and to remove without notice any Content that we find offensive, indecent, or otherwise objectionable in our sole discretion. However, we will not be liable for any failure to remove or delay in removing offensive, indecent or otherwise objectionable Content.
We retain the right to preserve Content and disclose it if required to do so by law or in the good faith belief that such preservation and/or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that Content violates the rights of a third party; or (iv) protect the rights, property or safety of GarageGames, users of the Service or the general public.
Although we will not claim ownership in any Content you submit or make available for inclusion on the Service, by transmitting such Content through the Service you grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, license to publish, distribute, publicly perform or display, import, broadcast, transmit, reproduce, modify, sublicense, and make derivative works from such Content. If you provide suggestions for changes or improvements or other feedback about our products or services, we may use such feedback for any purpose without obligation of any kind.
We advise you against transmitting Content that includes any of your personal data (including IP address, email address, real name, telephone numbers, work place or residence addresses) in the Service’s forums, blogs, and any areas available to other users (the "Public Areas") because these areas are public. We will not be liable for any loss, damages or injury you may suffer as a result of your disclosure of such personal data in the Service’s Public Areas.
User Conduct Code
Online conduct should be guided by common sense and basic principles of etiquette. In addition, you are bound by local, state, and federal laws while using the Service. If you access the Service from countries other than the United States you are subject to the laws of those foreign countries where appropriate. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please be advised that we will cooperate with law enforcement for investigation and prosecution of illegal behavior.
You agree not to do any of the following in using the Service:
Upload, post, transmit, promote or distribute Content through the Service that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially or ethnically offensive, sexually explicit, invasive of another’s privacy or publicity rights, or otherwise objectionable (as determined by us in our sole discretion);
Upload, post or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party;
Upload, post or transmit any Content through the Service that you do not have a right to transmit;
Upload, post or transmit any Content through the Service that contains a virus, Trojan Horse, worm, bot, or corrupted data;
Upload, post or transmit through the Service any unsolicited advertising, promotional materials, junk mail, spam, chain letters, multilevel marketing, pyramid schemes or any other form of solicitation;
Use the Service in a manner that adversely affects the availability of its resources to other users;
Stalk, harass, threaten, embarrass or do anything else to another user that is unwanted;
Collect or store personal data or reveal personal data about another user without the express permission of such user;
Solicit personal data from a person under 18 years of age or harm a minor in any way;
Impersonate another user or administrator;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another person transmits through your account;
Circumvent or modify any security technology or software that is part of the Service or used to administer the Terms of Service; or
Provide false, fraudulent or misleading information in your communications with us.
Digital Millennium Copyright Act
GarageGames respects the intellectual property of others, and we ask users of our Service to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. We will remove infringing materials in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, if properly notified that content infringes a copyright.
IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, please provide GarageGames’s Copyright Agent with a written notification containing at least the following information:
an electronic or physical signature of the 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 Website, sufficient for us to locate the 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 that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
IF YOU BELIEVE THAT YOUR WORK HAS BEEN REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, please provide the GarageGames’s Copyright Agent with a written counter-notification containing at least the following information:
a physical or electronic signature of the user of the Service;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
the user’s name, address, telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who filed the takedown request or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that we may ignore such incomplete or inaccurate notices without liability of any kind.
UNDER THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
GarageGames’s Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications is:
7674 West Lake Mead Blvd, Suite 210
Las Vegas, Nevada 89128
Attention: Legal Dept. – Copyright Agent
WE EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SERVICE, LICENSED SOFTWARE, MERCHANDISE, OR PAID SUPPORT.
THE SERVICE, LICENSED SOFTWARE, MERCHANDISE, AND PAID SUPPORT ARE PROVIDED ON AN "AS IS" WITH ALL FAULTS AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATIONS, THE IMPLIED WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRIGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR, VIRUS OR BUG FREE, THAT DATA WILL NOT BE LOST, OR THAT ANY DEFECTS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE REMAINS WITH YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE OR ANY OTHER PERSON OR PARTY INVOLVED IN THE MARKETING OR PROVISION OF THE SERVICE, LICENSED SOFTWARE, MERCHANDISE, OR PAID SUPPORT BE LIABLE TO ANY OTHER PERSON OR PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM LOST BUSINESS, LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AND SUCH OTHER PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU TO GarageGames OVER THE COURSE OF THE SIX (6) MONTHS IMMEDIATELY PRECEDING A CLAIM OR U.S. FIFTY DOLLARS ($50.00).
Some jurisdictions do not allow the exclusion or limitation or consequential or indirect damages, so the above limitation may not apply to you.
You agree to defend, indemnify and hold harmless GarageGames, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys’ fees, arising from or related to your breach of the Terms of Service.
We reserve the right to terminate or suspend your use of the Service effective immediately and without prior notice for any violation of these Terms of Service or any other agreement between GarageGames and you. We also reserve the right to terminate the Service or any part of it or to discontinue offering any Licensed Software, Merchandise, or Paid Support at any time without further notice.
Our failure to comply with the Terms of Service because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control, shall not be deemed a breach of these Terms of Service.
Governing Law and General Provisions
The Terms of Service shall be deemed made in the State of Nevada and shall be governed by the laws of the State of Nevada without regard to conflicts of law principles. Any claim or dispute between you and GarageGames must be commenced in the state or federal courts located in Clark County, Nevada and you irrevocably submit to the exclusive jurisdiction of those courts. The Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHT TO A JURY TRIAL IN RESPECT OF ANY CLAIM OR CAUSE OF ACTION IN ANY COURT IN ANY JURISDICTION BASED UPON OR ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE.
If any provision of the Terms of Service is found invalid or unenforceable, it shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. The Terms of Service constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof.
© 2011 GarageGames LLC. All rights reserved.