TERMS OF USE
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE GAS POWERED GAMES CORP.'S WEBSITES. BY ACCESSING ANY OF THE WEBSITES YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE WEBSITES.
AMENDMENTS
Gas Powered Games Corp. (hereinafter "Gas Powered Games") may amend these Terms of Use at any time by posting a new Terms of Use in place of this one. Gas Powered Games will post notice that the Terms of Use has been amended on its main website located at www.gaspowered.com. The amended Terms of Use shall automatically be effective when posted. Your continued use of Gas Powered Games' websites following the posting of the amended Terms of Use and notice shall mean that you accept the terms of these Terms of Use as amended. If you do not agree with any of the terms of the amended Terms of Use then you must terminate all use of Gas Powered Games' websites. These Terms of Use may not otherwise be amended.
ACCESS
In order to access and use any of Gas Powered Games' websites you agree to abide by the terms and conditions of these Terms of Use. Any other access or use shall constitute a trespass on Gas Powered Games' computer systems, shall constitute an infringement of Gas Powered Games' intellectual property and an unlawful use of Gas Powered Games' assets.
Certain portions of Gas Powered Games' websites require you to have an account. This may require you to provide some personal information to Gas Powered Games. You agree to (a) provide true, accurate, current and complete information about yourself as requested and (b) promptly update this information as required to keep it true, accurate, current and complete. Information on Gas Powered Games' Privacy Policy can be found at http://www.gaspowered.com/privacy.
Gas Powered Games has the right, in Gas Powered Games' sole discretion, to suspend or terminate your current and future access and use of its websites in the event Gas Powered Games reasonably believes that you are conducting yourself or providing information in a manner which is in breach of these Terms of Use.
USER CONDUCT
Gas Powered Games is very concerned about the privacy and safety of all users, especially children.
You shall not:
(a) submit any information, content or link to any content, information, ware or service which is obscene, uses profanity or contains pornography of any kind;
(b) use Gas Powered Games' websites to mislead, commit any dishonest act, act of fraud or any act which infringes any third party rights;
(c) submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
(d) submit any information or link to any material which is defamatory, libelous, harassing or threatening of or to any person or organization;
(e) submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
(f) submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
(g) undertake any activity which creates liability or damage or potentially creates liability or damage to Gas Powered Games or its computer systems or its service providers; or
(h) send unsolicited e-mail to other users excluding private messaging via the community site.
You agree not to use any spider, robot or other automatic means to search or monitor the content of Gas Powered Games' websites. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with Gas Powered Games' software or websites or their use by any other user. You agree not to cause any unreasonable burden or load on Gas Powered Games' software or its computer systems.
SERVICES
You agree that Gas Powered Games will not be liable for any delay or unavailability of any of Gas Powered Games' websites or related services, whether due to an act or omission of Gas Powered Games or an act or omission of any third party.
USER SUBMISSIONS
Gas Powered Games may make available to you the ability to submit information and links to the websites. This includes the submission of links to the Links Directory. You agree that all of your submissions will be in compliance with these Terms of Use.
All submissions may be subject to review by Gas Powered Games prior to the information or link being posted to the websites. Gas Powered Games may refuse to post any information or link and may remove the same for any reason, in its sole discretion.
Gas Powered Games' posting of any information or link does not mean that Gas Powered Games agrees that the information or link complies with these Terms of Use or that Gas Powered Games agrees with the content of the information or link.
Further, Gas Powered Games will not accept any information, submission or content which has any terms of use attached which is different from the terms contained herein. Gas Powered Games will not accept nor adhere to any such terms of use.
While Gas Powered Games may review each submission, it does not thoroughly review the information or the third party website that a link may resolves to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding Gas Powered Games' review, you agree to indemnify Gas Powered Games and other users for any loss or damage that Gas Powered Games or any user may suffer as a result of the posting of any information or link that you submit, including, but not limited to, any claims of loss or damage relating to copyright or trademark infringement.
AUTHORIZED USAGE OF CONTENT
With respect to any material or content posted or contributed the Gas Powered Games website, by accepting these terms of use, you hereby expressly grant to Gas Powered Games a worldwide, non-exclusive, perpetual, irrevocable royalty free license to: (a) make, use copy, modify, create derivative works based on, such material or content; (b) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, sell, rent, lease or lend copies of such material or content; and (c) sublicense to third parties the foregoing rights.
UNSOLICITED GAME IDEA SUBMISSIONS
Gas Powered Games has a strict non-acceptance policy towards game design submissions and proposals. We appreciate the time that you have spent on your idea, but any unsolicited submissions sent to Gas Powered Games will be destroyed upon receipt.
CONTENT
Some information or links posted to Gas Powered Games' websites may be offensive to you or incorrect or misleading.
Some portions of the Websites allow users to post information including links to other resources on the Internet. Some of this information may be reviewed by Gas Powered Games prior to its posting. However, even if Gas Powered Games reviews and posts a submission to its website it does not mean Gas Powered Games endorses the same. All such postings remain the sole responsibility of the person who submitted such information or link. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been submitted and posted. Under no circumstances will Gas Powered Games be liable in any manner for the same.
Gas Powered Games may change, add to or delete from its websites at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.
INTELLECTUAL PROPERTY
Gas Powered Games has certain protectable proprietary rights in its software and websites, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the Gas Powered Games websites other than for personal use.
WARRANTY DISCLAIMER
THE GAS POWERED GAMES WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. GAS POWERED GAMES MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE GAS POWERED GAMES WEBSITES MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. GAS POWERED GAMES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.
LIMITED LIABILITY
IN NO EVENT SHALL GAS POWERED GAMES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE GAS POWERED GAMES WEBSITES HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF GAS POWERED GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to hold Gas Powered Games, its employees, officers, directors, agents and other partners from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from any information submitted, posted, transmitted or otherwise made available through our websites, your use of our websites, or your violation of these terms of use.
NO AGENCY
The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by these Terms of Use and neither party shall state or imply anything to the contrary. The links posted to the Links Directory are not affiliated with Gas Powered Games, whether by partnership or otherwise.
NO WAIVER
Gas Powered Games' failure to insist upon or enforce strict compliance with any provision of these Terms of Use shall not be construed as a waiver of any provision or right of the same or different type in the future.
ENTIRE TERMS OF USE
The terms and conditions set out in these Terms of Use constitute the entire terms and conditions with respect to the use of Gas Powered Games' software, websites, the Links Directory and the relationship between the parties. No representative of Gas Powered Games is authorized to amend the terms of these Terms of Use. Amendments shall only be effective as provided in these Terms of Use.
TERMINATION
Notwithstanding the termination of these Terms of Use for any reason, the provisions of these Terms of Use relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.
GOVERNING LAW
This Terms of Use, the relationship between you and Gas Powered Games and your use of Gas Powered Games' websites, the Links Directory and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the State of Washington and those of the United States applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Gas Powered Games which in any way concerns these Terms of Use or the use of Gas Powered Games' websites shall be brought exclusively in the courts of the State of Washington. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Gas Powered Games is headquartered in Redmond, Washington.
SEVERABILITY
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be severed from these Terms of Use and the remaining provisions shall remain in full force and effect.
HEADINGS
Headings are for reference purposes only and shall not be used in the interpretation of these Terms of Use.
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