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Wednesday, 11 October 2006 22:13

TERMS OF USE

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

The following terms of use ("Terms of Use") are the terms of a legal agreement between you, on the one hand, and GamePea Inc.(hereinafter referred to as "GamePea"), on the other hand. The GamePea web site is comprised of various web sites and web pages owned and/or controlled and operated by GamePea (collectively, the "Site").The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Site. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE SITES. In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes or conduct and/or guidelines contained within any particular Site, then these Terms of Use shall control; provided that in the event any subscription to a game, the particular terms of service and play for that game shall control.

 

 

      I. REFUNDS POLICY GamePea products can be selected as downloadable software from our online store. GamePea assumes no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 1 days after the purchase date for any reason ("Purchaser Errors"). GamePea shall not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Site. Although GamePea will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, GamePea shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Site, please contact the GamePea technical team at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . In no event shall GamePea be liable for any defects or other problems associated with downloads or purchases through the Site. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.

 

 

      II. MEMBER ACCOUNT, PASSWORD, AND SECURITY

      If the Site, or any product or service offered through the Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify GamePea immediately of any unauthorized use of your account or any other breach of security. GamePea will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GamePea or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

 

      III. RULES OF CONDUCT

      In addition to the limitations set forth in the Terms of Use, you will violate the Terms of Use if you (or others using your Account) do any of the following: Transmit or facilitate distribution of content that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Attempt to acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user on the Sites. Upload or distribute any software or content that you do not own or have permission to freely distribute. Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software. Upload files that contain a virus or corrupted data. Improperly use the in game support or complaint buttons or make false reports to GamePea staff members.Violate the terms of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

 

      IV. ILLEGAL BEHAVIOUR

      Illegal behaviour involving the use of the Site shall be grounds for the termination of a Member's account. GamePea shall fully cooperate with law enforcement officials on such matters and prosecute such offences to the full extent of the law.

 

      V. INDEMNIFICATION

      You agree that you will be personally responsible for your use of the Site, and that you will indemnify, defend and hold harmless GamePea, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by GamePea in connection with your use or alleged use of the Site, including your conduct. GamePea reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GamePea's defense of such claim.

 

      VI. THIRD PARTY SITES

      The Site may contain links to third party web sites ("Linked Sites"). These Linked Sites are not under the control of GamePea and GamePea is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. GamePea is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is GamePea responsible if the Linked Site is not working appropriately. GamePea.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GamePea.com of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. GamePea shall not be responsible or liable for any part of any such dealings or promotions.

 

      VII. INTELLECTUAL PROPERTY

      The Site, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Site and each area contained therein are the property of GamePea and/or third-party content providers. GamePea owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Site (including, without limitation, content that GamePea enables you to download) without the express written permission of GamePea and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Site is allowed by you only for your own use. You acknowledge that the GamePea and/or third-party content providers remain the owners of all materials posted on the Site, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

 

      VIII. COPYRIGHT NOTICE

      All content and software ("Software") (if any) that is made available to view and/or download in connection with the Site is owned by and is the copyrighted work of GamePea and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, GamePea hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

      IX. TRADEMARK NOTICE

      GamePea, GamePea.com, and the logo GamePea are trademarks or registered trademarks of GamePea in the US and/or other countries. All other names of companies and products mentioned herein may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with permission from GamePea or their respective owners. All rights not expressly granted herein are reserved.

 

 

      X. SUPPORT

      Subject to the other provisions of the Terms of Use, GamePea will attempt to help you with any queries or problems that you may have with the Site or any of your purchases through the Site. To reach our customer support team, please e-mail us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.

 

      XI. SUBMISSIONS

      GamePea is pleased to hear from their customers and welcomes their comments regarding GamePea's services and the Site. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by GamePea's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of GamePea. None of the Submissions shall be subject to any obligation of confidence on the part of GamePea, and GamePea shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, GamePea shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

 

      XII. PRIVACY POLICY

      GamePea is dedicated to protecting your personal information. See our Privacy Policy for more information.

 

      XIII. MODIFICATION OF THESE TERMS OF USE

      GamePea reserves the right to modify these Terms of Use, including but not limited to the charges associated with the use of the Site or any products sold therein. You are responsible for regularly reviewing these Terms of Use and additional terms posted on the Site. Your continued use of the Site constitutes your agreement to all such terms, conditions, and notices.

 

      XIV. GENERAL TERMS AND CONDITIONS

      These Terms of Use are governed by the laws of the State of California. You hereby irrevocably consent to the exclusive jurisdiction of courts of the State of California located in the county of Los Angeles in all disputes arising out of or relating to the use of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GamePea as a result of this agreement or use of the Site. GamePea reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission if GamePea has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of GamePea or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. GamePea's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GamePea's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GamePea with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and GamePea with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GamePea with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

      XV. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. GamePea AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. GamePea AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GamePea AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GamePea AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GamePea OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

 
Last Updated ( Tuesday, 11 November 2008 02:17 )