Terms of Use
LAST UPDATE: May 19, 2020
THIS WEBSITE IS OWNED AND OPERATED BY GAMEABOVE AND ITS AFFILIATES ("WE", “OUR” AND "US"). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES AND WEB PAGES (COLLECTIVELY, THE "SITE") ARE PROVIDED BY GAMEABOVE TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE.
These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor ("you") and GameAbove with respect to your use of this Site. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all your obligations hereunder.
We reserve the right at any time to change: (i) these Terms of Use; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; and (iii) the equipment, hardware or software required to use and access this Site.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.
You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.
1. JURISDICTION
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.
2. DISCLAIMERS
GameAbove shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by GameAbove are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
3. PRIVACY
GameAbove is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site. Please see our Privacy Policy for further information.
4. USER CONTRIBUTIONS
The Site may allow you to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“User Content”), which may be accessible and viewable by other users of the Site and used by GameAbove in providing you services and products. You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy and your right to publish it. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by GameAbove.
You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected harm any person or entity (such User Content, “Offensive User Content”), whether or not such material is protected by law. You agree that you will not use your Account or any Site to publish or disseminate, or allow any other person to use your Account to publish, republish, or disseminate, any Offensive User Content, nor us profanity in any posting to any Site.
You may also expose yourself to liability to GameAbove or third parties if, for example, you hold an Account and User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with GameAbove or any third party, or write defamatory or inflammatory comments through the Site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.
We may use your User Content in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your User Content for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably granter the users of the Site the right to access your User Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against GameAbove and its users, any claims and assertions of moral rights or attribution with respect to User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.
We reserve the right to remove, screen, edit, or reinstate your User Content from time to time at our sole discretion and without notice to you. By submitting User Content to GameAbove through its suggestion or feedback webpages, via email, or otherwise, you acknowledge and agree that: (a) User Content does not contain confidential or proprietary information; (b) GameAbove may have something similar to the User Content already under consideration or in development; (c) We have no obligation to retain or provide you with copies of user Content, nor do we guarantee any confidentiality with respect to your User Content.
5. PERSONAL USE ONLY
This Site is only for personal or internal business use. You may not use this Site in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
6. CODE OF CONDUCT
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of GameAbove's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.
7. COPYRIGHT INFRINGEMENT
If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:
A physical or electronic signature of the copyright owner or 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, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:
Email: info@gameabove.com
The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/or content, will not receive a response through this process.
8. AVAILABILITY
While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.
9. CURRENCY OF WEBSITE
GameAbove updates the information on this Site periodically. However, GameAbove cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. GameAbove may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
10. LINKED WEBSITES
This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that GameAbove monitors or endorses these websites or their respective practices. GameAbove does not accept any responsibility for such websites. GameAbove shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites.
11. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
GameAbove shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site. GameAbove recommends that you install appropriate anti-virus or other protective software.
12. OUR MATERIALS
This Site is owned and operated by GameAbove in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of GameAbove and its licensors. ALL RIGHTS RESERVED.
GameAbove may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "GameAbove Materials") available to you from this Site, from time to time. If you download or use GameAbove Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without GameAbove 's prior written permission, and (iii) shall only be used in compliance with any additional license terms accompanying such materials. GameAbove does not transfer either the title or the intellectual property rights to the GameAbove Materials, and retains full and complete title to the GameAbove Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the GameAbove Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled GameAbove Materials into a human-perceivable form. GameAbove or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
All rights not expressly granted herein are reserved by GameAbove. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Site, (including its organization and presentation and GameAbove Materials) is the property of GameAbove and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
13. DISCLAIMER OF WARRANTIES
THIS SITE, THE SERVICES GAMEABOVE PROVIDES, AND THE GAMEABOVE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GAMEABOVE DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR THE GAMEABOVE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
14. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE GAMEABOVE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL GAMEABOVE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE GAMEABOVE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. INDEMNIFICATION
You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; (2) your use of this Site; or (3) your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party. GameAbove reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of GameAbove. This indemnification section will survive any termination or expiration of these Terms of Use.
16. CONTACTING GAMEABOVE
If you need to contact us regarding this Site or these Terms of Use, please e-mail us at info@gameabove.com.
17. MISCELLANEOUS
These Terms of Use are governed by and construed in accordance with the laws of the State of Florida and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in the city of Fort Myers, Florida, United States of America, in any matter arising from or related to these Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with GameAbove’s prior written consent. These Terms of Use provide only for the use of this Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.