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Terms of Use

Welcome to the web site operated by GameDaily. (the “Company"), accessible at https://gamedaily.io. “Site" means web sites of the Company and its affiliates, including any web sites on which these terms and conditions of use are posted. The “Site" may include access to virtual environments, games and other content, as well as downloadable software or applications for use on personal computers, tablets, mobile devices or phones. All users of the Site are subject to the following terms and conditions of use (these “Terms of Use").

We may revise and update these Terms of Use at any time without notice by posting the amended terms to this Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

1. USE OF THE SITE

You agree to use the Site only for lawful purposes:

(a) Specifically you agree not to do any of the following:

  • (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
  • (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
  • (3) intercept or attempt to intercept electronic mail not intended for you;
  • (4) misrepresent an affiliation with any person or organization;
  • (5) upload to or transmit on the Site any advertisements or solicitations of business;
  • (6) restrict or inhibit use of the Site by others;
  • (7) upload or otherwise transmit files that contain a virus or corrupted data;
  • (8) collect information about others (including e-mail addresses) without their consent;
  • (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site);
  • (10) post “spam," transmit chain letters or engage in other similar activities;
  • (11) solicit, provide or exchange any personal information, including but not limited to user names or passwords;
  • (12) “stalk," “phish," abuse or harass another user, or attempt to do any of the foregoing; or
  • (13) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct and policies applicable to the Site or any service available on the Site.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Site. You grant to the Company the royalty-free, irrevocable, perpetual, transferable and world-wide right and license to use all content you upload or otherwise transmit to the Site in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) Except as expressly authorized by the Company in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (i) any part of this Site or its content, (ii) access to this Site or (iii) use of this Site or of any services or materials available through this Site, including, without limitation, by leasing access to the Site (e.g., at a cyber café), gathering and selling virtual items, codes, pre-paid game cards, or virtual currency through the Site, or otherwise.

(d) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments (including any material that the Company has reason to believe constitutes, or for which the Company has received notice of its constituting, a copyright infringement); (2) monitor and/or record communications between and among users on the Site; and (3) terminate any user’s access to all or part of the Site. However, the Company can neither review all material or communication before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.

2. MISCELLANEOUS

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You agree and acknowledge that your violation of any restrictions in these Terms of Use on the use of the Site, Site Content, or software or services available on or through the Site, or your use or disclosure of Confidential Information in a manner inconsistent with the provisions of these Terms of Use, may cause the Company irreparable damage for which remedies at law may be inadequate. You agree that, in the event of your unauthorized use of the Site, Site Content, software and services, or your unauthorized disclosure of Confidential Information, the Company will be entitled to injunctive relief, in addition to such other legal and equitable remedies that may be available. The Company’s licensors and contractors are express third party beneficiaries of any terms in these Terms of Use that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all of your applicable representations, warranties, covenants, indemnifications and obligations under these Terms of Use.

If any part of these Terms of Use is unenforceable (including, without limitation, any part of the binding arbitration provision above), the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

The terms related to protection of the Company’s intellectual property rights, disclaimer of warranties limitation of liability, choice of law and binding arbitration, indemnification obligations and any licenses granted by you to the Company shall survive any termination of these Terms of Use.

The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.