Terms of Use
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PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official terms of use 'Agreement' for the GameplayKing.com, often referred to as 'we', 'us', 'our' or 'Site' throughout this Agreement. This Agreement does not cover your rights or responsibilities with respect to third party content or websites or any links that may direct your browser or your connection to third party websites or pages. These terms of use govern your use of our Site, all the web pages that are part thereof, all content, and services offered thereon.
Your use of our Site signifies that you agree to these terms of use and that you consent to our privacy policy (found below). If you do not agree to the terms of use and/or the privacy policy, we advise you to leave the Site immediately.
The words 'use' and/or 'using' in this Agreement mean any time an individual (a 'user'), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever.
1. REGISTRATION AND USE OF PASSWORD
We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site. Please read our privacy policy, which describes the personal information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your Agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the Gameplay King user submission Agreement, other additional terms, rules and privacy policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your Agreement with us.3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names, are the property of Gameplay King, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term 'Site' includes 'material' also. The Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any material without the express prior written consent of Gameplay King. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please contact us immediately.
4. ADVERTISING
From time to time, during your use of the Site, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners. All such communication, interaction and participation is between you and such advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertiser or any goods or services you may purchase or obtain from any advertiser).5. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may not appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called 'spamming' and 'phishing';
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- disrupt the normal flow of communities (communities defined below in Section 9) with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in communities;
- contact anyone who has asked not to be contacted;
- 'stalk' or otherwise harass anyone;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. USER SUBMISSION AGREEMENT
The term "User Material" means and refers to any and all content, media and materials you submit for posting or create by using the Site using any of the User Material submission features, including, without limitation, still photographs, writings, messages, user feedback, data, comments, suggestions, information, text, data, images, files, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. User Material is also considered a 'Posting', which shall apply to all User Material you submit or create on the Site pursuant to the terms and conditions of this Agreement for posting to the Site. User Material also includes games submitted via the 'Submit a Game' link on the Site. Each time you create, upload or submit User Material (or if you attempt to do so) you will be confirming your acceptance of, and Agreement to be bound by, all the terms and conditions of this Agreement. Instructions for uploading User Material can be found on the web page for the upload of User Material. To be considered for posting and display to the public, User Material must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Site's web page for the upload of User Material. In order to submit User Material, you will also need to meet our Age Requirements (see Section 8 below). When you submit User Material you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Material, length, your location and/or similar information. By submitting User Material, you are also agreeing and you understand that the term 'User Material' also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Material. Proof that you submitted User Material does not constitute proof that we received anything.7. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Gameplay King here by grants you the limited right to access, view and use the Site only for the purposes of accessing, viewing or playing content, posting or submitting User Material (as defined in the Gameplay King User Submission Agreement, Section 6 above), using the embedded link function or for accessing information, and services. Gameplay King reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Gameplay King. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Gameplay King, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.8. AGE REQUIREMENTS
By using the Site, you confirm that you are 13 years of age or older, if you are under 13 years of age, you are accompanied and directly supervised by a parent or legal guardian. If you are under 13 years of age and you are not being directly supervised by a parent or legal guardian, we advise you to leave the Site immediately. You agree that if your computer, internet-enabled device, internet connection, and/or facilities (whether owned, leased, or borrowed) access or assist users in accessing the Site or services, you will not allow or assist, knowingly or unknowingly, children under the age of 13 to access our Site or services. You agree that if you do allow or assist children under 13 years old to access the Site without a parent or legal guardian directly supervising them with your computer, internet-enabled device, internet connection, and/or facilities (whether owned, leased or borrowed), you will assume full liability for any consequences, that under no circumstances (including, but not limited to, negligence) will Gameplay King, any third-party content provider, or their respective agents be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of or inability to use the sites by users under 13 years of age, even if such party has been advised of the possibility of such damages.9. USER COMMUNICATION FEATURES AND POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities ('Communities') and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ('Post' or 'Postings') and (b) User Material. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, Gameplay King, or the affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; and/or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Site, Atom Entertainment, the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity (except for AG Uploads, as defined in the AddictingGames User Submission Agreement) in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, Atom Entertainment, the Parent Companies and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, User Material) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please contact us about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
10. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason by contacting us and we will further assist you on the situation. We may terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.11. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT GAMEPLAY KING SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.12. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site. We can not and will not be held responsible for anything that may happen once you have left our Site, as mentioned above in Section 11.13. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, Gameplay King, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.14. INTERNATIONAL USE
This Site is controlled and operated by Gameplay King which is based in England, United Kingdom. Gameplay King makes no representation that the Site, or related information offered by Gameplay King are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.15. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, GAMEPLAY KING, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS OR ADVERTISERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Privacy Policy
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We here at Gameplay King respect everybody's privacy and we are fully committed to protect your privacy while you are with us online. To further this commitment we have put together this policy which lets you, the user, know exactly what information we collect about you and how this is used. We would now like to expand further on what our privacy policies consist of.
This privacy policy applies to the Gameplay King website which is located at http://gameplayking.com only. When we use the terms 'we', 'us', 'our' or 'Site' throughout this policy, it means the Gameplay King Site. This policy only describes information taken from you through visiting our Site, additional information collected via emails or any other form of communication is not included in this.
This privacy policy is in affect as of the 1st March 2011. Any updates or changes made to this policy will be made visible on our 'News' section of our Site which is publicly accessible for every user to see. If we feel these changes will significantly impact everyone, an email will be sent to every registered user's email address in which they have saved on their account.
Information We Collect
As every user visits our Site certain information is collected from our passive tracking technologies. This information is non-identifiable such as your IP address, browser type and general Site usage such as pages visited and so on. We may store 'cookies' on your computer to help improve the use of our Site. A cookie is a small file that Sites often store on a user's computer. Our tracking software stores these cookies to track the information mentioned earlier, also if you may login to our Site a cookie will be stored to remember your login information to keep you logged in for up to one month.If you have an account on our Site, we store the information you provided upon successfully registering. This information consists of your full name, email address and so on. All the information you provide is kept securely on our database and is not shared with any third party websites.
How We Use This Information
Any non-identifiable information you may give through our tracking software will be used to improve the quality and design of our Site, also it will help us to modify or create new features throughout. Any information you willingly provide through an account on our site is used for entertainment purposes only, these are things such as creating your own public profile for others to see. You may also decide to keep all your information private from strangers if you wish.Opt Out
If you decide you don't want to receive emails from us anymore, at anytime you may click the 'Unsubscribe' link at the bottom of any email and you will be removed from our emailing list.If you wish to remove your account and have all information about you removed from our database, you can send us an email through our 'Contact Us' page and we will assist you through the full termination of you account.
