Terms of Use
This
web site is operated by Game Cinema HD, Inc. ('GCHD').
The web site address for GCHD is http://www.gamecinemahd.com
(the 'Site').
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. By using this site, you signify your agreement to these terms
of use. If you do not agree to these terms of use, please do not use
the Game Cinema HD ('GCHD') web site. We reserve the
right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms for changes.
Your continued use of this site following the posting of changes to
these terms will mean you accept those changes. This Agreement
describes the terms and conditions applicable to your use of any and
all products and services at or from the Site. If you have any
questions regarding this Agreement, you may contact us at:
contact@gamecinemahd.com.
1. COPYRIGHTS, TRADEMARKS AND
SOFTWARE. All materials contained on our web site are the
copyrighted property of GCHD, The Ad Option Media Brokerage LLC
('TAO'), or its or their subsidiaries or affiliated
companies and/or third-party licensors. All trademarks, service
marks, and trade names are proprietary to GCHD, TAO, their affiliates
or licensors. No material from our web site may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, noncommercial
home use only, provided that (i) you keep intact all copyright and
other proprietary notices, (ii) you make no modifications to the
materials, (iii) you do not use the materials in a manner that
suggests an association with any of our products, services, or
brands, and (iv) you do not download quantities of materials to a
database that can be used to avoid future downloads from any other
GCHD or TAO web site. For purposes of these terms, the use of any
such material on any other Web site or computer environment is
prohibited. All trademarks, service marks, trade names, and trade
dress are proprietary to GCHD or TAO.
In
the event you download software from our web site, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
'Software') are licensed to you by us or third-party
licensors for your personal, noncommercial home use only. We do not
transfer title to the Software to you. You own the medium on which
the Software is recorded, but we (or our third-party licensors)
retain full and complete title to the Software and all intellectual
property rights therein. You may not redistribute, sell, de-compile,
reverse engineer, disassemble, or otherwise reduce the Software to a
human-readable form.
2.
PASSWORDS. Access to certain services on our web site may
require a password. Upon your registration, We will assign you a
password to access our services through the web site.
3.
INFORMATION YOU PROVIDE TO US. When using our web site, you may
be prompted to disclose certain information about yourself. For
complete details on our use of your information, please see our
privacy
policy.
You promise that all information you provide will be accurate,
current and truthful to the best of your knowledge. If you provide
any information that is untrue, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to refuse
any all current or future use of our services (or any portion
thereof) by you. You are responsible for any use of services by
persons to whom you intentionally or negligently allow access to your
password.
4.
YOUR USE OF OUR PRODUCTS OR SERVICES. It is agreed that your use
of our services is for your personal use. We reserve the right to
revoke your access at any time.
5.
ONLINE CONDUCT. Online conduct should be guided by
common sense and basic etiquette. The laws that apply in the offline
world must be obeyed online as well. We have zero tolerance for
illegal behavior on our Site. You must also obey rules for use of
third party tools, and rules of interactive service providers, state,
local, federal laws, or foreign or international law where
appropriate. Ignorance of the law is no excuse. We terminate use of
our Site and cooperate with law enforcement for illegal behavior.
You
agree that you will be personally responsible for your use of our
Site and for all of your communication and activity on the Site,
including any content you contribute, and that you will indemnify and
hold harmless GCHD, TAO., their affiliates, employees, officers, and
directors from any liability or damages arising from your conduct on
our Site, including any content that you contribute.
You
will violate the Terms of Use if you (or others using your Account)
do any of the following:
Post,
transmit, promote, or distribute content that is illegal
Harass,
threaten, embarrass, or do anything else to another user that is
unwanted. This means: don't say bad things about them, don't keep
sending them unwanted messages, don't attack their race, sexual
orientation, religion, heritage, etc. If you disagree with someone,
respond to the subject, not the person.
Transmit
or facilitate distribution of content that is 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. Hate speech
is not tolerated.
Disrupt
the flow of chat in chat rooms with vulgar language, abusiveness,
hitting the return key repeatedly or inputting large images so the
screen goes by too fast to read, use of excessive shouting [all
caps] in an attempt to disturb other users, 'spamming'
or flooding [posting repetitive text].
Impersonate
another person (including celebrities), indicate that you are a GCHD
employee or a representative of ours, or attempt to mislead users by
indicating that you represent GCHD, TAO or any of our partners or
affiliates.
Attempt
to get a password, other account information, or other private
information from any other user on our Site. Remember: our employees
will NEVER ask for your password. Don't give your password, reminder
words, or billing information out to anyone.
Upload
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.
Post
messages for any purpose other than personal communication,
including without limitation advertising, promotional materials,
chain letters, pyramid schemes, or make any commercial use of our
Site.
You may not modify any
part of the Service or any Service Web Site that EA does not
specifically authorize you to modify.
You must obey all
applicable laws, regulations and rules wherever you are on the Site.
This includes rules for use of third-party technology and content,
rules of interactive service providers, and federal, state, local and
foreign laws where applicable. Ignorance of the law is no excuse.
The laws that apply in the offline world must be obeyed online as
well. We have zero tolerance for illegal behavior on the Site.
We will cooperate with law enforcement in such matters.
If
you encounter another user of the Site who is violating any of the
Rules of Conduct described above, please notify us at
contact@gamecinemahd.com
5.
WARRANTIES. GCHD, TAO, AND/OR THEIR RESPECTIVE THIRD PARTY
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THIS SITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS
ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. WE
AND/OR OUR RESPECTIVE THIRD PARTY SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. WE AND/OR OUR RESPECTIVE THIRD PARTY
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
6.
LINKS TO THIRD PARTY SITES. The links in the web site may let you
leave our web site. The linked sites are not under our control and we
are not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites.
We are not responsible for webcasting or any other form of
transmission received from any linked site. We are providing these
links to you only as a convenience, and the inclusion of any link
does not imply endorsement by us of such linked site. Please
exercise discretion while browsing the Internet. You should be aware
that when you are on our web site, you could be directed to other
sites that are beyond our control. There are links to other sites
from our web pages that take you outside of our Site. For example, if
you click on a banner advertisement or a search result, the click may
take you off our Site. This includes links from advertisers,
sponsors, and content partners that may use our logo(s) as part of a
co-branding agreement. These other sites may send their own cookies
to users, collect data, solicit personal information, or contain
information that you may find inappropriate or offensive. In
addition, advertisers on our sites may send cookies to users that we
do not control.
We
reserve the right to disable links from third-party sites to our
site.
We
make no representations concerning the content of sites mentioned on
our Site. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality, or decency of
material contained in sites listed in our search results or otherwise
linked to our site.
Please
keep in mind that whenever you give out personal information online
--- for example, via message boards or chat --- that information can
be collected and used by people you don't know. While we strive to
protect your personal information and privacy, we cannot guarantee
the security of any information you disclose online; you make such
disclosures at your own risk.
7.
CHILDREN. We encourage parents to spend time online with
their children. Some of the content on our Site may not be suitable
for children under a certain age. We urge parents to advise their
children not to give out their real name, addresses or telephone
numbers without permission from their parents. No information should
be posted or submitted to us by children 12 years of age or under.
We require the prior written permission or other verifiable consent
from a parent or guardian of all children under the age of 13 to use
our Site. Children under the age of 13 may not participate in
certain areas of our Site. In some cases, we may not permit children
under 14 or 18 years of age to participate in certain areas of our
Site.
If
for any reason you are concerned that your child's Personal
Information maintained by us is not correct or complete, or if you
would like your child's Personal Information deleted from our
records, please contact privacy@gamecinemahd.com.
8.
COOKES AND OTHER TECHNOLOGIES. We use cookies and other
technologies to passively collect demographic information,
personalize your experience on our Site and monitor advertisements
and other activities. Cookies are small files downloaded to your
computer to track movements within web sites. We may use cookies to
deliver content specific to your interest and for other purposes. We
may collect information on what trailers are being viewed, how much
time is spent viewing trailers, and which ads or links are clicked.
We may link cookie information to Personal Information.
Some
of our Sites display advertisements. These ads may contain cookies.
Cookies received with banner ads are collected by our ad companies.
Most browsers are automatically set to accept cookies whenever you
visit a website. You can disable cookies or set yor browser to alert
you when cookis are being sent. However, some areas of our Site may
not function properly if you do so.
Other technologies used include clear GIFs and IP
address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are
small graphic images placed on a web page, web-based document, or in
an e-mail message. Clear GIFs are invisible to the user because they
are typically very small (only 1-by-1 pixel) and the same color as
the background of the web page, document or e-mail message. We do not
use clear GIFs to collect personal information about you. However, we
may use clear GIFs to capture statistical usage information for our
web pages, features or other elements on a web page. We may correlate
this information to a user to personalize user experience and for
statistical analysis of user experiences on our web pages.
We
also maintain log files which contain Internet Protocol ('IP')
addresses. An IP address is a numeric address that is assigned to
your computer by your Internet Service Provider. In general, we only
use log files to monitor traffic on our Web sites, to report
aggregate information to our advertisers and to troubleshoot
technical problems. In the event of user abuse of our websites,
however, we may block certain IP addresses or console IDs provided by
our licensed hardware manufacturers. IP addresses and console IDs may
be used to personally identify you in order to enforce our Terms of
Service.
9.
GENERAL PROVISIONS. You acknowledge and agree that the products
and services on our Site are provided to you on an 'AS IS'
basis without any warranty whatsoever, and your sole and exclusive
remedy, and our sole obligation to you or any third party for any
claim arising out of your use of our products or services or our web
site, is that you are free to discontinue your use of the services or
the web site at any time. WE EXPRESSLY DISCLAIM ANY IMPLIED
WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL
LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF
THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO
NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
We
explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from our
site. We cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to
or from our site or third-party content on our sites. We do not
endorse any of the merchandise or services offered on our site, nor
have we taken any steps to confirm the accuracy or reliability of,
any of the information contained in such third-party sites or
content. We do not make any representations or warranties as to the
security of any information (including, without limitation, credit
card and other personal information) you might be requested to give
any third-party, and you hereby irrevocably waive any claim against
us with respect to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction
with any of these third parties.
You
agree to indemnify GCHD, TAO, and their respective subsidiaries,
affiliates, officers, employees, agents, co-branders, and other
partners and hold them each harmless from any and all claims or
demands, including attorney's fees, made by any third party due to or
arising from your use of our products or services or connection to
our web site or your violation of the Terms and Conditions, or
arising from your violation of any rights of a third party.
These
terms are effective until terminated by either party. You may
terminate these terms at any time by discontinuing use of our site
and destroying all materials obtained from our sites and all related
documentation and all copies and installations thereof, whether made
under these terms or otherwise. Your access to any and all of our
Sites may be terminated immediately without notice from us if in our
sole discretion you fail to comply with any term or provision of
these terms. Upon termination, you must cease use of our site and
destroy all materials obtained from such site and all copies thereof,
whether made under these terms or otherwise.
The
Terms and Conditions will inure to the benefit of GCHD's and
TAO's successors, assigns and licensees.
If
any provision of these Terms and Conditions shall be deemed unlawful,
void or unenforceable, for any reason, by any court of competent
jurisdiction that provision shall be stricken and shall not affect
the validity and enforceability of the remaining terms.
The
failure of GCHD or TAO to exercise or enforce any right or provision
of the Terms and Conditions shall not constitute a waiver of such
right or provision.
You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of our
services or the Terms and Conditions must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The
section titles in the Terms and Conditions are for convenience only
and have no legal or contractual effect.
These Terms and Conditions are
governed by the laws of the Commonwealth of Kentucky as such laws are
applied to agreements entered into and to be performed entirely in
the Commonwealth of Kentucky and between Kentucky residents. You
agree to submit to jurisdiction in Kentucky and that any claim
arising under these Terms and Conditions will be brought solely in a
court in Fayette County, Kentucky.