GCHD - GameCinemaHD
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.