Terms of Service
LICENSE AND WEB SITE ACCESS
If you download, access or use software from this Web site, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Gamaya keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
INTELLECTUAL PROPERTY OF GAMAYA
This Web site and the Contents, and any compilation thereof, are the exclusive property of Gamaya, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and protected by United States and international copyright laws. By using the Services, you agree to abide by all additional copyright notices or restrictions contained in any of the Content accessed through the Services. All marks indicated on this Web site are trademarks and trade dress, as applicable, of Gamaya and may not be used in connection with any product or service that is not offered by Gamaya, in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages Gamaya. You may not use any Gamaya logo or any other proprietary graphic or trademark without express written permission. Periodically on this Web site, Gamaya makes fair use of trademarks owned and/or used by third parties. Any such marks are clearly noted, and Gamaya makes no claim to ownership of those marks.
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. GAMAYA MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GAMAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAMAYA DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM GAMAYA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAMAYA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
GAMAYA DOES NOT WARRANT THAT THIS WEB SITE, THE CONTENT, SOFTWARE OR ANY WEB SITE TO WHICH THIS WEB SITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
IN ADDITION, GAMAYA DOES NOT WARRANT THAT THIS WEB SITE OR THE SERVERS THAT MAKE THIS WEB SITE AND THE CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
RESTRICTIONS & PROHIBITED USES
You may not use the Web site in order to transmit, distribute, store or destroy material, including without limitation the Content (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful.
You agree that you shall not: (a) download or copy any Web site pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Web site for your own personal, non-commercial use; (b) download or copy Web site information for the commercial benefit of you or a third party; (c) make any resale or commercial use of this Web site or the Contents; (d) publish any collection or compilation of any product listings, descriptions, or prices; (e) create any derivative work of this Web site or the Contents; (f) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Web site and the information contained thereon; (g) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Gamaya or its licensors; or (h) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Gamaya or its licensors.
You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail. Gamaya will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
USER CONTENT AND SUBMISSIONS
You are solely responsible for your account information, posted content, blogs, messages or other information ("User Content") that you submit, publish or display (hereinafter, "post") on the Web site or transmit to other users. By posting User Content to the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Gamaya an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to display such User Content on the Web site. You understand that by using the Services that your User Content will be publicly available to others using the Services and that Gamaya has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your User Content.
The following is a partial list of User Content that is prohibited on the Web site. The list below is for illustration only and is not a complete list of all prohibited User Content:
Gamaya does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
All notices shall be in writing and shall be deemed to be delivered when e-mail to either parties' last known e-mail address. You hereby consent to notice by e-mail.