Terms of Service
Your Acceptance
By using or visiting the GameWoof website or any GameWoof products, data feeds, and services provided to you on, from, or through the GameWoof website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) GameWoof’s Privacy Policy, found at http://gamewoof.com/privacy-policy-dmca-copyright-agent/ and incorporated herein by reference, and (3) GameWoof’s Community Guidelines, found at [COMMUNITY POLICY LINK] and also incorporated herein by reference. If you do not agree to any of these terms, the GameWoof Privacy Policy, or the Community Guidelines, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://gamewoof.com/terms-of-service/. GameWoof may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Ability to Accept Terms of Service
You may not use the Service if you are under the age of 13, nor may you enable users under the age of 13 to use the service. Any use or registration by any user under thirteen (13) years of age is expressly prohibited.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
Service
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of GameWoof, including but not limited to all products, software and services offered via the GameWoof website.
Users who are also featured Authors have additional Terms of Service, available through the Contributors Panel.
The Service may contain links to third party websites that are not owned or controlled by GameWoof. GameWoof has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GameWoof will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve GameWoof from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
GameWoof Network Accounts
In order to access some features of the Service, you will have to create a GameWoof Network account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GameWoof immediately of any breach of security or unauthorized use of your account.
Although GameWoof will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GameWoof or others due to such unauthorized use.
SHARING YOUR CONTENT
1) Your content. GameWoof allows you to post content on the Service, including comments, messages, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” YOU RETAIN OWNERSHIP OF YOUR USER CONTENT.
2) Nothing in this Agreement shall restrict GameWoof’s rights under separate licenses to User Content.
3) How GameWoof and other Users can use your content. You own all of the User Content that you post or publish (“post”) on the Service. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users.
4) Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. GameWoof reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. GameWoof takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. GameWoof is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that GameWoof shall not be liable for any damages you allege to incur as a result of such User Content
5) Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
6) User Content Programs. We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which GameWoof may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and GameWoof. While GameWoof may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that GameWoof does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions GameWoof may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Service. You are not required to implement any suggestion made by GameWoof regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that GameWoof does not participate in the creation of any of your User Content.
7) Limited Use Of Service. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
8) No Spam. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any GameWoof users.
9) Community Guidelines. You must comply with GameWoof’s Community Guidelines, available here: [CREATE A LINK]
10) You must also comply with Wheaton’s Law.
11) Violation and Termination. Violation of these Terms of Use may, in GameWoof’s sole discretion, result in termination of your GameWoof account. You understand and agree that GameWoof cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for GameWoof, we can stop providing all or part of the Service to you. GameWoof may terminate your account at anytime without notice for any reason.
12) Removal of Content. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
13) General: You agree that: (i) the Service shall be deemed solely based in Oregon; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over GameWoof, either specific or general, in jurisdictions other than Oregon. These Terms of Service shall be governed by the internal substantive laws of the State of Oregon, without respect to its conflict of laws principles. Any claim or dispute between you and GameWoof that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Lane County, Oregon. These Terms of Service, together with the Privacy Notice at http://gamewoof.com/privacy-policy-dmca-copyright-agent/and any other legal notices published by GameWoof on the Service, shall constitute the entire agreement between you and GameWoof concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GameWoof’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GameWoof reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GAMEWOOF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
