THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF GHOGO, INC. ("GAMESEEKR.COM", “GHOGO.COM”) AND THE GAME SEARCH AND SOCIAL NETWORKING SERVICES AND THE ONLINE COMMUNITY FORUMS AVAILABLE ON THIS SITE (THE "SERVICES"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT GAMESEEKR MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. This Site and the Services are intended for use by individuals looking for new video games and entertainment as well as people who share common gaming interests.
General Use Restrictions
All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by GAMESEEKR. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.
GAMESEEKR grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the GAMESEEKR copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and GAMESEEKR may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If GAMESEEKR becomes aware of any of the foregoing activities, GAMESEEKR may investigate and may respond, and when appropriate, GAMESEEKR may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that GAMESEEKR expressly prohibits and you agree not to:
Provide any false or misleading information about your identity provided by you to GAMESEEKR in relation to your use of or access to the Site and/or Services;
Post any false or inaccurate Submissions (defined below) or information;
Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact.
Use the Site, Services and/or Materials for any purpose other than to identify entertainment and games for yourself or to participate in a community of gamers and related entertainment.
Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user.
Take any action that imposes an unreasonable or disproportionately large burden on Site's infrastructure.
Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
Frame or link to the Site of any of the content or information available from the Site unless GAMESEEKR expressly consents to such linking and/or framing.
Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
Use any robot, spider or other program or device to retrieve or index any portion of the GAMESEEKR Site;
Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.
With respect to the GAMESEEKR questions and answers and the community forum, you acknowledge and agree to abide by the following rules, without limitation:
You must be age 13 or older to post or submit any information to the GAMESEEKR COMMUNITY.
Reporters, researchers and third party representatives must receive permission from GAMESEEKR before posting to the GAMESEEKR COMMUNITY and in their postings, must identify their name and affiliation with an organization.
You may not post personally identifiable information (including without limitation, name, address, email address, phone number) about another member or any other individual without their express prior written consent.
You agree not to impersonate any GAMESEEKR staff member. You also agree not to impersonate any other GAMESEEKR member.
You may not post email content from private parties.
You agree that GAMESEEKR reserves the right to remove any content in the GAMESEEKR COMMUNITY, for any reason in its sole discretion as it may deem appropriate.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. GAMESEEKR reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any Submission or thread on the GAMESEEKR COMMUNITY for any reason, including, without limitation, any action that GAMESEEKR, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user. If GAMESEEKR finds that you are abusing the private message and/or email system of GAMESEEKR, GAMESEEKR may, without limitation of other available remedies, suspend or terminate your account.
The foregoing prohibitions do not impose on GAMESEEKR, and GAMESEEKR does not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND GAMESEEKR WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and GAMESEEKR is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
Account Registration and Password Protection
Prior to gaining access to certain Services on the Site, GAMESEEKR will require you to set up a user name and password (the "Password(s)") as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by GAMESEEKR from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by GAMESEEKR at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform GAMESEEKR immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.
Links to Third Party Sites
Trademarks and Copyrights
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. The trademarks, service marks, brands, names, logos and designs ("Trademarks") of GAMESEEKR or others used on this Site and in the Services are the property of GAMESEEKR or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of GAMESEEKR or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppels or otherwise, any right to use such trademarks. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
You agree to defend, indemnify and hold harmless GAMESEEKR and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by GAMESEEKR, and agree that GAMESEEKR does not warrant the accuracy or timeliness of the Materials and further agree that GAMESEEKR has no liability for any errors or omissions in the Materials, whether provided by GAMESEEKR or its licensors.
GAMESEEKR, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. GAMESEEKR PROVIDES THE SERVICES "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
Limitation of Liability
NEITHER GAMESEEKR NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF GAMESEEKR WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
GAMESEEKR respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide OUR copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this site can be reached as follows:
GAMESEEKR controls and operates this Site from its headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara County, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of GAMESEEKR to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GAMESEEKR in writing. No joint venture, partnership, employment or agency relationship exists between you and GAMESEEKR. These Terms comprise the entire agreement between you and GAMESEEKR and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.