Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS WEBSITE.

Terms of Use - General
Acceptance of Terms of Use

Games Banner Network, Inc. and its affiliates and subsidiaries (collectively, "GBN") make its Internet websites and GBN's domains included within these Internet websites (collectively, the "Website"), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, use of any GBN services, online softwares, downloading any products, or browsing the Website, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do not agree to any terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended by GBN at any time. Such amended Terms of Use shall be effective upon posting on this Website. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, terms and conditions may apply to content, software, products, materials, services or information contained on or available through this Website (the "Content") or transactions concluded through this Website.

GBN reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. GBN reserves the right to terminate or restrict access to the Website, delete User Materials for any reason whatsoever at its sole discretion.

Warranties and disclaimers

Although care has been taken to ensure the accuracy of the information on this Website, GBN assumes no responsibility therefore. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." GBN HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. GBN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. GBN DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY GBN OR VIA THE WEBSITE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

The use and reliance on the Content on Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. GBN assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Website or in connection with any Content offered through or appeared on the Website. The Content is intended for educational and entertainment purposes only. No advice or information whether oral or written, obtained by you from or through GBN shall create any warranty not expressly stated in the Terms of Use.

The Website may contain references to specific GBN products and services that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

IN NO EVENT SHALL GBN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEVIED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF GBN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST GBN PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO GBN IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. IN NO EVENT SHALL GBN’s TOTAL LIABILITY EXCEED THE AMOUNT OF FEES PAID BY YOU IF ANY OR $100 (WHICHEVER IS LESS). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO THESE CIRCUMSTANCES.

Links to other sites

This Website may provide links to other websites, advertisements that are not under the control of GBN. GBN shall not be responsible in any way for the content of such other websites, content purchased as an advertisement. GBN provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such websites does not imply endorsement by GBN of the content of such websites.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rests with GBN or its partners. All rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products or services except as expressly authorized herein. Except as GBN specifically agree in writing, no Content from Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than a part of Website except when Website is configured to enable the download of particular Content, this Content may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of GBN is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

GBN hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. GBN disclaims any proprietary interests in the intellectual property rights other than its own.

Software

Certain Content of GBN and its partners can be available for downloading from or through this Website or represents online software application (the "Software") and is licensed subject to the terms of the applicable license agreements. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of GBN or its partners, as applicable. Except as set forth in the applicable license agreement and herein, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable license agreement to download or order Software, products or services from this Website.

You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work or otherwise reverse engineer, or transfer the licensed Software, program, or any subset of the Website, its Products or Services, except as expressly authorized herein or in the applicable license agreement, Terms of Use. Any such unauthorized use shall result in immediate and automatic termination of your license to use this Website and, as applicable, of the license for GBN's Content and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE, PRODUCTS AND SERVICES SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. GBN HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, GBN makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products, will be corrected.

Information Provided By You

Any material or information, including but not limited to suggestions, comments or other feedback, sent through or in connection with this Website by you ("User Materials") are licensed by You to GBN on a non-exclusive, irrevocable, royalty-free, sublicensable and transferable worldwide right and license to use, reproduce, transmit, distribute, comment, modify, perform, display and otherwise exploit User Materials in any form, subject to any privacy policies posted on this Website. GBN may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

You are not allowed to distribute any unsolicited User Materials. Any use of User Materials made available on Website is at your own discretion and risk.

GBN shall not be liable to you or any third party with respect to the User Materials. You are solely responsible for your User Materials.

GBN reserves the right to refuse to deliver, publish or take other actions regarding the User Materials.

By submitting a User Material you hereby represent and warrant that (a) the User Materials are not defamatory, abusive, threatening, obscene, pornographic, otherwise sexually explicit, harm or may harm any person, entity, disruptive, antisocial; (b) the User Materials are not illegal, encourages or describe illegal activity; (c) the User Materials do not contain viruses or other components that can damage the Website, prevent the use of the Website by any person, entity; (d) the User Materials do not infringe, violate any rights of third party; (e) the User Materials are non-commercial and are not directed to turn to advantage; (f) you have all necessary rights, licenses in and to the User Materials to grant GBN rights granted herein.

You agree to provide, manage and update when necessary true and accurate information about yourself.

Unlawful or Prohibited Use

You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any other party's use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by GBN to all users of this Website.

Indemnification

You hereby agree to indemnify and hold harmless GBN, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of (a) your breach of this Terms of Use, (b) your use of Website, account (profile) in the Website.

Linking to the Website

Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of this Website. However you are not allowed to use in-line linking or framing. You must not imply that GBN endorses or sponsors the linker or its website, products or services. You must not use GBN's intellectual property including but not limited to trademarks, trade name, copyright without permission from GBN. Furthermore, you agree to remove the link at any time upon our request.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by GBN.

GBN does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

Questions regarding the Website or these Terms of Use may be submitted to privacy@gamesbanernet.com. Please also have a look at our Online Privacy Policy and Software End User License Agreement when applicable.