(Effective: May 26, 2009)
The GameStreamer Game Store, (http://www.gamestreamer.com) website and any derivative website on which these Terms of Service are posted are owned and operated by Media Speed Tech, LLC., a Delaware corporation ("GameStreamer"). GameStreamer has adopted these Terms of Service ("Terms of Service" or "Agreement") to make you aware of the terms and conditions of your use of the gamestreamer.net website, any derivative web sites on which these Terms of Service are posted and any Content, Widgets or other products or services that are offered or provided via the aforementioned web sites (collectively, the "website"). In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to "you," "your" or "User" shall include such entity or person in addition to such representative, and your acceptance of this Agreement shall constitute acceptance on behalf of such entity or person. By using the website, you agree to be bound by this Agreement, whether you are a "visitor" that simply browses the website without registering an account or you are a "member" that registers an account on the website.
GameStreamer reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Service periodically for changes, and you hereby agree to periodically review these Terms of Service for such changes. The continued use of the website following the posting of changes to these Terms of Service will constitute your acceptance of those changes. The most current version of these Terms of Service can be reviewed at http://www.gamestreamer.net/terms_of_use.aspx.
BY USING OR OTHERWISE ACCESSING THE WEBSITE, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, WIDGETS OR ANY OTHER INFORMATION TO OR FROM THE WEB SITE, PURCHASING ANY PRODUCTS OR SERVICES VIA THE WEBSITE OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEBSITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT, WIDGETS OR ANY OTHER INFORMATION TO OR FROM THE WEBSITE OR PURCHASE ANY PRODUCTS OR SERVICES VIA THE WEBSITE. YOU AGREE THAT YOUR ELECTRONIC SIGNATURE IN THESE METHODS IS THE LEGAL EQUIVALENT OF YOUR MANUAL SIGNATURE ON THIS AGREEMENT. YOU FURTHER AGREE THAT YOUR USE OF A KEY PAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO GAMESTREAMER OR ACCESSING GAMESTREAMER MATERIALS CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND GAMESTREAMER.
General Terms of Service and Restrictions on Use
Unless otherwise expressly provided herein, GameStreamer hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the website solely for your own personal, non-commercial purposes, subject to your agreement to, compliance with and satisfaction of these Terms of Service. If you are a developer or an affiliate user, GameStreamer hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the website solely for the internal business purposes of you and the entity of which you are an authorized representative, subject to your agreement to, compliance with and satisfaction of these Terms of Service. All rights not otherwise expressly granted by these Terms of Service are reserved by GameStreamer. If you do not comply with the Terms of Service at any time, GameStreamer reserves the right to revoke the aforementioned license(s), limit your access to the website or restrict your ability to post or download Content, Widgets or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the website. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the website or any part thereof.
GameStreamer may discontinue or alter any aspect of the website, remove Content from the website, disable Widgets, restrict the time the website is available or restrict the amount of use permitted at GameStreamer's sole discretion and without prior notice or liability. You agree that GameStreamer may, under certain circumstances, immediately suspend and/or terminate your access to the website or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Service or other agreements or guidelines; (b) discontinuance or material modification to the website; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in GameStreamer's sole discretion and without liability to you or any third party. For purposes of these Terms of Service, references to "post" or "posting" shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.
GameStreamer Intellectual Property
Unless otherwise specifically noted in these Terms of Service, images, trademarks, service marks, logos and icons displayed on the website, including, without limitation, GameStreamer™, the GameStreamer™ logo, and Instantaneous Gaming™, are the property of GameStreamer and/or its licensors and may not be used without GameStreamer's prior written consent. Trademarks owned by third parties are the property of those respective third parties. The website is the copyrighted property of GameStreamer, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Service. Any unauthorized use of any Content or Widgets, whether owned by GameStreamer or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the website or any part thereof or grant any other person or entity the right or access to do so.
To take advantage of certain functionality and capabilities of the website (e.g., to purchase, upload and/or manage Content), you may be required to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process (or GameStreamer may assign initial registration information that you will have the option to change). You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify GameStreamer in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. GameStreamer may refuse to grant a particular username to you for any reason, including, without limitation, in the event GameStreamer determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the website contains or provides access to information, games, software, photos, video, text, graphics, music, sounds or other material provided by GameStreamer or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Your use of any Content (including software) downloaded or otherwise accessed through the website will be governed by the terms and conditions of the end user license agreement accompanying such Content. If you access any Content that is not accompanied by an end-user license agreement, then you are only granted a limited license to download and/or use the Content on a single computer for personal and non-commercial purposes only.
The Content posted by users via the website ("User Content") is the intellectual property of the specific users of the website who post such User Content and their licensors, if any. GameStreamer does not claim any ownership rights in such User Content. By posting User Content via the website, however, you hereby grant to GameStreamer a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content. For the avoidance of doubt, references to Content shall include User Content.
GameStreamer does not generally monitor or otherwise remove User Content after it is posted on the website except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of GameStreamer. In the event you would like to request that GameStreamer remove your User Content from the website, please contact GameStreamer at firstname.lastname@example.org. Please note however, that if GameStreamer agrees, in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by GameStreamer or other parties; (b) such User Content has been retained in GameStreamer's data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.
Digital Rights Management
Content you download or otherwise access via the website may contain third-party digital rights management systems ("DRM") which may allow for communication between the Content and the third party and utilize security features to prevent unauthorized use or distribution. These DRMs are subject to separate license agreements. GameStreamer is not responsible for any loss or damage relating to the use of any DRM, and Content incorporating a DRM, or your dealings with the third party responsible for the DRM. The DRM may also communicate information regarding your computer systems, network locations, IP address and software to GameStreamer in certain circumstances in order to prevent unauthorized use or distribution of the associated Content.
GameStreamer widgets ("Widgets") are tools which you may place on your website in order for visitors to your website to access and view Content and other information located on the GameStreamer website. Widgets may include, without limitation, GameStreamer trademarks and logos, headlines and links to articles located on the GameStreamer website, search boxes which link to Content and other information located on the GameStreamer website, and advertising for GameStreamer and third-party products and services. References to Widgets herein shall include, without limitation, all associated Content and information provided via the Widgets, all software files or other intellectual property comprising or provided via the Widgets, all data and code that accompanies the Widgets, and all upgrades, enhancements, modifications, updates and revisions of such software and code.
Your use of the Widgets is subject to all of the general terms and restrictions of use contained elsewhere in these Terms of Service, as well as all of the other terms and conditions contained herein. You are not licensed to use the Widgets for any other purposes, and nothing herein shall be deemed to grant you any right, title or interest in the Widgets. Without limiting the generality of the foregoing, you may not use the Widgets to offer or promote, or otherwise use the Widgets in association with, any products or services for sale.
You may not use the Widgets in any manner that would constitute an endorsement (whether express or implied) by GameStreamer (including any of its parent, subsidiary or related companies) of your website or any product, service or activity contained on your website. You may not place the Widgets on any website that includes content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic or otherwise inappropriate as determined by GameStreamer in its sole discretion.
The Widgets may be used only with those platforms from which a functional link is made available that directs users to Content and other information as located on the GameStreamer website. You may not use the Widgets in any manner that does not permit successful linking to, redirection to or delivery of the applicable GameStreamer web page. You may not insert any intermediate page, splash page or other content between the Widget link and the applicable GameStreamer web page. GameStreamer may use data capture, syndication analysis and other similar tools to track, extract, compile aggregate and analyze any data or information resulting from use of a Widget.