Terms of Service
Acceptance of the Terms of Service
The Terms of Service ("Terms") you are reading are a legal agreement between GameTram Inc. (hereinafter "GameTram" or “Us” or “We”) and yourself ("you") regarding your use of GameTram’s social games and related services, which include applications for mobile devices and GameTram branded websites (the “Service”). By accessing or using any GameTram Service you agree that you have read, understood, accept and agree to be bound by these Terms, and you represent and warrant that you are over 13 years of age. If you are under the age of 13, you may not use the Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
The Terms consist of the terms and conditions on this page, as well as the terms included in the following additional policies which are hereby incorporated into these Terms by reference. Capitalized words and terms that are used, but not defined, in this document or in a particular policy may be defined elsewhere in the Terms. Please read these Terms (including the additional policies) carefully, as they govern your use of the Service.
Mobile App EULA. Software applications for mobile devices, unless provided under a different license agreement, are subject to the GameTram Mobile App EULA.
Guidelines. Your use of the Service is also governed by any additional policies and guidelines that may be posted from time to time through the Service.
GameTram reserves the right to change, modify, add or remove portions of these Terms of Service at any time by posting the amended Terms on or within the Service. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. In the event that a change materially alters your rights or obligations hereunder, GameTram will notify you of the change, such as by email to the address we have on record for you, or a notification to you the next time you log on to the Service, and such changes will be effective upon the earlier of (a) your use of the Service with actual knowledge of the change, and (b) thirty days following GameTram posting the change through the Service, and further provided that disputes arising hereunder will be resolved in accordance with the Terms in effect at the time the dispute arose. You agree that GameTram may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
If at any point you violate the Terms, GameTram reserves the right to immediately terminate or suspend any or all accounts you have created using the Service. You agree that GameTram need not provide any notice before terminating or suspending your account(s). GameTram may provide such notice in its sole discretion. If at any point you do not agree to any portion of the Terms of Service, your permission to use the Service shall immediately terminate and you must immediately stop using the Service.
Access to the Service
By accessing or using the Service, including browsing any GameTram website or accessing a game, you accept and agree to these Terms. You warrant that you are at least thirteen years of age, have not been previously suspended or terminated from the Service, and are not prohibited from receiving products of U.S. origin, including services or software. You may be required to register an account on the Service (an "Account"), have a valid account on the social networking service ("SNS") through which you connect to the Service or have an account with the applications provider for your mobile device. By accessing the Service through an SNS, you authorize GameTram to access and use any and all information that you have configured such SNS to make available to third party service providers in connection with providing the Service, and to post notifications to your account on the SNS regarding your use of the Service.
Requirements for use of an Account
You understand that on certain GameTram websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
Requirements for use of the Service
You agree to the following requirements for use of the Service:
You shall not create an Account or access the Service if you are under the age of 13;
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not create an Account or use the Service if you are a convicted sex offender;
You shall not have an Account or use the Service if you have previously been removed by GameTram or previously been banned from playing any GameTram game;
You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
You shall not use your Account to engage in any illegal conduct;
You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items (defined below) associated with your Account to anyone without GameTram’s written permission;
You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without GameTram’s permission; and
If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
Requirements for Account and Login Information
During the process of creating an account to access the Service, you may be required to select a password or to allow us to access your Account from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. GameTram will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify GameTram and modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.
You undertake to monitor your Account to restrict use any other person. You accept full responsibility for any use of the Service or your Account by any third party, and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, PayPal) by minors.
GameTram reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo
Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used at GameTram’s discretion. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
Subject to your agreement and compliance with these Terms, GameTram grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited permission to access and use the Service solely for your own, personal, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any permission to use the Service, and must refrain from using the Service.
Account Termination Information
GameTram may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or GameTram’s intellectual property as determined by GameTram in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of GameTram for any damage that may result from the foregoing. If you have more than one account, GameTram may terminate all of your accounts.
In addition to the foregoing, GameTram may selectively remove, revoke or garnishee Benefits associated with your account. "Benefits" mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.
You acknowledge that GameTram is not required to provide you notice before suspending or terminating your account or selectively removing, revoking or garnishing Benefits associated with your account. In the event that GameTram terminates your account, you may not participate in any of the Services again without GameTram’s express permission. GameTram reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account.
User Generated Content
You agree that any content published by you through the Service is done so through the use of technology and tools provided by GameTram. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content, and that GameTram’s use of such content will not infringe the intellectual property rights of any third party, or constitute defamation, slander, or libel, or invade any third party right of privacy or publicity, and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of GameTram. You grant GameTram the right to act as an agent on your behalf as the Service’s operator.
To the extent that you provide any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Service by any user ("User Content") you grant to GameTram an unlimited, worldwide, commercial royalty free, fully paid up, license to use and exploit such User Content in connection with the development, maintenance, operation, and promotion of the Service. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. GameTram shall not bear any responsibility for any of the abovementioned content.
GameTram may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that GameTram will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
GameTram has no obligation to publish or make available through the Service or otherwise, and reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, GameTram shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
Requirements for Communication Channels
The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. GameTram is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. GameTram may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by GameTram, and these communications should not be considered reviewed or approved by GameTram. You will be solely responsible for your activities within the Communication Channels and under no circumstances will GameTram be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. GameTram is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Requirements for Virtual Currencies and Goods
The Service may include an opportunity to obtain, accumulate, manage, and purchase virtual, in-game currency and other digital and/or virtual assets (together with Chips, the “Virtual Items”) that may require you to pay a fee using real money to obtain the Virtual Items. Virtual Items represent a nontransferable limited right to utilize certain features of the Service, have no monetary value, and can never be transferred or redeemed for real money, goods, or any other item of monetary value from GameTram or any other party. You understand that you have no right or title in the virtual in-game items, spins or Virtual Items, regardless of the term “win”, “buy”, or “spend” or other terms we may use in relation to the issuance and use of Virtual Items.
Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in GameTram's sole discretion. You may not purchase, sell, or exchange Virtual Items outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. GameTram retains the right to manage, control, modify and/or eliminate Virtual Items or any other form of virtual currency at its sole discretion. Prices and availability of Virtual Items are subject to change without notice. Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. You agree and acknowledge that GameTram may deny or place limitations or restrictions on any purchase, issue, or redemption of Virtual Items, individually or with respect to general volume, at any time and for any reason. GameTram may halt, suspend, discontinue, or reverse any Virtual Items transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service, or the service of any affiliated or related third party. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service. Virtual Items are lost upon any termination of your right to use the Service. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that you shall not defraud, or attempt to defraud, GameTram or other users, and that you shall not act in bad faith in your use of the Service. If GameTram determines that you do act in bad faith in violation of these Terms, or if GameTram determines that your actions fall outside of reasonable community standards, GameTram may, at its sole discretion, terminate your account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Create an account with or access the Service if you are under the age of 13;
Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
Upload or transmit (or attempt to upload or to transmit), without GameTram’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
Improperly use support channels or complaint buttons to make false reports to GameTram;
Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services;
Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without GameTram’s written permission;
Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without GameTram’s written permission;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
Attempt to use the Service on or through any service that is not authorized by GameTram. Any such use is at your own risk and may subject you to additional or different terms. GameTram takes no responsibility for your use of the Service through any service that is not authorized by it;
Post or communicate any person's real-world personal information using the Service;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or
Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Intellectual Property (IP) Ownership
GameTram retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. If you make or provide any suggestion, feedback, idea, or proposal relating to any current or future GameTram product or service, including any feature development, enhancement, bug report, or other information (“Feedback”) you agree that such Feedback is provided on a nonconfidential basis (regardless of any message to the contrary in any accompanying communication), and you agree that by providing GameTram any Feedback you grant GameTram and its successors and assigns an unlimited, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up right and license (without any obligation) to use such Feedback for any purpose, and to practice any method therein, without payment, attribution, or other compensation to you or any other person.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without GameTram's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from GameTram. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
GameTram and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
It is GameTram's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, GameTram will promptly terminate without notice the accounts of those determined by GameTram to be "repeat infringers". If you are a copyright owner or an agent thereof, and you believe that any content hosted through the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing GameTram’s Designated Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the GameTram Web site are covered by a single notification, a representative list of such works on the GameTram Web site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GameTram to locate the material;
Information reasonably sufficient to permit GameTram to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
GameTram’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at 400 Kelby St., 17th Floor, Fort Lee, NJ 07024. After your first report to us, you may be permitted to report to us by email, the address for which we will provide. For clarity, only DMCA notices should go to the GameTram Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to GameTram customer service. Please note that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and any removal requests may not be acted upon. Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Warranty Disclaimer; Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMETRAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS. GAMETRAM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICE OF THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF GAMETRAM’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.IN NO EVENT WILL GAMETRAM, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMETRAM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GAMETRAM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO INDEMNIFY AND HOLD GAMETRAM, AND EACH OF ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF AND ACCESS TO THE SERVICE;
YOUR VIOLATION OF ANY TERM OF THESE TERMS OR ANY TERMS GOVERNING YOUR USE OF ANY LINKED ACCOUNT;
YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PRIVACY, OR PUBLICITY RIGHT;
ANY CLAIM THAT A USER SUBMISSIONS MADE BY YOU HAS CAUSED DAMAGE TO A THIRD PARTY; OR
ANY USER CONTENT YOU POST OR SHARE ON OR THROUGH THE SERVICE.
Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes between you and GameTram in the most expedient and cost effective manner, you and GameTram agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and GameTram are each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and GameTram will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting GameTram.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). GameTram’ address for Notice is: GameTram, 145 Natoma Street, Floor Five, San Francisco, CA 94105. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or GameTram may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or GameTram shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, GameTram shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by GameTram in settlement of the dispute prior to the arbitrator’s award.
In the event that you commence arbitration in accordance with these Terms, GameTram will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse GameTram for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No class actions
YOU AND GAMETRAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GameTram agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that GameTram makes any future change to this arbitration provision (other than a change to the GameTram’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to GameTram’s address for Notice, in which case your account with GameTram shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
If either the paragraph entitled “No Class Actions” in this Section, or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in these Terms shall govern any action arising out of or related to these Terms.
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. To the extent that any action is permitted to be commenced in a court of law hereunder, you agree that any claim or dispute you may have against GameTram must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in the section titled Modification, above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of GameTram to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GameTram as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and GameTram other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GameTram without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.