GameSalad.com beta
game creation for the rest of us ™

Make iPad Games

GameSalad.com Terms Of Service

September 19, 2009

PLEASE READ THE FOLLOWING TERMS OF SERVICE (THE “TERMS”) CAREFULLY. BY CLICKING THE “I ACCEPT” BOX, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS WHEN ACCESSING THE WEBSITE LOCATED AT THE URL: WWW.GAMESALAD.COM (THE “SITE”) OR USING ANY ONLINE GAME OR SERVICE OFFERED BY GENDAI GAMES (“GENDAI GAMES” OR “WE” OR “OUR” OR “US”) THROUGH THE SITE (COLLECTIVELY, THE “GENDAI GAMES SERVICES”) OR ANY SOFTWARE (DEFINED BELOW) AVAILABLE FROM THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT USE ANY ONLINE GAME, SERVICE, SOFTWARE OR THE SITE. WE MAY MAKE CHANGES TO THE ONLINE GAMES, SERVICES, SITE OR THESE TERMS AT ANY TIME, AND WE WILL POST NOTICE OF THE CHANGES SO IT IS VISIBLE WHEN USERS LOG-ON FOR THE FIRST TIME AFTER THE UPDATED TERMS ARE POSTED ON THE SITE. YOU ARE RESPONSIBLE FOR REVIEWING THE UPDATED TERMS. YOUR CONTINUED USE OF THE ONLINE GAMES, SERVICES OR SITE AFTER THE CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES IN THE TERMS, PLEASE TERMINATE YOUR REGISTRATION WITH THE SITE IMMEDIATELY AND DISCONTINUE YOUR USE OF THE ONLINE GAMES, SERVICES AND SITE.

1. End User Account

An end user account (“Account”) is required to access and use the Gendai Games Services. To create an Account, you must have an email address. You represent and warrant that you will provide truthful and accurate Account registration information. You agree that you will not misrepresent yourself or represent yourself as another user of the Site and/or the Gendai Game Services. Some Gendai Games Services may require creation of a “user name” or a “persona”. You may not use a user name or persona that is used by someone else or that is vulgar or offensive or otherwise violates these Terms. You are responsible for maintaining the confidentiality of your user name, persona and Account information. You shall not allow any third party to use your Account to log-in to the Site and/or access and use the Gendai Game Services, or for any other purposes. You are solely responsible for all activity on your Account.

2. Content and Third Party Content

Certain information, features and applications provided on and through the Site, including text, content, advertising, logos, graphics, images and other materials that are not Submissions (as defined below), and the design and appearance of our website (collectively, the “Content”) are provided by you by Gendai. Gendai grants you a limited, personal, revocable, non-exclusive and non-transferable license to use and to display the Content and to use the Gendai Game Services and this Site solely for your personal use. This limited license and the rights granted hereunder will terminate automatically, without notice to you, if you breach any of the terms or conditions of these Terms.

You may not copy, modify, adapt, reverse engineer, reverse compile or decompile or attempt to discover any source code used to generate the Site, Gendai Games Services or Content, insert any code or product to manipulate the Site, Gendai Games Services or Content in any way that affects any user’s experience, reproduce, publish, broadcast, transmit, download, cache, distribute perform, display (except as expressly permitted in this Section), sell or in any way exploit any Content unless you are expressly authorized to do so in writing by Gendai. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, Gendai Games Services or any Content.

3. Software, Utilities and Tools

Gendai Games may allow you to download on or through the Site software, utilities, tools and applications (collectively, “Software”) provided by Gendai Games or its licensors. Gendai Games grants to you a non-exclusive, limited license to use the Software solely to view, play and/or create games for non-commercial purposes. You may not sublicense, rent, lease, distribute or charge others to use or access the Software. You may not translate, reverse engineer, reverse compile or decompile, disassemble or attempt to discover the source code of the Software or make derivative works from the Software. This limited license and the rights granted hereunder will terminate automatically, without notice to you, if you breach any of the terms or conditions of these Terms. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Software.

4. Third Party Content

Certain information and content that are not Submissions (as defined below) may be provided by third parties to Gendai Games (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. GENDAI GAMES DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

5. Links to Third Party Websites

This Site may be linked to other web sites that are not Gendai Games websites (“Third Party Web Sites”). Gendai Games is providing these links to you as a convenience, and Gendai Games does not verify, make any representations or take responsibility for such linked Third Party Web Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, links displayed or activities conducted on such Third Party Web Sites. The Third-Party Web Site may have different privacy policies and terms and conditions and business practices than Gendai Games. Your dealings and communications through the Site with any party other than Gendai Games are solely between you and such third party. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Gendai Games’ endorsement or recommendation.

6. Contributing Submissions to Gendai Games Services and Disputes

You acknowledge that you are responsible for the code, text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials that you submit, post or otherwise make available on the Site, including, without limitation, games (each, a “Submission”) through posting areas, e-mails, profiles, personal pages or other services available in connection with the Site and the Gendai Games Services, and that you, and not Gendai Games, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership.

You agree that Gendai Games is free to use a Submission on an unrestricted basis for any purpose, and you hereby grant to Gendai Games a non-exclusive, perpetual, worldwide, irrevocable, fully paid up, royalty-free, sublicensable (with the right to sublicense through multiple tiers of licensees) license (in any media, whether known or not currently known and invented) to link to, use, reproduce, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform the Submissions, or any portion thereof, without notice, payment or attribution (unless expressly specified by you during the submission process as further described below) of any kind to you or any third party. You represent, warrant and covenant that you have obtained all necessary licenses, consents and clearances to enable Gendai Games to exercise the rights granted herein and exploit the Submissions for the foregoing purposes. You hereby waive, and agree not to assert any moral or similar rights you may have in such Content.

You also hereby grant all other users of the Site and Gendai Games Services have the right to link to, use, copy, publicly display, publicly perform, create derivative works from, and otherwise communicate and distribute your Submissions on or through the Site and Gendai Games Services without further notice, payment or attribution (unless expressly specified by you during the submission process as further described below) to you.

When posting a Submission to the Site, you will have the ability to select one of the following options with respect to each Submission: (i) not to share your Submission with other users of the Site and Gendai Games Services, (ii) to share your Submission with other users of the Site and Gendai Games Services under the license granted above without requiring any kind of attribution to you, or (iii) to share your Submission with other users of the Site and Gendai Games Services under the license granted above and requiring attribution to you (in a form determined by Gendai Games). If you opt to require attribution, you hereby grant Gendai Games a non-exclusive, perpetual, irrevocable right to use your name and/or username for the purposes of attributing you as the source of the Submission in connection with Gendai Games exercising the rights granted by you above with respect to exploiting the Submissions. If no option is selected at the time you post your Submission, the default option will be that no attribution of any kind is required to use your Submission. You represent and warrant that the use of your name and/or username in connection with the Submissions will not violate the right of any person or entity and will not cause Gendai Games to incur any liability for payment to any person or entity. You hereby waive all rights and release and discharge Gendai Games from, and shall neither sue nor bring any proceeding against any person or entity for, any claims, losses, demands, damages, liability, costs and expenses, including reasonable attorneys’ fees, at law or in equity, whether for libel, violation of right of privacy or right of publicity, infringement of copyright, or any other claim that you may now have or may hereafter have by reason of the use of your name and/or username in connection with the Submissions, or the alleged breach or actual breach of any representation or warranty you have made herein with respect to your name and/or username.

You agree that any Submission provided by you in connection with this Site or the Gendai Games Services is provided on a non-proprietary and non-confidential basis. Submissions will be generally accessible by other users of the Site and the Gendai Games Services, so be sure that any information you post on any area of the Site is information that you are comfortable with sharing with others

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO GENDAI GAMES, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on this Site or through the Gendai Games Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or the Gendai Games Services or otherwise have the right to grant the licenses to Gendai Games and users of the Site and Gendai Games Services set forth in this section, and (ii) the posting of your Submissions on or through this Site or the Gendai Games Services does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site or the Gendai Games Services.

Gendai Games reserves the right to limit the number of games that you can upload (in total or simultaneously) to the Site and through the Gendai Games Services at any time without notice.

Gendai Games is not responsible if Apple Inc. (“Apple”) rejects and/or fails to make any game submitted by or on behalf of you to Apple available through the Apple iPhone App Store. Furthermore, you acknowledge and agree that your interactions and dealings with any third party in connection with your use of the Site and/or Gendai Games Services (including, without limitation, Apple and other users of this Site and Gendai Games Services) are solely between you and such third party. Gendai Games is not responsible for any loss or damage of any sort incurred as a result of any third party rejection, act or omission, failure, interaction or dealing, and Gendai Games has no obligation to become involved in any resulting dispute.

7. Subscription Fees and Electronic Communications

You must have an Account to participate in any Gendai Game Services. You can sign up for a free membership Account to use the basic version of the Gendai Games Services, but to access and use the “Indie” and “Professional” version of the Gendai Game Services, you must pay an annual subscription fee. Payment for the initial subscription fee will be charged to your Account on the date on which the professional version of the Gendai Games Services is first made available to you (“Activation Date”). Thereafter, on each yearly anniversary of the Activation Date, your subscription will automatically renew and your Account will be charged for the then-current annual subscription fee, unless you cancel your subscription prior to the upcoming anniversary of the Activation Date.

You agree to pay all fees charged to your Account based on Gendai Games’ fees, charges, and billing terms in effect as shown on the payment page of the Site. If you do not pay on time or if Gendai Games cannot charge your PayPal account, credit card or other payment method for any reason, Gendai Games reserves the right to either immediately suspend or terminate your access to all or a portion of the Site or Gendai Games Services. All payments to your Account must be made from a source for which you are the named account holder. Gendai Games is not liable for any loss caused by any unauthorized use of your Pay Pal account, credit card or any other method of payment by a third party in connection with the Site. Gendai Games reserves the right to change its fees and billing methods at any time, provided that if you pay a yearly subscription fee for the Gendai Games Services, Gendai Games will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting notice of such changes on or through the Gendai Games Services. Your continued use of the Gendai Games Services after the changes have taken effect means that you accept such changes. If you cancel your subscription at any time, you will not receive a refund of any amounts paid before the effective date of cancellation of your subscription. You are responsible for paying any taxes that may apply to your use of the Gendai Games Services, in addition to the subscription fee or other applicable fees. If you have a balance due on any account, you agree that, and authorize Gendai Games to, charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

By using the Site and the Gendai Games Services, you consent to receiving electronic communications from Gendai Games and its third party partners and affiliates. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Gendai Games Services. These electronic communications are part of your relationship with Gendai Games and you receive them as part of your subscription to the Gendai Games Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8. Termination of Gendai Games Accounts

Gendai Games may terminate your Account for any reason at any time, including, without limitation, by way of example only, your violation of these Terms, sharing your Account information with a third party, illegal or improper use of your Account, the Gendai Games Services, any other products or services of Gendai Games or Gendai Games’ intellectual property rights. You may lose your user name and/or persona as a result of Account termination. If you have more than one Account, Gendai Games may terminate all of your Accounts, user names and personas and all related entitlements. Gendai Games is not required to provide you notice before terminating your Account. If your Account is terminated for any reason, no refunds or credits will be granted.

9. Cancellation of Your Account

You may cancel your Account or subscription to the Gendai Games Services at any time. If you do not agree to the terms in this Terms, your sole remedy is to not use Gendai Games Services and to cancel your Account or applicable subscriptions.

10. Rules of Conduct

Gendai Games requires that you respect the Gendai Games online community as well as other individuals participating in using the Gendai Games Services. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using this Site and/or the Gendai Games Services, you agree not to, without limitation:
Post Submissions or any other content that is false harmful or illegal.

Harass, threaten, abuse, stalk, troll or flame other users of Gendai Games services in any Gendai Games Service.

Post Submissions or any other content that is racially or ethnically offensive, vulgar, obscene, pornographic, sexually explicit, disparaging, defamatory, tortious, libelous, infringing or otherwise violates the legal rights of others (such as personal privacy or publicity rights).

Impersonate another person or attempt to mislead users by indicating that you represent Gendai Games.

Attempt to get a password, account information, or other private information from anyone else on the Gendai Games Services.

Harvest user names, addresses, or e-mail addresses for any purpose other than use in your interactions on this Site.

Upload files that contain a virus, corrupted data, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site or the Gendai Games Services.

Post or disseminate any unsolicited or unauthorized advertising or promotional messaging, junk mail, chain letters, pyramid schemes, or other commercial activities.

Reveal any other Gendai Game user’s real-world personal information using a Gendai Games Service or post telephone numbers, street addresses or last names.

Post any copyrighted or trademarked materials without the express permission from the owner.

This list of prohibitions provides examples and is not complete or exclusive. Gendai Games reserves the right to (a) terminate your access to your Account, your ability to post to this Site (or the Gendai Games Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Gendai Games determines is inappropriate or disruptive to this Site or to any other user of this Site and/or the Gendai Games Services. Gendai Games may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Gendai Games’ discretion, Gendai Games will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Gendai Games does not and cannot review every Submission posted to the Site. These prohibitions do not require Gendai Games to monitor, police or remove any Submissions or other information submitted by you or any other user.

11. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that your work is the subject of copyright infringement and appears on our Site, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (designated below) with the following information in writing (see 17 U.S.C 512©(3) for further detail):

  • 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 at a single online site are covered by a single notification, a representative list of such works at that 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 the service provider to locate the material;
  • Information reasonably sufficient to permit Gendai Games to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Gendai Games designated Copyright Agent to receive notifications of claimed infringement is: Tan Tran, address: 3051 Hill St, Round Rock, TX, 78664, email: dmca@gendaigames.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Gendai Games customer support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Gendai Games may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

If a counter-notice is received by the Copyright Agent, Gendai Games may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Gendai Game’s sole discretion.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Only the intellectual property rights owner is permitted to report potentially infringing items through Gendai Game’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.

12. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE, GENDAI GAMES SERVICES, SOFTWARE SUBMISSIONS, CONTENT AND THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK. NEITHER THE CONTENT, SUBMISSIONS NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY GENDAI GAMES, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. GENDAI GAMES DOES NOT WARRANT THE ACCURACY, TIMELINESS, AVAILABILITY OR ADEQUACY OF ANY INFORMATION, FACTS, VIEWS, OPINIONS, STATEMENTS OR RECOMMENDATIONS CONTAINED ON THE SITE, GENDAI GAMES SERVICES, SOFTWARE OR IN THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GENDAI GAMES, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED, STATUTORY OR OTHER REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, GENDAI GAMES SERVICES, SOFTWARE, CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GENDAI GAMES DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

YOU AGREE YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GENDAI GAMES IS TO STOP USING GENDAI GAMES SERVICES, AND TO CANCEL YOUR ACCOUNT.

13. Limitation of Liability

IN NO CASE SHALL GENDAI GAME’S TOTAL, AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE AMOUNT THAT YOU PAID TO GENDAI GAMES FOR THE GENDAI GAMES SERVICES IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.

IN NO CASE SHALL GENDAI GAMES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXTRAORDINARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE SITE, GENDAI GAMES SERVICES, SOFTWARE, CONTENT, THIRD PARTY CONTENT, SUBMISSIONS OR ANY OTHER THIRD PARTY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE, OR YOUR DISPLAYING, COPYING, DOWNLOADING OR USING ANY OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF GENDAI GAMES KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, GENDAI GAMES’ AND GENDAI GAMES AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
GENDAI GAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE, AND WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY FOR, ANY THIRD PARTY GOODS, PRODUCTS, SERVICES OR CONTENT AVAILABLE THROUGH THE SITE, GENDAI GAMES SERVICES OR THIRD PARTY WEB SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.

14. Indemnification

You agree to defend, indemnify and hold harmless Gendai Games and its officers, directors, employees, affiliates, agents, licensors, suppliers, and business partners from and against any and all claims, actions, proceedings, demands, losses, costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) arising out of or related to: (i) your misuse of the Site or the Gendai Games Services or the misuse of this Site or the Gendai Games Services by any person using your Account or user name or persona, (ii) your Submissions violating any applicable local, state, federal or international law, rule or regulation, or intellectual property rights of a third party or (iv) any interactions or dealings with other users of this Site and Gendai Games Services or any other third party in connection with your use of the Site and/or Gendai Games Services (including, without limitation, Apple).

15. General Terms

Governing Law. The laws of the State of Texas, excluding its conflicts-of-law rules, govern these Terms; and you expressly agree that exclusive jurisdiction for any claim or dispute with Gendai Games arising out of or relating in any way to your Account or your use of the Site and/or Gendai Games Services resides in the federal and state courts in Austin, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Gendai Games or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

Local Laws; Export Control. Gendai Games controls and operates this Site from its headquarters in the United States of America and the Content, Submissions and/or Third-Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Assignment. Gendai Games may freely assign these Terms and the rights and obligations hereunder to any other party. Neither these Terms nor any obligations or rights hereunder may be assigned or transferred by you, whether by merger, change of control, operation of law or otherwise, without Gendai Games’ prior written consent, which consent may be withheld in Gendai Games’ sole discretion.

Severability. If any part of the Terms are held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of Gendai Games, and the remaining portions of the Terms shall remain in full force and effect.

Waiver. The failure of Gendai Games to enforce any provision of these Terms will not constitute waiver of such provision.

Entire Agreement. The Terms are the entire agreement between you and Gendai Games and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Gendai Games about this Site and the Gendai Games Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.