GameSalad Online Terms of Service
PLEASE READ THE FOLLOWING TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM GENDAI GAMES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
PRIVACY POLICY
Privacy Notice
This privacy notice discloses the privacy practices for Gendai Games and all of its websites. This privacy notice applies solely to information collected by this web site. It will notify you of the following:
- What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us through registration or use of the website, via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order in the event that you have purchased goods from us.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Registration
Gendai Games requires registration to participate in our on-line communities, games and any other services provided on our websites. Participation is voluntary and the information requested is used to ensure content is appropriate. Registration information provided to Gendai Games will not be sold or made available to a third party. If you select to receive information from us, each message or subscription will contain instructions on how to “unsubscribe” or be “removed” from a group.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required. Gendai Games may use the demographic information you provide for statistical purposes relating to consumer preferences, and may share these marketing statistics with third parties, but Gendai Games will not share your personal demographic information with anyone. Cookies
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Links
This web site may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Online Chat Rooms and Profiles
You may choose to disclose information, including personal information, about yourself in our online chat rooms, message boards, user “profiles” for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. Please see our Terms of Service at terms.ea.com on this point and for other guidelines about posting content on our web sites. If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at _.
TERMS OF SERVICE
This Terms of Service, as amended from time to time, governs your use of any online game, service, software or web site offered by Gendai Games (hereafter referred to as “Gendai Games Services.”)
1. End User Account
An End User Account (“Account”) may be required to access and use Gendai Games Services. To create an Account, you must have an email address, and provide truthful and accurate information. 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, is vulgar or offensive, or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account.
2. Content
“Content” on Gendai Games includes software, technology, text and other audio visual material, and the design and appearance of our website. Content may be provided by you or third parties, including other users of Gendai Games. Gendai Games does not endorse, approve, or prescreen any Content that you and other users contribute to Gendai Games.
Gendai Games reserves the right to remove Content for any reason. Gendai Games does not assume any responsibility or liability for Content generated by third parties or for any failure to or delay in removing such Content.
You may not copy, download or distribute any Content from Gendai Games unless you are expressly authorized to do so in writing by Gendai Games.
3. Contributing Third Party Content to Gendai Games Services
You may not upload or post any Content on Gendai Games Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content.
Please refer to section 10 below concerning the procedure for reporting violations of copyrights.
4. Contributing Content to GENDAI GAMES Services; License Grant to GENDAI GAMES and Others
In exchange for GENDAI GAMES enabling your contribution of Content, when you contribute Content to an GENDAI GAMES Service, you expressly grant to GENDAI GAMES a non-exclusive, perpetual, worldwide, complete and irrevocable right to use, reproduce, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, without notice, payment or attribution of any kind to you or any third party. You grant GENDAI GAMES all licenses, consents and clearances to enable GENDAI GAMES to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the GENDAI GAMES Service on which you contribute Content permits other users to access and use that contributed Content as part of the GENDAI GAMES Service, than you also grant all other users of the relevant GENDAI GAMES Service the right to use, copy, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant GENDAI GAMES Service without further notice, attribution or compensation to you.
5. Paid Services
You must have an Account and pay the subscription or other fees to participate in any Gendai Game Services that require payment of a fee. GENDAI GAMES reserves the right to change its fees and billing methods at any time. If you pay a periodic subscription for a GENDAI GAMES Service, 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 such changes on the GENDAI GAMES Service. Your continued use of the GENDAI GAMES Service thirty (30) days or more after posting of the changes means that you accept such changes. You may cancel your subscription at any time, but GENDAI GAMES will not refund any fees that may have accrued to your Account before cancellation of your subscription. If your use of GENDAI GAMES Services is subject to use or sales tax, then GENDAI GAMES may also charge you for any such taxes, in addition to the subscription or other fees.
6. Termination of GENDAI GAMES Accounts
GENDAI GAMES may terminate your Account for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of GENDAI GAMES Services, products, or GENDAI GAMES's Intellectual Property. You may lose your user names, personas as a result of Account termination. If you have more than one Account, GENDAI GAMES may terminate all of your Accounts and all related entitlements. GENDAI GAMES is not required to provide you notice before terminating your Account. If your Account is terminated for any of these reasons, no refunds or credits will be granted.
7. Cancellation of your Account
You may cancel your Account or subscription to a Gendai Games Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Gendai Games Services and to cancel your Account or applicable subscriptions.
8. Rules of Conduct.
You may violate the Terms of Service if you:
- Post Content that is harmful or illegal.
- Harass, threaten, abuse, stalk, troll or flame other users of Gendai Games services in any Gendai Games Service.
- Post Content that is racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, or invasive of 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 GENDAI GAMES Services.
- Upload files that contain a virus or corrupted data.
- Post advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Reveal any other Gendai Game user’s real-world personal information using a Gendai Games Service.
9. Software, Utilities and Tools
Gendai Games may allow you to download software from Gendai Games or its licensors onto your computer. Gendai Games grants to you a non-exclusive, limited license to use the software solely for the purpose stated by Gendai Games at the time the software is made available to you. You may not sub-license, or charge others to use or access Gendai Games Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Gendai Games Software. This limited license and the rights granted hereunder will terminate automatically upon any breach by you of the terms of this limited license.
10. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent 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 the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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 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, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
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.
11. Limitations on Warranty and Liability
YOU AGREE THAT YOUR USE OF GENDAI GAMES SERVICES AND SOFTWARE IS SOLELY AT YOUR OWN RISK.
GENDAI GAMES SERVICES, GENDAI GAMES SOFTWARE, GENDAI GAMES’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU AGREE YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GENDAI GAMES IS TO STOP USING GENDAI GAMES SERVICES, AND TO CANCEL YOUR GENDAI GAMES ACCOUNT. IN NO CASE SHALL GENDAI GAME’S LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO GENDAI GAMES FOR GENDAI GAMES SERVICES. IN NO CASE SHALL GENDAI GAMES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF GENDAI GAMES SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF GENDAI GAMES SERVICES OR ACCOUNTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, GENDAI GAMES’S AND GENDAI GAMES AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. GENDAI GAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH GENDAI GAMES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Indemnification
You agree to indemnify and hold Gendai Games harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will indemnify and hold harmless Gendai Games, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Gendai Games Services, including any Content that you contribute.
13. General Terms
Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Gendai Games, and the remaining portions shall remain in full force and effect.
Waiver. The failure of Gendai Games to enforce any provision of this Terms of Service will not constitute waiver of such provision.
Governing Law. The laws of the State of Texas, excluding its conflicts-of-law rules, govern this Terms of Service and your Account; 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 Gendai Games 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.
