TERMS OF SERVICE
GameWager's Terms of Service ("TOS") explains how this site is operated, references our privacy policy, and states clear obligations you, the user of this site, must accept in order for us to continue to grant you access. By visiting the site you demonstrate that you accept the terms presented in this document.
I. Description of Service
GameWager, Inc, with web site at GameWager.net ("GameWager"), allows its users to compete in online gaming competitions and to interact with each other through various community features. The Site provides a range of features associated with operation of the Site and its content.
II. Acceptance of TOS
GameWager.net is not suitable for all audiences. Its subject matter, computer games, is regarded by some to be offensive in nature. Some of the games we support have been rated M (17+) by the ESRB. If you do not consider yourself an appropriate user or are offended by the subject matter, do not visit this site.
Users of the Site agree to be bound by conditions contained in the TOS. Should GameWager suspect that a user has submitted misleading, incomplete, libelous, slanderous, or deliberately inaccurate information, GameWager reserves the right to remove the account in question and/or ban the user by IP address or similar method.
III. Privacy Policy
GameWager considers its users’ privacy to be of the utmost important. Please see our Privacy Policy for a detailed description of our information gathering and dissemination practices for the website.
IV. User Conduct
GameWager is not intended for all audiences. Visitors who do not consider themselves an appropriate audience for the Site's content should not visit the Site. Users understand that all content found on the Site is the creation and responsibility of the user from which such content originated.
Because GameWager does not exercise absolute control of content posted on the Site, it does not guarantee the accuracy or validity of such content. You, the user, understand that by using the Site, you may be exposed to content that is offensive, indecent, objectionable or all three. Should content be found in violation of the User Conduct terms outlined below, appropriate action will be taken or not taken based on the sole discretion of GameWager management.
You, the user who submits content, agree to accept the conditions governing User Conduct and specifically agree that you will not use the Site to:
1. allow or encourage usage by others in such a way as to violate TOS
2. submit content that is unlawful or invasive of any individual's privacy by including a specific address, email, phone number, website or other contact information for any other person
3. illegally impersonate any person or entity, or use or attempt to use another person's username and password
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to the Site
5. submit any content that you do not have a right to submit
6. submit any content that infringes any trademark, copyright or other proprietary rights of any individual or entity
7. submit any unauthorized advertising, promotional material, or any other form of solicitation; or, submit any junk mail, spam, chain letters, or pyramid scheme
8. submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
10. stalk or flame another person by submitting content deemed inappropriate
11. provide information about illegal activities which promote physical harm or injury to any group or individual, or promote any act of cruelty to animals
12. engage in commercial activities involving GameWager without prior approval
GameWager retains the right to ban accounts found to be associated with violation of the letter or spirit of the terms governing User Conduct stated above. If you notice a violation of the User Conduct terms, you may report this conduct to GameWager management by sending an email to support@gamewager.net with “Abuse” in the subject.
GameWager respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the site, please contact us by emailing support@gamewager.net with “IP” in the subject.
V. Termination or Modification to Service
You, the user, agree that the staff of GameWager, in its sole discretion, may ban users accounts, and remove and discard any content for any reason if GameWager believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
VI. Resale of Service
You, the user, agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from GameWager, Inc..
VII. Advertisements
GameWager reserves the right to run advertisements and promotions at any time on the Site. The manner, mode and extent of advertising found on GameWager shall be subject to change without any prior notification.
VIII. Links
GameWager occasionally provides links to other websites or resources. Because GameWager has no control over external web sites, you, the user, acknowledge and agree that GameWager does not endorse and is not responsible or liable for any content on any other website.
IX. Proprietary Rights
By using the Site, you, the user, acknowledge and agree that GameWager may contain proprietary and confidential information that is protected by applicable laws governing intellectual property and proprietary rights owned by the software's author or by GameWager, Inc., or both. The look and feel of GameWager and content on the Site is copyrighted by GameWager, Inc.
X. GameWager Volunteers
Some sections of GameWager are managed by volunteers. By accepting the Terms of Service, any GameWager.net volunteer agrees that the content created as a result of volunteer work for GameWager.net constitutes a "work for hire" and that all intellectual property rights in said content shall vest in GameWager at the time that it is created to the extent permitted by law.
XI. Indemnity
Users of GameWager agree to indemnify and hold harmless GameWager and its owners, affiliates, officers, agents, volunteers, or employees from any claim or demand, including reasonable attorney fees, made by any party due to or arising out of the user's access or use of the Site; violation of the TOS; or, violation of any rights of another individual. The user is solely responsible for all of his or her actions when using the Site or while performing any actions as a result of use of the Site.
Any content obtained through the use of the Service is used at the user's own discretion and risk. The user is solely responsible for use of the Site's content and its subsequent dissemination following conditions contained in the TOS. No advice or information, whether written, visual or contained in a sound file shall create any warranty not expressly stated in the TOS. Unless expressly stated, content contained in GameWager shall not be considered the opinion of GameWager, its editorial staff, volunteers, advertisers or any other person or entity associated with GameWager.
XII. International Use of GameWager
GameWager is operated by GameWager, Inc. from the Austin, Texas. GameWager makes no representation that content is appropriate or available for use outside the United States. Therefore, in recognition of the global nature of the Internet, Site users who are not residents of the United States agree to comply with local and regional laws regarding online conduct and use of the Site's content. Users who access GameWager from a location outside the United States are responsible for compliance with all applicable laws.
XIII. Limit of Liability
You, the user, expressly understand and agree that GameWager shall not be liable for any direct, indirect, incidental, or consequential damages or loss of profits or goodwill resulting from the use or lack of use of the Service; for statements or conduct of any user whose submission has been posted on the Site; or, for any other matter relating to the Service. Such discussions dealing with alleged damages shall be held solely between the person asserting that damage has occurred and the individual who created the situation, which allegedly caused damages. GameWager does not take sides in such cases and will not provide any user information in any form without a subpoena from a court having legal jurisdiction.
XIV. Entire Agreement
The TOS constitutes the entire agreement between you, the user, and GameWager and governs your use of the Service. The laws of Texas shall govern the TOS and the relationship between you and GameWager. By using the Site, you, the user, agree to submit to the exclusive jurisdiction of courts located in Austin, Texas if any legal dispute arises.
The failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision, or portion of any provision, of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to enact the intentions of the TOS. Under any circumstances other provisions of the TOS shall remain in full force and effect. You, the user, agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Service, its content, or the TOS must be filed within two (2) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
To report violations of the TOS, contact GameWager directly by email to support@gamewager with “Report Violation” in the subject. To expedite the processing of your report, please include as many pertinent details as possible. Because of the volume of reports, some matters may not receive a response. However, all reports will be reviewed and will be handled subject to the conditions contained in the Terms of Service.
The section titles used in this TOS are for organization and convenience only and carry with them no legal or contractual effect.
Last update Tuesday, July 22, 2008