Terms of Use

January 1, 2009

Welcome to GameKapital.com!

1. DESCRIPTION OF SERVICE AND ACCEPTANCE

GameKapital.com ("GameKapital" or the "Site") provides an online service, which allows users to share business/investment information and opinions about video game companies (the "Services"). GameKapital and its affiliates provide their Services to you subject to these terms of use, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, the "Terms of Use"). By using GameKapital (whether or not you are a registered member) and by accessing the GameKapital website located at http://www.gamekapital.com, and all linked pages owned and operated by GameKapital owner Tar River Media ("TRM," "we" or "us"), you agree to be bound by these Terms of Use. These Terms of Use set out the legally binding terms with respect to your use of, and our provision of, GameKapital. Please read these Terms of Use carefully. Your access to or use of GameKapital constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access or use GameKapital. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at sysadm@gamekapital.com (subject line: "TOU Question").

2. CHANGES TO THE TERMS OF USE AND GAMEKAPITAL

You agree and understand that these Terms of Use, and GameKapital itself, may be modified by TRM at any time without prior notice, and such modifications will be effective upon TRM's posting of the new terms and/or upon implementation of the new changes on the Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of GameKapital after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by TRM, any new features, new services, enhancements or modifications to GameKapital implemented after your initial access to GameKapital shall be subject to these Terms of Use.

3. ELIGIBILITY

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of GameKapital or use GameKapital. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use GameKapital only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you do not qualify, do not use GameKapital. Registration for GameKapital is void where prohibited by applicable law and the right to access the Site is revoked in such jurisdictions. You must be 13 or older to use the Site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using GameKapital, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of GameKapital.

4. ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account on the GameKapital Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.

If you register, you agree to provide TRM with true, accurate, current and complete information, and that you will promptly update such information with any changes. Failure to do so shall constitute a breach of these Terms of Use, which may result in the immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. TRM reserves the right to refuse registration of, or cancel, a User ID in its sole discretion.

Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at sysadm@gamekapital.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account.

Please also make sure to notify us if your registration information changes, in case we need to contact you. You may terminate your account by emailing sysadm@gamekapital.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the GameKapital Services at any time without notice or liability if GameKapital determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the GameKapital Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the GameKapital servers being made or the volume of user material being posted.

5. USE OF THE SITE/SERVICES

Subject to the restrictions on use and posting set forth in these Terms of Use, you may use GameKapital to create, contribute, search, consume, and share information and opinions about the video game industry, and encourage others to do the same; send content to people you know, whether or not they are existing GameKapital users; invite people you know to join GameKapital; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available through GameKapital ("Content"), and other items displayed on the Site, solely for your own personal, non-commercial use. Subject to Paragraph 17 below, you may not copy or distribute any portion of GameKapital for any purpose not authorized above without the express written permission of TRM. TRM does not control the Content posted by third parties on GameKapital ("Third Party Content") and does not guarantee the accuracy, integrity or quality of such Third Party Content. You understand that by using GameKapital you may be exposed to Third Party Content that is false, misleading, fraudulent, offensive, indecent and/or objectionable. Under no circumstances will TRM be liable in any way for any Third Party Content, including any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of your use of any Third Party Content. You are responsible for complying with all laws applicable to the Content you submit to GameKapital. You should not, and you agree you will not, construe, treat or rely on Content as (i) advice from TRM or GameKapital as to the value of securities, the selection of an investment adviser or the advisability of investing in, purchasing or selling securities or (ii) analyses or reports from TRM or GameKapital concerning securities. Any Content posted by us on GameKapital has been posted in order to generate community discussion of such Content. We make no representations, warranties or guarantees whatsoever as to the accuracy, integrity or quality of such Content and under no circumstances will TRM be liable in any way for any Content posted by us on GameKapital, including any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of your use of any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. You agree and acknowledge that we are neither your investment adviser nor your fiduciary. You should not rely on any Content in any way when making investment decisions. Your use of any and all Content on or through GameKapital is subject to our Disclaimer below. We strongly urge you to review the terms of the Disclaimer.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by GameKapital. By way of example, and not as a limitation, you agree not to use the Services: to abuse, harass, threaten, impersonate or intimidate other GameKapital users; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any GameKapital user; to violate any laws in your jurisdiction (including but not limited to copyright laws); with the intention of artificially inflating or altering your GameKapital user rating/score, including by way of creating separate user accounts for the purpose of artificially altering GameKapital's Services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of GameKapital's Services. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

6. CONTENT SUBMISSION

When you contribute Content to GameKapital, you agree to do so on the following terms:

  • You are solely responsible for any Content and other material that you submit to, or publish or display on, GameKapital or transmit to other GameKapital users (hereinafter, "Contributed Content").
  • You may not submit any Contributed Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof. 
  • You may not provide any Contributed Content that falsely expresses or implies that such Content or material is sponsored or endorsed by TRM.
  • You may not provide any Contributed Content that is unlawful or that promotes or encourages illegal activity.
  • You understand and agree that TRM may review and delete any Contributed Content that in the sole judgment of TRM violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of GameKapital.
  • You agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information. 
    By posting Contributed Content on GameKapital, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, TRM a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, to use, copy, publicly perform, digitally perform, publicly display and distribute such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights that you may have to your Contributed Content. You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation. 
  • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through GameKapital. TRM reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators or blocking your use of GameKapital. You may not post Content that:
    • is false or intentionally misleading;
    • is patently offensive to users of GameKapital, such as Content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person or includes personal information about another person, such as their address, email address or telephone number;
    • involves the transmission of unsolicited mass mailing (i.e. "spamming") or other forms of solicitation (including, but not limited to, advertising, promotional materials, chain letters and/or pyramid schemes);
    • violates the intellectual property or other rights of any person (including rights arising under contractual or fiduciary obligations);
    • promotes illegal activities or conduct that is abusive;
    • violates any applicable law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and/or the national or other securities exchanges (especially and including the rules against making false or misleading statements with the intent to manipulate the price of any security);
    • offers to sell or buy any security (including as such terms are used in the Securities Act of 1933, as amended, the rules and regulations thereunder, and the other U.S. securities laws), including any shares or other interest in an investment company, a hedge fund, a private equity fund or any other collective investment vehicle (a "Fund");
    • refers, explicitly or implicitly, to any Fund that is (or the interests in which are) managed, advised, sponsored, underwritten, placed, offered or sold by you or your affiliate. is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature; and/or
    • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

7. RESTRICTIONS ON RIGHTS TO USE

You agree that, subject to Paragraph 17 below, without the express written consent of TRM, you shall not (and you agree not to allow any third party to):

  • remove any copyright, trademark or other proprietary rights notices contained in or on GameKapital or in or on any Contributed Content or other material obtained via GameKapital;
  • except for tools provided through GameKapital, use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve or index any portion of GameKapital;
  • access, retrieve or index any portion of GameKapital for purposes of constructing or populating a searchable database of information;
  • modify, adapt, translate or reverse engineer any portion of GameKapital;
  • collect or store personal data or any other information about other users or members of GameKapital (including usernames and/or email addresses) in connection with the prohibited activities described in this paragraph, or for any other purpose other than for your own personal, non-commercial use;
  • reformat, frame or place pop-up windows over any portion of GameKapital, or otherwise affect the way that GameKapital is displayed;
  • add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on GameKapital;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of GameKapital or otherwise interfere with other users' or members' enjoyment of GameKapital;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through GameKapital or to manipulate your presence on GameKapital;
  • use GameKapital to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any Content offered on GameKapital for other than your own personal use;
  • use any device, software or routine that interferes with the proper working of the GameKapital or otherwise attempt to interfere with the proper working of GameKapital;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; or
    use GameKapital, intentionally or unintentionally, to violate any applicable local, state, national or international law.

Unauthorized access to GameKapital is a breach of these Terms of Use and a violation of law. You agree not to access the Site by any means other than through the interfaces that we provide to you for accessing the Site. TRM may at any time, without prior notice and at our sole discretion, remove any post, terminate the membership of, or take any other appropriate action against any person who violates the above provisions. Illegal or unauthorized uses of GameKapital will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

8. COPYRIGHT DISPUTE POLICY

TRM has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. We respect the intellectual property of others, and we ask our users to do the same. It is TRM's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.

If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. sec. 512) to GameKapital at sysadm@gamekapital.com:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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 Service Provider to locate the material;
  4. Information reasonably sufficient to permit Service Provider 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;
  5. 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; and
  6. 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

9. TRM's PROPRIETARY RIGHTS

The Site (including, but not limited to, text, photographs, graphics, video and audio Content, but excluding any Content that is subject to Paragraph 17 below) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, opinions, Content and other elements comprising GameKapital are also copyrighted works. Except for the Content submitted by members or users, GameKapital and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by TRM or its licensors. You acknowledge that GameKapital and any underlying technology or software used in connection with GameKapital contain TRM's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on GameKapital, in whole or in part, except as expressly provided in TRM's policies and procedures made available via GameKapital. Except as expressly and unambiguously provided herein, TRM and its suppliers do not grant you any express or implied rights, and all rights in GameKapital not expressly granted by TRM to you are retained by TRM.

Trade names, trademarks and service marks of TRM include, without limitation, GAMEKAPITALTM and all associated logos. All trademarks and services marks on the Site that are not owned by TRM are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any TRM trade names, trademarks or service marks without the express prior written consent of TRM.

10. VENUE ONLY

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of GameKapital, such activity is solely between you and the applicable third party. TRM shall have no liability, obligation or responsibility for any such activity. You hereby release TRM from all claims arising from such activity.

11. COLLECTION AND USE OF PERSONAL INFORMATION

For information about TRM's policies and practices regarding the collection and use of your personally identifiable information, please read GameKapital's Privacy Policy. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the GameKapital Site and use of the GameKapital Services are governed by the Privacy Policy in effect at the time of your use.

12. LINKED WEBSITES AND ADVERTISING

Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that TRM operates, controls, or is otherwise connected with these websites. When you click on a link within the GameKapital Services, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left the Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms of Use for another website. TRM is not responsible for the content or practices of any other website, even if it links to the GameKapital Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with TRM. By using the GameKapital Services, you acknowledge and agree that TRM is not responsible or liable to you for any content or other materials hosted and served from any third party website.

Advertisements. TRM takes no responsibility for advertisements or any third party material posted on any of the TRM's Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the GameKapital Services are between you and the advertiser, and you agree that TRM is not liable for any loss or claim that you may have against an advertiser.

13. TRADEMARKS

GameKapital, the GameKapital logo, www.GameKapital.com, and other GameKapital marks, graphics, logos, scripts, and sounds are trademarks of TRM. None of the TRM trademarks may be copied, downloaded or otherwise exploited without TRM's prior written consent.

14. DISCLAIMER

GAMEKAPITAL IS PROVIDED BY TRM ON AN "AS IS" BASIS. TRM AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF GAMEKAPITAL OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR IN ASSOCIATION WITH, GAMEKAPITAL. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRM AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRM AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN GAMEKAPITAL. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TRM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF GAMEKAPITAL. TRM DOES NOT WARRANT OR COVENANT THAT GAMEKAPITAL WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GAMEKAPITAL IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GAMEKAPITAL IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM TRM OR THROUGH OR FROM GAMEKAPITAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

15. LIMITATION ON LIABILITY

TRM SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND TRM'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING "LINE-NOISE" INTERFERENCE). WITHOUT LIMITING THE FOREGOING, TRM AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO TRM FOR GAMEKAPITAL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

16. INDEMNIFICATION

You agree to indemnify and hold TRM, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Services, (iii) your submission of Contributed Content, (iv) the violation of these Terms of Use by you, (v) your violation of law in your use of GameKapital or in your dealings with other users of GameKapital, including the Securities Act of 1933, Securities Exchange Act of 1934, the Investment Advisers Act of 1940 and the Investment Company Act of 1940, each as amended, or (vi) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

17. CERTAIN THIRD PARTY CONTENT

Any Content on the Site that is subject to the GNU General Public License, the GNU Free Documentation License or any similar type of "open" licensing regime ("Open Content") is expressly excluded from the ownership rights claimed by TRM under these Terms of Use (including from TRM's ownership rights in the compilation copyright comprised by the Site). The use and distribution of any Open Content on the Site labeled by TRM as subject to open license terms are subject to those terms, and not to the restrictions in these Terms of Use.

18. MISCELLANEOUS

If there is any dispute about or involving GameKapital, by using GameKapital, you agree that the dispute will be governed by the laws of the State of New York, without regard to its conflict of law provisions. You further agree to exclusive personal jurisdiction by, and venue in, the state and federal courts of the State of New York, City of New York for any and all claims about or involving GameKapital. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind TRM in any respect whatsoever. TRM may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or postings on GameKapital.

These Terms of Use, accepted upon use of GameKapital, and all terms, guidelines and rules referenced herein contain the entire agreement between you and TRM regarding the use of GameKapital. The failure of TRM to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with TRM's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include GameKapital's acceptable use policy for Contributed Content, GameKapital's Privacy Policy, GameKapital's Disclaimer and any notices regarding GameKapital.

Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the GameKapital Services!