January 1, 2009
Welcome to GameKapital.com!
1. DESCRIPTION OF SERVICE AND ACCEPTANCE
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.
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 email@example.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 firstname.lastname@example.org (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.
5. USE OF THE SITE/SERVICES
When you contribute Content to GameKapital, you agree to do so on the following terms:
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):
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 email@example.com:
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.
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
12. LINKED WEBSITES AND ADVERTISING
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.
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.
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."
17. CERTAIN THIRD PARTY CONTENT