Terms & Conditions
Terms & Conditions
These Terms and Conditions (“Terms”) shall manage your use of this Service. These Terms will be applied fully and affect to your use of this Service. By using this Service, you agreed to accept all terms and conditions written in here. You understand that it is an agreement between you and this Service (hereinafter referred to the “The Game Changer”). You must not use this Service if you disagree with any of these Service Standard Terms and Conditions.
Please read these Terms and Conditions carefully. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all visitors, users and others who access or use this Service. By using the Service in any manner you agree to be bound by these Terms without modification.
Description of Service
A commerce Service which has the following description:
The purpose of this Service is to provide users with online resources.
Any and all visitors to our Service shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms.
The user acknowledges and agrees that Services provided and made available through our Service are the sole property of the The Game Changer. At its discretion, The Game Changer may offer additional Service Services or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, all updated, modified or revised Services unless otherwise stipulated. The Game Changer does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user acknowledge, accept and agree that The Game Changer shall not to be held liable for any such updates, modifications, revisions or discontinuance of any of Our Services and/or products. Your continued use of the Services provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that Services offered shall be provided “AS IS” and such The Game Changer shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Service, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws of applicable jurisdiction.
Users who wish to register with the The Game Changer are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Service, parts of it or our Services. We are not responsible for any failure in providing the Services, which result from information that is not true, accurate, current and complete. You further confirm by registering that you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct.
If you violate the letter or spirit of this Agreement, abuse the Services, or otherwise create risk or possible legal exposure to The Game Changer, we can terminate or suspend your access to the Services at our sole discretion.
On its sole discretion, The Game Changer has the right to block the access to any user either on the software, related publications, social media, website and any promotions.
Member account, username, password and security
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify the The Game Changer immediately any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone access your account without authorization, you are advised to inform us immediately. The The Game Changer shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.
Modification of Terms
The Game Changer reserves the right, at its sole discretion, to modify or replace the Terms and Conditions. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms and Conditions will be subject to the new Terms and Conditions.
You agree that the clauses of Terms that are considered to be ineffective do not affect the validity of this document. Above-mentioned clauses have to be regulated by current legislation.
Intellectual Property Rights
Other than the content you own, under these Terms, the Service’s owner and/or its licensors own all the intellectual property rights and materials contained in this Service.
You are granted limited license only for purposes of viewing the material contained on this Service.
As a condition of your use of the Service, you warrant to The Game Changer that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of The Game Changer or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Game Changer and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Game Changer or our licensors except as expressly authorized by these Terms.
Restrictions and obligations
You are specifically restricted from all of the following
publishing any Service material in any other media;
selling, sublicensing and/or otherwise commercializing any Service material;
publicly performing and/or showing any Service material;
using this Service in any way that is or may be damaging to this Service;
using this Service in any way that impacts user access to this Service;
using this Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
using this Service to engage in any advertising or marketing.
Certain areas of this Service are restricted from being access by you and may further restrict access by you to any areas of this Service, at any time, in absolute discretion.
You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Service and not interfere with the use and enjoyment of the Service by other users or with the operation and management of the Service.
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
Accepting this Terms, You agree that user won’t claim against the manufactures/makers etc.
Limitation of liability
The Game Changer does its best to ensure that all information on the Service is accurate. If you find any inaccurate information on the Service please let The Game Changer know by sending an email to Web Services at info@The Game Changer.net and we will correct it, where we agree, as soon as practicable.
The Game Changer gives no warranty or assurance about the content of the Service. As the Service is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While The Game Changer makes every effort to ensure that the content of the Service is accurate, The Game Changer cannot accept liability for the accuracy of all the content at any given point in time.
The Game Changer makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Service will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Neither The Game Changer nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Service or information, content or materials included on the Service.
In no event shall The Game Changer or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;
loss of actual or anticipated profits (including loss of profits on contracts);
loss of revenue;
loss of business;
loss of opportunity;
loss of anticipated savings;
loss of good will;
loss of reputation;
loss or damage to or corruption of data;
loss of use of money or otherwise,
and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
It is Users sole responsibility to keep the password. If you lose the password, the The Game Changer cannot reset it or help in other way.
We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Service.
The information on the Service is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.
If you make an arrangement with anyone named in or connected with the Service this is at your sole risk.
Nothing in this Agreement excludes or limits The Game Changer liability for:
death or personal injury caused by The Game Changer negligence; or
fraud or fraudulent misrepresentation; or
the tort of deceit; or
any other liability which may not be limited or excluded by law.
Service Rules and Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
involves commercial activities and/or sales without The Game Changer prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of The Game Changer or any third party; or
impersonates any person or entity, including any employee or representative of The Game Changer.
You shall abide by all applicable local, state, national and international laws and regulations.
Malicious access to the The Game Changer Service
You shall not:
take any action that imposes or may impose (as determined by The Game Changer in its sole discretion) an unreasonable or disproportionately large load on The Game Changer (or its third party providers’) infrastructure;
interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Service.
Reverse engineering the Service
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.
You may, to the extent the Service expressly authorizes you to do so, download or copy Content, and other items displayed on the Service for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.
Please be aware that the Service or other features of the Service may contain, or direct you to Services containing, information that some people may find offensive or inappropriate.
You agree to indemnify, defend and hold harmless The Game Changer, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Service or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Game Changer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Game Changer in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration or a similar arbitration service selected by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
These terms and conditions are governed by the US laws and the parties agree to submit to the exclusive jurisdiction of the US courts. In case the member is a special subject under public law or an entrepreneur, all will be governed by the laws of registered office of The Game Changer.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Game Changer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The Game Changer AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
The Game Changer AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Game Changer AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. The Game Changer ARE NOT RESPONSIBLE FOR THE PROBLEMS WITH SERVER AND LOSING THE DATABASE.
The Game Changer welcomes your questions or comments regarding the Terms:
Email Address: email@example.com