Terms of Service
Last Updated: June 29, 2012
- Game Circus, LLC. (“Game Circus”, “We”, “Our” or “Us”) thank you for using the Game Circus mobile device software application (the “Game Circus Software” or “Game Circus mobile application”), Web site, web widgets, feeds and applications for third-party Web sites and services and any other mobile or web services or applications owned, controlled, or offered by Game Circus (collectively, the “Game Circus Services“). Subscribers, customers, users, and others who access, download, use and/or subscribe to the Game Circus Services (collectively or individually “You” or “Users“) must do so under the following terms and conditions of use.BEFORE USING ANY GAME CIRCUS SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE GAME CIRCUS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND, BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THIS DOCUMENT, ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE “AGREEMENT“), WITHOUT LIMITATION OR QUALIFICATION.Should you be under the age of 14 and using Game Circus Services, you agree that you will review these Terms of Service with your legal guardian before any use of the Game Circus Software, Game Circus mobile application or any Game Circus Services. If you are the legal guardian of a minor reviewing these Terms of Service and entering into this Agreement on behalf of the minor then you are accepting these Terms of Service on his or her behalf and are accepting full responsibility for his or her actions, which include all financial charges, and legal liability that he or she may incur. If a legal guardian has not reviewed these Terms of Service on the behalf of a minor or you are over the age of 18 and do not agree with any of the Terms of Service set forth, then please cease from using Game Circus Services immediately. Game Circus is not responsible for any misuse of any Game Circus Services.IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE GAME CIRCUS SERVICES IMMEDIATELY.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND GAME CIRCUS.
- IMPORTANT DISCLAIMERS.
- THE GAME CIRCUS SERVICES ARE INTENDED ONLY AS PERSONAL AND SHOULD NOT BE USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE GAME CIRCUS SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GAME CIRCUS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GAME CIRCUS. GAME CIRCUS WOULD NOT BE ABLE TO PROVIDE THE GAME CIRCUS SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
- END USER LICENSES
- To use the Game Circus Software you must have a mobile device that is compatible with the Game Circus Services. Game Circus does not warrant that the Game Circus Services will be compatible with your mobile device.
- License Grant. Game Circus hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Game Circus Software as follows: You may use the Game Circus Software on one mobile device owned or leased solely by you, for your personal use.
- Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Game Circus Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Game Circus Software to any third party or use the Game Circus Software to provide time sharing or similar services for any third party; (iii) make any copies of the Game Circus Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game Circus Software, features that prevent or restrict use or copying of any content accessible through the Game Circus Software, or features that enforce limitations on use of the Game Circus Software; or (v) delete the copyright and other proprietary rights notices on the Game Circus Software.
- Software Upgrades. You acknowledge that Game Circus may from time to time issue upgraded versions of the Game Circus Software, and may automatically electronically upgrade the version of the Game Circus Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
- Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Game Circus Software or any copy thereof and Game Circus or its third party partners or suppliers retain all right, title, and interest in the Game Circus Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Game Circus reserves all rights not expressly granted under this Agreement.
If this Game Circus Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Game Circus Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The Game Circus Software originates in the United States, and is subject to United States export laws and regulations. The Game Circus Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Game Circus Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Game Circus Software and the Game Circus Services.
Except as otherwise expressly permitted by Game Circus, any access or attempt to access other areas of the Game Circus’ computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Game Circus mobile application screens/pages or the content contained therein without the Company’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Game Circus mobile application for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Game Circus mobile application. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Game Circus’ infrastructure.
- PROPRIETARY RIGHTS
- The Game Circus Services are owned and operated by Game Circus. The Game Circus Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Game Circus Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Game Circus Services are the property of Game Circus or its subsidiaries or affiliated companies and/or third-party licensors.All trademarks, service marks, and trade names displayed on the Game Circus Services are proprietary to Game Circus or its affiliates and/or third-party licensors. Except as expressly authorized by Game Circus, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
- FEES AND PAYMENTS; IN APP PURCHASES
- While the basic service on Game Circus is free for use, additional data charges may apply for mobile users through their mobile app store. Game Circus reserves the right, at any point, to begin charging for the Game Circus Services. Prior to the commencement of any such charges accruing, you will have the option to opt out of the Game Circus Services.Certain Game Circus Mobile Applications may include functionality that enables you to receive additional services, or licenses to additional functionality or content for use within the Game Circus Mobile Application (“In App Purchases”). In App Purchases that are consumed during the use of the Game Circus Mobile Application (for example, virtual coins, virtual ammunition, access to certain game features or levels) cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable In App Purchase is acquired and received by you, Game Circus shall be without liability to you in the event of any loss, destruction, or damage. All In App Purchases are deemed Game Circus Services, and In App Purchases received within third-party products or links are deemed third-party products, and treated as such, for purposes of these Terms of Service.Payments for In App Purchases are processed through the application store where you purchased the Game Circus Service or through your relevant wireless carrier. Game Circus is not responsible for any payment processing related to an In App purchase.ALL SALES ARE FINAL. YOU WILL NOT RECEIVE A REFUND.
- RULES AND PROHIBITED CONDUCT
- YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- use the Game Circus Services without parent or guardian consent if you are under the age of 14 years old;
- use the Game Circus Services for any commercial or non-private use, it being understood that the Game Circus Services are for personal, non-commercial use only;
- use the Game Circus Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game Circus Services, features that prevent or restrict use or copying of any content accessible through the Game Circus Services, or features that enforce limitations on use of the Game Circus Services;
- intentionally interfere with or damage operation of the Game Circus Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- use the Game Circus Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Game Circus Services could lead directly to death, personal injury, or severe physical or property damage.
- attempt to gain unauthorized access to the Game Circus Services, or any part of it, other accounts, computer systems or networks connected to the Game Circus Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Game Circus Services or any activities conducted on the Game Circus Service;
- use any robot, spider, scraper or other automated means to access the Game Circus Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Game Circus Services or modify the Game Circus Services in any manner or form, nor to use modified versions of the Game Circus Services, including (without limitation) for the purpose of obtaining unauthorized access to the Game Circus Services; or
GAME CIRCUS RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
- THIRD PARTIES; LINKS
- The Game Circus Services may include links to other web sites or services solely as a convenience to Users. Game Circus does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Game Circus makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Game Circus Services are solely between you and such advertiser. You agree that Game Circus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Game Circus Services.Parties other than Game Circus may provide services or sell products via the Game Circus Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Game Circus does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
- You agree that Game Circus, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate (i) any account that you have with the Game Circus Services or (ii) use of the Game Circus Services and remove and discard all or any part of your account, at any time. You agree that any termination of your access to the Game Circus Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Game Circus will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Game Circus may have at law or in equity. Should you be the consenting adult or guardian of an individual under the age of 14 and not agree with their use of the Game Circus Services, please email us at firstname.lastname@example.org and we will take the proper steps to delete any account information. Upon any termination by either party, with or without cause, YOU WILL NOT RECEIVE A REFUND.
- NO WARRANTY AND DISCLAIMERS
- THE GAME CIRCUS SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GAME CIRCUS SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GAME CIRCUS, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.GAME CIRCUS AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GAME CIRCUS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME CIRCUS SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.YOU (AND NOT GAME CIRCUS OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE GAME CIRCUS SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GAME CIRCUS SERVICES AT YOUR OWN DISCRETION AND RISK.Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
- LIMITATION OF LIABILITY AND DAMAGES
- YOU UNDERSTAND AND AGREE THAT YOU USE OF THE GAME CIRCUS SOFTWARE AND GAME CIRCUS SERVICES AT YOUR OWN DISCRETION AND YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE.YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL GAME CIRCUS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, ECONOMIC (INCLUDING, BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS), CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE GAME CIRCUS SERVICES; (C) THE GAME CIRCUS SERVICES GENERALLY OR THE GAME CIRCUS SOFTWARE OR SYSTEMS THAT MAKE THE GAME CIRCUS SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GAME CIRCUS OR ANY OTHER USER OF THE GAME CIRCUS SERVICES, EVEN IF GAME CIRCUS OR A GAME CIRCUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT SHALL GAME CIRCUS’ (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE GAME CIRCUS SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE GAME CIRCUS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN GAME CIRCUS AND RECEIVED THROUGH OR ADVERTISED ON THE GAME CIRCUS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE GAME CIRCUS SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT GAME CIRCUS’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- You agree to indemnify, defend, and hold Game Circus, its affiliated companies, and its suppliers and partners (harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of any location information or the Game Circus Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Game Circus Services to meet another User in-person or to locate and attend any offline place or event. Game Circus reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- MODIFICATION OF THIS AGREEMENT
- This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.You agree that any action at law or in equity arising out of or relating to this Agreement or the Game Circus Services shall be filed only in the state or federal courts in and for Dallas County, Texas and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any such illegal, unenforceable or void provision shall be reformed by the court to make it enforceable. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.This Agreement and related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Game Circus without restriction.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 2, 3, 5 10 through 12 and 14 of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the Game Circus Services. Further, any obligation of a party or provision of this Agreement which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or guidelines made by Game Circus as set forth in Section 16 above.
YOU AND GAME CIRCUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GAME CIRCUS SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.