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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
GAME OVER ONLINE, INC. (and its website – www.gameovernyc.com) reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.
This website is owned and operated by Game Over Online, Inc. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Game Over Online, Inc., its licensors and/or content providers. All elements of Game Over Online’s websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Game Over Online, Inc., no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Game Over Online, Inc. or its licensors unless otherwise expressly agreed.
Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download documents, audio and video found on our website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on this website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on this website.
In the event you download Software from this site, the Software, including any files, images incorporated in or generated by the Software, and the data accompanying the Software (collectively, the “Software”) are licensed to you by Game Over Online, Inc. Game Over Online, Inc. does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Game Over Online, Inc. retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
All trademarks, service marks and trade names of Game Over, Inc. used herein (including but not limited to: the word mark “Game Over”, “the Game Over logo”, “the Game Over explosion logo”) are trademarks or registered trademarks of Game Over, Inc. unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Game Over trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without the prior written consent of Game Over, Inc. The use of the Game Over trademarks on any other website or network computer environment is not allowed. You may not use the Game Over trademarks as a “hot” link on or to any other website without the prior written consent of Game Over, Inc
Copyright
The entire content included in this website, including but not limited to photographs, text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of GAME OVER, INC. The collective work includes works that are licensed to GAME OVER, INC. Copyright 2007, GAME OVER, INC. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Game Over or to purchase Game Over products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by GAME OVER, INC. in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of GAME OVER, INC. used in the website (including but not limited to the GAME OVER, INC. name and the Game Over logo are trademarks or registered trademarks, or copyrights of GAME OVER, INC. They may not be used without GAME OVER, INC.'s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of GAME OVER, INC. and/or its licensors.
Product Orders
All orders placed through the website are subject to GAME OVER ONLINE, INC.'s acceptance, which is in its sole discretion. Without limitation, this means that GAME OVER ONLINE, INC. may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, GAME OVER ONLINE, INC. shall issue a credit to your credit card account.
User Generated Content
GAME OVER ONLINE, INC. does not, and you agree that GAME OVER ONLINE, INC. has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, "User Generated Content"), that GAME OVER ONLINE, INC. is not in any manner responsible for User Generated Content, that GAME OVER ONLINE, INC. does not guarantee the accuracy, integrity or quality of User Generated Content, and that GAME OVER, INC. cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, GAME OVER ONLINE, INC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of GAME OVER ONLINE, INC. or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that GAME OVER ONLINE, INC. has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, GAME OVER ONLINE, INC. reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
You agree that you shall immediately notify GAME OVER ONLINE, INC. in writing of any objectionable content appearing on the Website. GAME OVER ONLINE, INC. will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT GAME OVER ONLINE, INC. IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
You may not post or otherwise distribute content to the website which GAME OVER ONLINE, INC. in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of GAME OVER ONLINE, INC. or another party, illegal, or otherwise objectionable to GAME OVER ONLINE, INC. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to this website.
Use of Information Submitted
You agree that GAME OVER ONLINE, INC. is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the Urban Legends website), or contained in any communication you may send to GAME OVER ONLINE, INC. or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon GAME OVER ONLINE, INC. actual knowledge of facts or circumstances from which infringing material or acts are evident. GAME OVER ONLINE, INC.'s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Andrew B. Katz, esq.
Address: 721 Dresher Road, Suite 1100, Horsham, PA 19044
Telephone: 215-659-3600
Fax: 215-659-3222
We suggest that you consult your legal advisor before filing a notice with GAME OVER ONLINE, INC.'s copyright agent. You should note that there could be penalties for false claims under the DMCA.
GAME OVER ONLINE, INC. may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
Third-Party Links
In an attempt to provide increased value to our visitors, GAME OVER ONLINE, INC. may link to websites operated by third parties. However, even if the third party is affiliated with GAME OVER ONLINE, INC., GAME OVER ONLINE, INC. has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of GAME OVER ONLINE, INC. These linked websites are only for your convenience and therefore you access them at your own risk. GAME OVER, INC. seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.
Indemnification
You agree to indemnify, defend, and hold harmless GAME OVER ONLINE, INC., its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.
Privacy
GAME OVER ONLINE, INC. is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy.
Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAME OVER ONLINE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GAME OVER ONLINE, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAME OVER ONLINE, INC. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GAME OVER ONLINE, INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GAME OVER, INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
GAME OVER ONLINE, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF GAME OVER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, GAME OVER ONLINE, INC. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, GAME OVER ONLINE, INC. 'S LIABILITY SHALL IN NO EVENT EXCEED US$100.00.
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.
Miscellaneous
Your use of this website shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of GAME OVER ONLINE, INC. products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Southern District of New York, New York. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of GAME OVER ONLINE, INC. products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from GAME OVER ONLINE, INC. You agree that any notice, agreement, disclosure or other communication that GAME OVER ONLINE, INC. sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. GAME OVER ONLINE, INC.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GAME OVER ONLINE, INC. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the website. GAME OVER ONLINE, INC. reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by GAME OVER ONLINE, INC. without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
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