Terms of Service
GameStrata Inc's Terms of Service: Effective September 15, 2007
Welcome to GameStrata!
GameStrata, Inc. ("GameStrata," "we" or "us") provides an online community for video game players where users can setup a profile, view their current game-related statistics, search game leaderboards and rankings, display their favorite games, post videos, ask questions to the community, connect their profile with friends and meet new people with similar gaming profiles and tastes (the "Services") through our website located at www.gamestrata.com (the "Site"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and GameStrata and applies to you whether you are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "GameStrata Users").
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
1. Modification of the Site or Terms of Service.
GameStrata reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your Account (defined below). By continuing to access or use the Site and Services after GameStrata makes any such modification, you agree to be bound by the revised Terms of Service.
2. Registration and Eligibility.
A. To become a Member you must be at least 13 years old. In order to access certain features of the Site and Services, and to post User Submissions (defined below), you will have to become a Member and set up a GameStrata account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain secure areas of the Site only available to Members. We encourage you to checkout our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Members.
B. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify GameStrata of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your user name or password is lost or stolen, please notify GameStrata immediately so that a new user name or password can be created.
C. If you become a Member, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to GameStrata. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
D. If you become a Member and create an Account, you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records
3. Content.
Certain types of content are made available through the Site. "GameStrata Content" as used in these Terms of Service means, collectively, the text, data, player statistics, player rankings, graphics, images, photos and video files made available through the Site, excluding User Submissions. "User Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos, videos and other content and information which Members post, upload and otherwise submit to the Site, including without limitation in Member created profile pages. GAMESTRATA RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY GAMESTRATA CONTENT OR USER SUBMISSIONS FROM THE SITE WITHOUT NOTICE.
4. Your Obligations in Using the Site and Services.
The Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
A. Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any GameStrata Content;
B. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
C. Use any meta tags or other hidden text or metadata utilizing a GameStrata name, trademark, URL or product name;
D. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
E. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
F. Upload, post, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of GameStrata;
G. Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any GameStrata User, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
H. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
I. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of GameStrata's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
J. Attempt to probe, scan or test the vulnerability of any GameStrata system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
K. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; or GameStrata Content;
L. Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by GameStrata or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
M. Collect or store personal data about other GameStrata Users without their express permission;
N. Harvest or collect email addresses or other contact information or other users from the Site or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
O. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
P. Use the Site or Services in any manner not permitted by this Agreement;
Q. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;
R. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; or
S. Use or attempt to use another’s account, third party gamertag, service or system without authorization from GameStrata, or create a false identity in any way on the Service or the Site.
5. Termination; Cancellation.
A. We may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. GameStrata is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, GameStrata will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.
B. You may terminate your Account at any time and for any reason by clicking "Cancel Account" on the "My Account" page. Upon any termination by a Member, the related Account will no longer be accessible.
C. Any suspension, termination or cancellation will not affect your obligations to GameStrata under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
6. Third Party Links.
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that GameStrata is not responsible or liable for the availability or accuracy of, and GameStrata does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Intellectual Property Rights and Ownership.
A. Content. You may access and use the Site, Services, GameStrata Content and User Submissions for your own personal non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, GameStrata Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, GameStrata Content, User Submissions (other than your User Submissions). GameStrata and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, GameStrata Content and the trademarks, service marks and logos contained therein other than your User Submissions.
B. User Submissions.
(i) License Grant. GameStrata does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to GameStrata or on the Site, you hereby grant GameStrata a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to GameStrata. GameStrata will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by GameStrata, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by GameStrata to give to GameStrata the full benefit of the rights granted to GameStrata by you.
(ii) Limitations. You acknowledge and agree that GameStrata may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on GameStrata's servers. GameStrata will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Submissions.
(iii) Disclaimer. GameStrata has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Site. GameStrata does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GameStrata with respect thereto.
8. Copyrighted Materials: No Unauthorized Use.
YOU WILL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. GameStrata has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see GameStrata's Copyright Policy below for further information:'
GameStrata’s Copyright Policy:
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the GameStrata website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
A. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the GameStrata website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
(i) Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontent.com/mystuff_overhere123." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
(ii) Identify the URL or other specific location on the GameStrata website or service that contains the material that you claim infringes your copyright described in Item (i) above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.myothercontent.com/thatstuff_overthere456."
(iii) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
(iv) Include a 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.
(v) Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
(vi) Include your name, mailing address, telephone number and email address.
You may submit your Notification of Alleged Copyright Infringement using our automated form, or send it to our Designated Agent by fax, mail, or E-Mail as set forth below:
Gamestrata Designated Copyright Agent
GameStrata, Inc.
28 E 3rd Avenue, Suite 300
San Mateo, California 94401
Phone: 650-340-0044
Fax: 650-292-2284
E-Mail: DMCAAgent@gamestrata.com
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this page constitutes perjury.
B. Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure which the alleged infringer may use to respond to your claim and request that we restore this material.
9. Disclaimer of Warranties.
YOUR USE OF THE SITE, SERVICES, GAMESTRATA CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, GAMESTRATA CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. GAMESTRATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, GAMESTRATA CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. GAMESTRATA DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, GAMESTRATA CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMESTRATA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
IN NO EVENT WILL GAMESTRATA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, GAMESTRATA CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GAMESTRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL GAMESTRATA'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
11. Indemnification.
You agree to defend, indemnify, and hold GameStrata, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, GameStrata Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
12. General.
This Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Service will be brought exclusively in courts located in San Mateo County, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of GameStrata and any prohibited assignment will be null and void. GameStrata may assign these Terms of Service or any rights hereunder without your consent. The relationship of the parties under this Terms of Service is that of independent contractors, and this Terms of Service will not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that this Terms of Service and the rules, restrictions and policies contained herein, and GameStrata's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and GameStrata. This Terms of Service together with the rules and policies of GameStrata constitutes the entire agreement between GameStrata and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by GameStrata via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to contact [at] GameStrata.com or to such other addresses as GameStrata may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
13. European Users.
By using the Site and Services, users in the European Union understand and consent to the processing of personal information in the United States.
Please note that GameStrata is not run by or affiliated with Electronic Arts Inc. GameStrata does not claim any ownership rights in the terms “Battlefield 2” or “EA” which we believe to be trademarks or registered trademarks of Electronic Arts Inc. in the U.S. and/or other countries.
© 2005 Digital Illusions CE AB. All rights reserved. Battlefield 2 is a trademark of Digital Illusions CE AB. Electronic Arts, EA, EA GAMES and the EA GAMES logo are trademarks or registered trademarks of Electronic Arts Inc. in the U.S. and/or other countries. Sound Blaster is either a trademark or registered trademark of Creative Technology Ltd. in the United States and/or other countries. All other trademarks are the property of their respective owners. EA GAMES™ is an Electronic Arts™ brand.
Please note that GameStrata is not run by or affiliated with Capcom Entertainment Inc. or Capcom U.S.A., Inc or Capcom Co. LTD. GameStrata does not claim any ownership rights in the terms “Capcom” or “Lost Planet” which we believe to be trademarks or registered trademarks of Capcom Entertainment Inc. or Capcom U.S.A., Inc or Capcom Co. LTD. in the U.S. and/or other countries.
Character Wayne by Lee Byung Hun/FANTOM.CO., LTD., CAPCOM CO., LTD. 2006, 2007 ALL RIGHTS RESERVED. CAPCOM and the CAPCOM LOGO are registered trademarks of CAPCOM CO., LTD. Lost PLANET is a trademark CAPCOM CO., LTD. Havok engine. ©2006, Havok and Havok 3 are registered trademarks of Havok and Telekinesys Research Limited.
Guitar Hero® & Guitar Hero® III: Legends of Rock © 2005-2007 Activision Publishing, Inc. Guitar Hero, Activision and RedOctane are registered trademarks of Activision Publishing, Inc. All Gibson marks, logos, trade dress, guitar models and related rights provided pursuant to license from Gibson Guitar Corp.
SEGA® of America, Inc. is the American arm of Tokyo, Japan-based SEGA Corporation, a worldwide leader in interactive entertainment both inside and outside the home. The company develops, publishes and distributes interactive entertainment software products for a variety of hardware platforms including PC, wireless devices, and those manufactured by Nintendo, Microsoft and Sony Computer Entertainment Inc. SEGA of America's Web site is located at www.sega.com.