1. Acknowledgment and Acceptance of Terms & Conditions
Welcome to greatgame.com, The Great Game Of Business (GGOB) Website. By using this Website, you agree to be bound by the following terms and conditions of use, and any changes or modifications made and published online by GGOB from time to time without notice to you (herein collectively referred to as the “Terms & Conditions”). Please read them carefully. You can read the most current version of the Terms & Conditions at any time at greatgame.com/terms/.
THESE TERMS & CONDITIONS GIVE THE MEMBERS (AS DEFINED IN PARAGRAPH 2 HEREOF) CERTAIN RIGHTS AND RESPONSIBILITIES. SHOULD ANY MEMBER DISAGREE TO BE BOUND BY THESE TERMS, THEY MUST IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. BY COMPLETING THE REGISTRATION PROCESS/FORM, AND CLICKING ON THE “I HAVE READ AND AGREE WITH THE TERMS & CONDITIONS” CHECKBOX, EACH MEMBER AGREES TO BE BOUND BY THESE TERMS & CONDITIONS, ALONG WITH ANY CHANGES TO THE TERMS & CONDITIONS SUBSEQUENTLY MADE BY GGOB, AND AGREES TO REGULARLY REVIEW THESE TERMS & CONDITIONS TO ENSURE THAT THEY ARE INFORMED OF ANY MODIFICATIONS AND ADHERE TO ANY SUCH MODIFICATIONS. YOU FURTHER AGREE THAT THESE TERMS & CONDITIONS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND GGOB, AND THAT THIS AGREEMENT CONSTITUTES “A WRITING SIGNED BY YOU” UNDER ANY APPLICABLE LAW OR REGULATION. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY GGOB.
2. Description of Website
This Website provided to you includes the information, data, text, files, photographs, graphics, software, sound, hyperlinks, and other materials (herein collectively referred to as “Content”). Any and all changes made to the Content, including without limitation the addition of new features to the Content shall be subject to the Terms & Conditions. The entire Content is available to all users, except for those portions of the Website where registration is required, however, these Terms & Conditions apply to you as a user of this Website, whether or not you register as a Member.
A registered user will be known herein as a Member, and will have access to certain portions of the Website not otherwise available to general users. Registration as a Member is free of charge and is not limited in any manner, excepting those set forth in paragraphs 3 and 4 herein. You acknowledge and agree that GGOB reserves the right to deny Membership to any user at its discretion and without notice to you. Further, you acknowledge and agree that GGOB has no responsibility for the assessment of or for resolving any disputes arising from your ability to register as or remain a Member of or otherwise use the Website.
In order to use the Website, you must obtain access to the World Wide Web and provide all equipment necessary to make such connection to the Web including a computer, modem or other access device. Members may only access the Website through the interface provided by GGOB, generally accessible worldwide. However, access may not be available to all Members in all locations and GGOB reserves the right to limit access to the Website by any Member. You acknowledge and understand that GGOB is not required to provide any free assistance, including any technical or customer support, in connection with the Website and that your use of the Website is entirely at your own risk.
3. User Registration
In order to access the Member portions of the Website, you are required to complete a registration form containing personal information, including your first and last name, company name, position held, address, and e-mail address. If you decide to purchase products or services through the Website, you will also be required to provide billing, credit card and payment information, as well as agree to pay any and all applicable fees. You agree to provide true, accurate, current and complete information about yourself (including your e-mail address which will be used by GGOB as the primary method of communication to the Member), as submitted in any registration form on the Website. If any information provided is not true, accurate, current or complete, or GGOB has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then GGOB shall have the right to suspend or terminate your right to use the Website and refuse to provide any current or future Website access to you. You agree to be responsible for all acts and omissions that occur in connection with your Membership. You acknowledge that GGOB will not be liable for any failure by any Member to comply with this section.
4. Member Conduct
You represent, warrant, covenant and agree that you will not:
- (a) use the Website for illegal purposes;
- (b) upload, post, publish, transmit, or reproduce any content which contains software, software viruses, including Trojan horses, bots, worms or other harmful or destructive components or features designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- (c) create a false identity for the purpose of misleading others, impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
- (d) forge or otherwise manipulate uniform resource locators or other identifiers to acquire unauthorized access to restricted areas of the Website, or for any other purposes;
- (e) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- (f) use meta tag searches or any automated queries of any sort on the Website;
- (g) violate any applicable local, provincial, state, national, or international law or any regulations having the force of law;
- (h) promote or provide instructions, information or advice about illegal activities, promoting physical harm or personal injury against any individual or group.
Should you be found to be in violation of any of paragraph 4 herein, your Membership may be terminated immediately, without notice to you, in accordance with paragraph 11 herein.
5. Use of Personal Information and Privacy
6. Content Submitted to GGOB Through greatgame.com
Except as may otherwise be provided in a separate written agreement between you and GGOB, by submitting Content to GGOB through any registration form on the Website, you grant GGOB the royalty-free, world-wide and non-exclusive licence to display, distribute, sublicense, reproduce, modify, adapt and publish your Content solely for the purpose of displaying, distributing and promoting your company on the Website. You also grant GGOB the right to authorize the downloading and/or printing in whole or in part of any Content that you have submitted to the Website, by other Users or Members for their personal/non-commercial use.
7. Advertising on the Website
In consideration of your use of the Website, you acknowledge and agree that GGOB may arrange for the placement of advertising messages, banners, images, text or other communications (collectively referred to as “Advertising”) throughout the Website, unless provided otherwise in a separate written agreement between you and GGOB. Your communication or business dealings with, or participation in promotions of, advertisers found on or through the Website, including the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations in connection with such dealings are solely between you and the advertiser and you agree that GGOB shall not be liable or in any way responsible for any loss or damage of any sort through such dealings or arising from advertisers on the Website.
You agree to indemnify, defend and hold harmless GGOB and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Website, your Content, or your violation of the Terms & Conditions. GGOB reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
9. No Resale of Website Content
You agree not to resell, reproduce, sell or exploit, for any commercial purposes, the Website Content or any portion thereof or use of or access to the Website without the prior written consent of GGOB.
10. Modifications to Website
GGOB reserves the right from time to time, and at any time, to modify, suspend or discontinue the Website (or any part thereof) with or without notice to you and you agree that GGOB shall not be liable to you or to any third party as a result of any modification, suspension or discontinuance of the Website.
Except as otherwise provided in a separate written agreement between you and GGOB you agree that GGOB may, in its absolute and sole discretion, terminate your Membership and your access to and use of the Website at any time for any reason, including, without limiting the generality of the foregoing:
- (a) a determination by GGOB that you have violated or are threatening to violate the Terms & Conditions or any other published policy of GGOB or its Third Party Providers,
- (b) a determination by GGOB that you have accessed or are attempting to access any part of the Website without authorization, or
- (c) the discontinuance by GGOB of the Website, or any part thereof, for any reason whatsoever.
You also acknowledge that GGOB may in its sole discretion, terminate your Membership if your user name, e-mail address or any of the information you have entered as part of your Membership record is offensive or inaccurate. You acknowledge and agree that any actions taken by GGOB under this paragraph may be effective without prior notice to you. Further, you acknowledge and agree that GGOB shall not be liable to you or to any third party for any actions taken by GGOB under this paragraph, including without limitation, the termination of your access to the Website.
A termination, pursuant to the Terms & Conditions, may be made without notice and will be effective immediately. Where a Member’s access to the Website is terminated pursuant to the Terms & Conditions, such Member shall be prohibited from re-registering for, or continuing to use, the Website in any manner and/or for any reason whatsoever.
12. Special Offers and Promotions
From time to time, GGOB may, in its sole discretion, make special offers and promotions, such as product discounts, incentives or other benefits (“Promotions”) without creating any obligation on the part of GGOB other than as explicitly set forth in such Promotions, including, without limitation, any obligation to continue to offer such Promotions on a ongoing basis.
All trademarks, service marks, and logos used and displayed on the Website are the registered and/or unregistered property of GGOB and third parties. No rights are conferred on you, either expressly or by implication, to use the trademarks of GGOB or third parties without the permission of the respective trademark owners.
14. Third Party Links
This Website may contain links to other Internet sites or resources (“Third Party Sites”). Such links may have been provided by GGOB, or third parties. Since these Third Party Sites are not under the control of GGOB, you acknowledge and agree that GGOB shall not be responsible for the availability of the Third Party Sites nor is it responsible or liable for any content, advertising, products or other materials located on or through any Third Party Site. Links provided to Third Party Sites do not represent endorsements of any information, products or services on such sites, and no information on such sites has been approved or endorsed by GGOB. Under no circumstances shall GGOB be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available on such Third Party Sites. Any concerns that you may have regarding any Third Party Site should be directed to its respective site administrator or Webmaster.
15. Proprietary Rights
You acknowledge and agree that the Website and any necessary software used in connection with the Website (the “Software”) are the sole property of GGOB and contain proprietary and confidential information protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content, including but not limited to, text, software, music, sound, photographs, graphics, video, or other materials contained in advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service-marks, patents or other laws governing intellectual property and proprietary rights. Except as expressly authorized by GGOB, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based upon the Website or the Software in whole or in part. Content received through the Website may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way, Content available through the Website, the rights of which you do not already own.
16. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. GGOB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.
GGOB MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. GGOB DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. GGOB MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GGOB EITHER FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GGOB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF GGOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE WEBSITE (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR, (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF THE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
18. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE SOME OF THE ABOVE LIMITATIONS IN SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. Special Admonition Relating to Financial Matters
If you intend to use any news, messages, alerts or other information from the Website concerning companies, stock quotes, investments or securities, please re-read sections 16 and 17 again. In addition, for this type of information, particularly, the expression “Let the investor beware” would be particularly applicable to you or any other user. The Website is provided for informational purposes only and no Content included in the Website is intended for trading purposes. GGOB cannot be responsible for the content or accuracy of any information transmitted via the Website, and shall not be responsible for any trading or investment decisions made based on such information.
Notices may be sent to you or you may send notices to GGOB via either e-mail or regular mail. The Website may also provide notification of any changes to the Terms & Conditions or other matters pertaining to the Website by displaying notices or links to notices generally on the Website.
The failure of GGOB to exercise its rights or insist upon the performance of the user’s obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms & Conditions.
If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms & Conditions shall continue to be binding on and remain in full force and effect.
The Terms & Conditions, together with any separate written or online agreement between you and GGOB, constitutes the entire and only agreement, and supersedes any prior agreements between you and GGOB, (including, but not limited to all prior versions of the Terms & Conditions, where applicable).
The Terms & Conditions and the relationship between you and GGOB shall be governed by and construed in accordance with the laws of the State of Missouri and the United States, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Website or to the Terms & Conditions must be commenced within 1 (one) year after such claim or cause of action arose or be forever barred.
Section titles in the Terms & Conditions are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms & Conditions and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
22. Representations of Registered Member
By registering and accepting these Terms & Conditions, the Member, on behalf of him/herself, hereby represents, warrants and covenants to GGOB that: (a) she/he has the legal capacity to register and accept the Terms & Conditions as well as be bound by its content; (b) he/she is at least 18 (eighteen) years of age, or at least 13 (thirteen) years of age and has parental permission to establish registration, become a Member and be bound by the Terms & Conditions (this 13 year old age restriction has been established to comply with the Children’s Online Privacy Protection Act (COPPA) of 1998); (c) to regularly review these Terms & Conditions and, in the event of any change in them, continue to be bound by them or else immediately discontinue the use of the Website.
23. Security Policy
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
24. Refund Policy
All refunds will be provided as a credit to the credit card used at the time of purchase
within thirty (30) business days upon receipt of the returned merchandise.
25. Shipping Policy/Delivery Policy
Please be assured that your items will ship out within two (2) days of purchase. We determine the most efficient shipping carrier for your order. The carriers that may be used are: U.S. Postal Service (USPS), United Parcel Service (UPS) or FedEx. Sorry but we cannot ship to P.O. Boxes. If you’re trying to estimate when a package will be delivered, please note the following:
- Credit card authorization and verification must be received prior to processing.
- Federal Express and UPS deliveries occur Monday through Friday, excluding holidays.
- If you require express or 2 day shipping, please call us at 800.386.2752 for charges.
Questions or concerns about the Website and/or the Terms & Conditions may be directed to our Marketing Department by e-mail to firstname.lastname@example.org. This page was last revised on July 26, 2010.
I have read and understand the foregoing Terms & Conditions and agree to be bound by all of its terms.