Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBISTE (collectively, including all Content available through GameVee.com, the "GameVee Website", or "Website", such website owned and operated by GeeVee, Inc. ("GeeVee")), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms of Service"). For disclosures relating to the collection, protection and use of your information, see the GeeVee Privacy Notice, published at http://www.GameVee.com/privacy and incorporated herein by reference (the "Privacy Notice"). BY USING AND/OR VISITING THIS WEBSITE YOU ACKNOWLEDGE, AGREE AND CONSENT TO THE TERMS AND CONDITIONS OF THE PRIVACY NOTICE. If you do not agree to any of the terms of the Terms of Service or the Privacy Notice, then please do not use the GameVee Website.
2. GameVee Website
These Terms of Service apply to all users of the GameVee Website, including users who are also contributors of information, video content, and all other content. The GameVee Website may contain links to third party websites that are not owned or controlled by GeeVee ("Links"). The Links are not under the control of GeeVee and GeeVee is not responsible for the content of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. GeeVee is not responsible for any form of transmission received from any Link. By using the Website, you expressly relieve GeeVee from any and all liability arising from your use of any Links. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.
3. Website Access
A. GeeVee hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without GeeVee's prior written authorization, except for User Submissions; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although GeeVee will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GeeVee or others due to such unauthorized use. You may never use another's account without permission.
C. You agree not to use or launch any robot, spider, site search or other automated retrieval application that accesses the Website in a manner that sends more request messages to the GeeVee servers in a given period of time than a human can reasonably produce in the same period by using a conventional internet browser. Notwithstanding the foregoing, GeeVee grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
D. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. User Submissions
A. The GameVee Website permits the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. GeeVee does not guarantee any confidentiality with respect to any User Submissions.
B. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize GeeVee to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You shall retain all of your ownership rights in your User Submissions. By submitting the User Submissions to GeeVee or the GameVee Website, you hereby grant GeeVee a perpetual, irrevocable, worldwide, non-exclusive, royalty- free, sublicenseable and transferable license to use, reproduce, modify (including the insertion of GameVee or GeeVee watermarks) distribute, prepare derivative works of, display, and perform the User Submissions in connection with the GameVee Website and GeeVee's (and its successor's) business, including without limitation for promoting and redistributing part or all of the GameVee Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the GameVee Website and, at the sole discretion of GeeVee, each third party using the services of the GameVee Website, a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted under these Terms of Service, including without limitation, the posting and displaying of User Submissions on third party websites and blogs.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GeeVee all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iii) post advertisements or solicitations of business. GeeVee does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GeeVee expressly disclaims any and all liability in connection with User Submissions. GeeVee does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GeeVee will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. GeeVee reserves the right to (i) remove Content and User Submissions without prior notice, and (ii) terminate a User's access to its Website. GeeVee reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GeeVee may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. If you believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"), see 17 U.S.C 512(c)(3) for further detail. Notifications of claimed copyright infringement should follow the procedure outlined below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Please use the following instructions to submit a DMCA notification.
(i) Identify the copyrighted work that you believe has been infringed.
(ii) List the web address (URL) of the material that you claim is infringing the copyrighted work.
(iii) Provide your contact information so that we may contact you. An email address is preferred.
(iv) Include this statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
(v) Include this statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
(vi) Sign the notification.
Mail the notification to this address: Wyrick Robbins Yates & Ponton LLP Attn: David Mannheim 4101 Lake Boone Trail, Suite 300 Raleigh, NC 27607
Only DMCA notices should go to the address listed above; any other feedback, comments, requests for technical support, and other communications should be directed to GeeVee customer service through http://www.geevee.com/questionscomments.
E. You understand that when using the GameVee Website, you will be exposed to User Submissions from a variety of sources, and that GeeVee is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GeeVee with respect thereto, and agree to indemnify and hold GeeVee, Affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. GeeVee permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, GeeVee provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the GeeVee website on the pages containing the Embeddable Player.
5. Intellectual Property Rights
The content on the GameVee Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GeeVee, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GeeVee reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the GameVee Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GeeVee Website or the Content therein.
6. Disclaimer of Warranties
GEEVEE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. GEEVEE HEREBY DISCLAIMS ALL WARRANTIES EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. GEEVEE CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. GEEVEE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. GEEVEE DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE RELATED TO IMPLIED WARRANTIES.
7. Limitation of Liability
IN NO EVENT SHALL GEEVEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING LOSS OF USE, DATA OR PROFITS, WITHOUT LIMITATION, DAMAGES FOR (EVEN IF PROVIDED NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GEEVEE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, IF GEEVEE IS FOUND TO BE LIABLE, GEEVEE'S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID IN CONNECTION WTH THE SRVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
YOU AND GEEVEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GEEVEE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
8. Release
If you have a dispute with one or more users, you agree to release GeeVee and its directors, officers, employees, subsidiaries, joint ventures, agents, representatives, and affiliates (collectively, "Affiliates") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
9. Indemnification
You agree to indemnify and hold GeeVee and its Affiliates harmless from any demand, claim, suit, loss, liability or damage, including reasonable attorneys' fees, whether in tort or in contract, that GeeVee and its Affiliates may incur by reason of or arising out of any claim that is made with respect to your use of the Website, including without limitation (i) with respect to any breach of these Terms of Service by you, (ii) with respect to any act or omission of you, (iii) with respect to any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights or obscenity relating to your use of the Website, or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GeeVee Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as use of the GameVee Website is prohibited by all persons under the age of 13.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GeeVee without restriction.
12. General
You agree that: (i) the GameVee Website shall be deemed solely based in North Carolina; and (ii) the GameVee Website shall be deemed a passive website that does not give rise to personal jurisdiction over GeeVee, either specific or general, in jurisdictions other than North Carolina. These Terms of Service shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and GeeVee that arises in whole or in part from the GameVee Website shall be decided exclusively by a court of competent jurisdiction located in Wake County, North Carolina. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. These Terms of Service, together with the Privacy Notice and any other legal notices published by GeeVee on the Website, constitute the entire agreement between you and GeeVee with respect to the Website and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GeeVee with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GeeVee's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GeeVee reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the GameVee Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
Copyright © 2008 GeeVee, Inc.