TERMS AND CONDITIONS OF USE AND SERVICE FOR GAMEMATICS (GAMEMATICS.NET)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GAMEMATICS.

General Provisions and Terms:

Use of the website Gamematics, (including but not limited to membership thereon and subscription thereto), constitutes a legally binding agreement and contract between Gamematics and its members and/or users any/or subscribers. The specific terms and conditions of use and service for this website are specifically explained hereinafter. By using, accessing, joining, subscribing to, navigating or exploring this website, you hereby unconditionally agree to the terms and conditions of use and service, and agree to be bound by them, subject to all conditions and provisions associated therewith, so long as you continue to use, access, join, subscribe to navigate or explore Gamematics.net. IF YOU DO NOT ACCEPT, AGREE WITH, UNDERSTAND, OR AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR USE OF THIS WEBSITE, DO NOT USE THIS WEBSITE OR ITS ASSOCIATED SERVICES. If you use, access, join, subscribe to, navigate or explore this website, you unconditionally agree to use the site in accordance with the terms of use and service, and also warrant that you accept, agree with, understand and agree to be bound by the subject terms and conditions of use and service.

Further, by accepting these terms and conditions of use and service, you warrant that you have the contractual capacity and authority to enter into this agreement, and have not misrepresented any information presented to Gamematics in the formation of this contract for use and services. Any misrepresentations by the user/member/subscriber will render the agreement unenforceable by the user/member/subscriber. ���
By accepting the terms of this agreement, you also acknowledge that Gamematics does not screen its applicant’s, users, members, or subscribers and that you use this site and interact with other members/users/subscribers at your own risk and peril. You further acknowledge that you understand that the inherent risks associated with use of this website are part of the bargained for exchange and risk of this contract. 

The terms and conditions of use and service for this website are subject to change solely by Gamematics and these terms and conditions of use and service may be changed by Gamematics at any time, and for any reason, with or without prior notice. Should a change in the terms and conditions of use and service occur, your continued use, access, membership, subscription, navigation and/or exploration of this website will constitute your unequivocal acceptance of the new terms and conditions for use and service. Any and all changes to the terms of use and service, will be posted herein. All website users/member/subscribers agree to be immediately bound to any change in the terms and conditions of use and service, (whether material in nature, or not), if they continue to use, navigate or explore the website. 

Gamematics expressly reserves the right to terminate its agreement with you, immediately, for any reason, via the email address provided during registration, or via mail. If Gamematics finds that you are in breach of the terms and conditions of use and service, or are otherwise engaged in conduct which is harmful to the website, yourself, or other members/users, or unlawful, and your subscription and/or agreement is terminated, then you agree to be solely liable for any damages caused to Gamematics as a result of your breach or illegal conduct. 

For the purposes of this agreement, the term “Parties,” shall mean Gamematics and its site users and/or members and/or subscribers. 

The term “Services,” shall mean the services provided by Gamematics in connection with Gamematics.net. 

The term “Agreement,” and/or “Contract,” shall mean the subject Terms of Use and Service, as well as Gamematics’ privacy policy, and all legal notices associated therewith, which constitute the legally binding contract for services between the Parties. 

The terms “use,” and/or “membership,” and/or “subscription,” shall mean any participation in membership services, as well as any navigation, exploration, surfing, use, or inquiry into the website, Gamematics.net, for which membership, (paid or unpaid), is not required. 

The term “you,” or “your,” shall mean the user and/or member and/or subscriber. 

The term “site,” or “website,” shall mean Gamematics.net, as owned and operated by Gamematics. 

The Term “Subscriber,” or “Member,” shall mean any person partaking in a registered subscription to Gamematics.net, and their use of the services associated therewith. 

The Terms “Non-Member,” or “User,” shall mean any person partaking in non-member use or services, including but not limited to any navigation, exploration, surfing or inquiry into the website Gamematics.net. 

This Contract/Agreement is not assignable and except as otherwise expressly provided, you agree that there shall be no third party beneficiaries to this Contract/Agreement.

Terms, Conditions and Warrants of Eligibility: You must be at least 18 years of age to use and/or join and/or subscribe to Gamematics.net, and use of, or subscription to this website is void, where prohibited by law.

You warrant that you will not assign or provide access to your account to third parties, or any other individual. Further, you are solely responsible for your own account and any un-authorized access thereto, from third party/outside individuals. You agree to defend, indemnify and hold Gamematics harmless for any damage or harm accruing to you or third persons based on unauthorized or third party use of your account.

By posting content on Gamematics.net, you aver that you have ownership over said content, including but not limited to an irrevocable license to use such content/information, and that any information posted by you does not infringe upon the right of any third parties. You fully warrant and agree to be responsible for any damages to yourself, Gamematics or any foreseeable or unforeseeable third parties, flowing from your unauthorized use of a third party’s intellectual or physical property, and further agree to indemnify Gamematics for any damages flowing there from.

You expressly warrant that you will only provide truthful information in the use and/or membership and/or subscription to Gamematics, and that you are solely responsible for ensuring the accuracy of the information you provide. You also acknowledge that you are posting content on the internet, and that you are solely responsible for the direction and flow of content which you post, including its unauthorized use by others on the site.

In addition, all member’s/users/subscribers hereby warrant not to post any material, or links there to, containing racist content, threats of physical violence, threats to person or property or any other such harm against any individual on the site online or offline. Members/users/subscribers additionally warrant that they will not annoy or otherwise harass other members/users/subscribers, (or any agent or employee of Gamematics), or post web content that is defamatory, obscene, offensive, violative of law, or sexual in nature, or content that violates any copyright protections without consent of the owner, or content owned by other individuals without their consent, or spread any information about individuals encountered through the site or its services, to third parties, without the other individual/member/subscriber’s consent. Users/members/subscribers further warrant that they will not post any illegal content, or content that promotes illegal activities, and that they will not purposefully post content with computer viruses or any other material harmful to computer use/web use, such as spy ware, worms, junk mail, spam, phishing etc. Members/users/subscribers warrant that they will only use Gamematics for its intended and stated purposes, and will not use the site for any commercial activities, or to promote any commercial, political or religious entity. Gamematics reserves the right to restrict user/member/subscriber usage, if the user/member/subscriber is attempting to conduct, or conducting, commercial business through the website. Members/users/subscribers further warranty not to impersonate other people through the information given to Gamematics and warrant only to post web content relevant to the intent and purpose of Gamematics.  Gamematics reserves the right to block any web addresses or IP addresses from accessing the website, in order to preserve the purpose and integrity of the site.

USERS/MEMBERS/SUBSCRIBERS SPECIFICALLY AND EXPRESSLY WARRANT THAT THEY WILL NOT USE THIS WEBSITE TO SOLICIT INFORMATION OR CONTACT FROM  ANYONE UNDER THE AGE OF 18, IN DEVIATION FROM THE STATED PURPOSE OF THIS WEBSITE. IF ANYONE SUSPICIOUS ATTEMPTS TO CONTACT YOU, OR YOUR CHILD, NOTIFY GAMEMATICS ALONG WITH ANY APPROPRIATE LAW ENFORCEMENT OFFICIALS.

GAMEMATICS DOES NOT SCREEN ITS MEMBERS AND IS NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION APPEARING ON A MEMBER’S PROFILE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS/MEMBERS/SUBSCRIBERS AND YOU UNDERSTAND THAT GAMEMATICS DOES NOT PERFORM ANY TYPE OF BACKGROUND CHECK ON ITS USERS/MEMBERS/SUBSCRIBERS AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OR PROFILE INFORMATION OF ITS USERS/MEMBERS/SUBSCRIBERS. IN ACCESSING THIS WEBSITE AND ITS SERVICES, YOU EXPRESSLY ASSUME THE RISK OF ANY DANGERS ASSOCIATED THEREWITH, AND ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN NOTICE THAT GAMEMATICS DOES NOT SCREEN, OR OTHERWISE CONFIRM, THE PROPRIETY AND VERACITY OF ITS USER/MEMBER/SUBSCRIBER INFORMATION, AND THAT NO WARRANTIES OR REPRESENTATIONS EXIST REGARDING SAME.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMEMATICS AND ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, VENDORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, AGENTS, ATTORNEYS OR SERVANTS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, FORESEEABLE AND UNFORESEEABLE DAMAGES, WHATSOEVER, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GAMEMATICS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GAMEMATICS AND ITS SITE MEMBERS/USERS/SUBSCRIBERS, WHO EXPRESSLY ACKNOWLEDGE THAT GAMEMATICS WOULD NOT BE ABLE TO PROVIDE THE SERVICES OR THE TERMS AND CONDITIONS HEREIN WITHOUT SUCH LIMITATIONS. THE PARTIES EXPRESSLY ACKNOWLEDGE RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN THE PARTIES AND FORM A BASIS OF THE BARGAIN BETWEEN THE PARTIES. GAMEMATICS IS NOT LIABLE OR RESPONSIBLE FOR ANY MISREPRESENTATIONS BY OTHER SITE MEMBERS/USERS/SUBSCRIBERS IN CONNECTION WITH THE SERVICE OR THEIR USE THEREOF, AND GAMEMATICS IS NOT RESPONSIBLE FOR ANY HARM, EITHER ECONOMIC, OR PERSONAL, INCLUDING DEATH, OR ANY OTHER HARM KNOWN OR UNKNOWN, RESULTING FROM USE OF THE SITE GAMEMATICS.NET, OR ITS SERVICES, OR INTERACTION OR MEETINGS WITH OTHER MEMBER/USERS/SUBSCRIBERS EITHER ONLINE OR OFFLINE. GAMEMATICS FURTHER DISCLAIMS ANY LIABILITY FOR ANY THIRD PARTY CONTENT APPEARING ON THE WEBSITE GAMEMATICS.NET, OR ANY LINKS TO OUTSIDE CONTENT APPEARING ON GAMEMATICS.NET. MEMBERS/USERS/SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHATSOEVER, EITHER PERSONAL OR ECONOMIC, RESULTING FROM USE OF OUTSIDE, NON-OWNED, CONTENT APPEARING ON GAMEMATICS.NET.

Disclaimer of Warranties:

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, GAMEMATICS DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES RENDERED BY THE SITE, ITS AGENTS, ASSIGNS, EMPLOYEES OR SERVANTS, OR THE RESULTS OBTAINED FROM ITS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE WEBSITE GAMEMATICS.NET AND ITS RELATED SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND COME WITH ALL FAULTS. GAMEMATICS FURTHER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. GAMEMATICS IS NOT RESPONSIBLE FOR ANY HARM CAUSED TO A COMPUTER DURING USE OF THE WEBSITE GAMEMATICS.NET, OR ARISING FROM USE OF THE SERVICES ON GAMEMATICS.NET. THE SERVICES AND ANY WEB CONTENT ON GAMEMATICS.NET ARE NOT PROFESSIONALLY RENDERED, AND SHOULD NOT BE CONSTRUED AS SUCH. S GAMEMATICS MAKES NO WARRANTIES EXPRESS OR IMPLIED, REGARDING QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO ITS SERVICES. GAMEMATICS IS NOT RESPONSIBLE FOR ANY HARM RESULTING FROM USE OF THE WEBSITE OR ITS SERVICES OR FROM ANY MISREPRESENTATIONS MADE BY ANY USERS/MEMBERS/SUBSCRIBERS OR RESULTING FROM INTERACTIONS OR MEETINGS WITH OTHER USERS/MEMBERS/SUBSCRIBERS OR FROM ANY NON-COMPLIANCE WITH THE TERMS OF USE AND SERVICE BY OTHER USERS/MEMBERS/SUBSCRIBERS. GAMEMATICS IS NOT RESPONSIBLE FOR LINKS OR OTHER OUTSIDE CONTENT, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS AND SPONSORSHIPS, PROVIDED ON ITS WEBSITE, OVER WHICH IT HAS NO DIRECTION OR CONTROL. YOU USE ANY SUCH LINKS AND RELY ON ANY REPRESENTATIONS MADE IN ANY ADVERTISEMENTS OR SPONSORSHIPS AT YOUR OWN RISK, AND AGREE THAT YOU WILL DEFEND, INDEMNIFY AND HOLD GAMEMATICS HARMLESS FOR ANY DAMAGES, EITHER DIRECT, INCIDENTAL OR CONSEQUENTIAL, FLOWING FROM ANY THIRD PARTY WEB LINK OR OUTSIDE CONTENT, AND USE THEREOF.

Indemnification and Insurance:

All members/users agree that they shall defend, indemnify and hold harmless Gamematics and Gamematics.net, it agents, officers, directors, assigns, attorneys and employees from and against all losses, claims, damages, (either personal or economic), penalties, costs and expenses made by any third party and resulting from your use/membership/subscription of/to the website Gamematics.net and its concomitant web services. Additionally, you agree that you shall indemnify and hold harmless Gamematics and Gamematics.net, its agents, officers, directors, assigns, attorneys and employers from any harm, (either personal or economic), penalty, cost and expense caused by the negligence, gross negligence, willful misconduct or intentional acts or omissions caused by you or by any other users/members/subscribers of this site, or their employees, agents or servants You also agree to hold Gamematics and Gamematics.net harmless from any harm or damage flowing from an inability by you or any other users/members/subscribers to use the website, and from any violation by you or any other user/member/subscriber of the terms of this agreement, or any applicable controlling law. You further agree to cooperate with Gamematics in conjunction with any claim arising out your use and/or membership and/or subscription, and in the defense thereof. Members/users/subscribers also agree to list Gamematics and Gamematics.net, as an insured under any applicable insurance policy held by the member/user/subscribers, and covering the events and or actions contained within the use of this website.

Entire Agreement:

The parties hereby acknowledge that this document is a complete statement of the agreement between them, with respect to the services provided by Gamematics and conditions associated therewith, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions relating to the subject matter hereof. Additionally, except as otherwise expressly agreed to by Gamematics, any additional or different terms in the parties communications, are hereby deemed to be material alterations and notice of objection and rejection of them is hereby given.

Force Majeure:

Gamematics shall not be liable for any delays or other non-performance resulting form circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, any law, order or requirement of any governmental agency or authority, or any act or omission of employees or agents of Gamematics’ members and/or users and/or subscribers. In this event and to the extent of any period of such delay, non-performance shall not be deemed a breach of this Agreement.

Notices:

Any notices, requests, demands and other communications provided for by this Agreement will be sufficient if in writing and delivered by email or sent by registered or certified mail, postage prepaid, to Gamematics.

Survival:

The following provisions shall survive any expiration or termination of this Agreement and remain in effect until fulfilled.

Enforceability:

If any portion or provision of this Agreement is to any extent declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, will not be affected thereby, and each portion and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. In the event that any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable by reason of excessive scope as to geographic, temporal or functional coverage, such provision will be deemed to extend only over the maximum geographic, temporal and functional scope as to which it may be enforceable. Further, the failure of Gamematics to enforce any provision in its terms of service, does not constitute a waiver of enforceability for such provision, and such provision will be deemed to still stand in full force and effect.

Governing Law and Jurisdiction:

This is a Florida contract and this agreement, as well as all services associated herewith, shall be construed under and shall be governed in all respects by the laws of the State of Florida, (without giving effect to its conflict of laws principles). In addition, the parties to this contract hereby acknowledge that any dispute arising out of this agreement shall be subject to the jurisdiction of the laws of the State of Florida. By accepting this agreement you also waive any right to challenge venue and hereby acknowledge that venue and forum for any dispute arising out of this contract/agreement shall lie in the state and federal courts of the State of Florida.

Interpretation of Conflicting Terms:

In the event of a conflict between or among the terms in this Agreement, all interpretation will be in accordance with the general provisions of this contract, and all terms will be construed in accordance therewith.

Headings:

The headings in this Agreement are inserted solely as a matter of convenience and for reference, and shall not be considered in the construction or interpretation of any provision hereof.

Removal of Content:

Gamematics reserves the right to remove content from any user/member/subscriber’s page which Gamematics or Gamematics.net deem to be inappropriate to the purpose of the website, violative of the terms of service, or illegal, pursuant to state or federal law. Members/users/subscribers hereby acknowledge the right of Gamematics to remove such content, at its discretion.

Membership/Use/Subscription and Cancellation:

You have the ability to become a member of Gamematics.net at no cost. Membership creates the ability to participate in all of the services of this website, including the ability to search/see search results, the ability to participate in forums, and the ability to comment on testimonials. Subscribing members can sign in/out, create a profile, see other complete profiles, contact search results, and see messages and contacts from other members. Non-members cannot create a profile, will have limited access to site information, and will not be able to access information about other members or participate in forums or testimonials.

Cancellation/Termination. You may terminate your subscription at any time.  Cancelled members will lose the site functionality afforded to active members, and will only be able to access the site in a limited capacity, as described above.

Advertisements and Sponsorships:

Users/members/subscribers of Gamematics.net hereby acknowledge that advertisements from sponsors or other third parties do not represent the view and opinions of Gamematics and are solely those of the entity providing the advertisement or sponsorship. Users/members/subscribers of Gamematics.net also hereby acknowledge that Gamematics, its agents, employees, servants and attorney’s are not responsible for the content of any advertisements or sponsorships appearing on Gamematics.net, and that users/members/subscribers rely on any content found in any advertisement or sponsorship material, at their own risk and peril. Further, by using, navigating, or subscribing to Gamematics.net, the user, navigator, member or subscriber hereby warrants and acknowledges that it will not seek liability and compensation against Gamematics for any damage accrued in connection with the advertisement or sponsorship, whether direct, indirect, consequential, incidental, known or unknown.

Testimonials, Forums, Blogs, and Communication with Members/Non-Members:

Testimonials, forum content, blogs, and all other communication with/by other Members/Non-Members, provided on Gamematics.net solely represents the views of the author(s), and members/users/subscribers of Gamematics.net hereby acknowledge that Gamematics its agents, employees, servants and attorneys are not responsible for the content of any testimonials, forum discussions, blogs or other communications appearing on/via the website, and that members/users/subscribers rely on any information provided in the testimonials, forums, blogs, or other communications from/by other members/non-members, at their own risk and peril, and hereby agree to defend, indemnify and hold Gamematics, its agents, employees, servants and attorneys harmless for any damages flowing from reliance on testimonials, forums, blogs or any other communication with members/non-members, whether direct, indirect, incidental, consequential, or otherwise.

Tips Suggestion, Recommendations, and Contact From Gamematics:

Members/users/subscribers of Gamematics.net also hereby acknowledge that that any information contained within Gamematics.net sent by Gamematics does not constitute professional advice, and should not be construed as such, and is for informational purposes only. Member/users/subscribers of Gamematics.net hereby acknowledge that they rely on any information contained on or obtained from Gamematics at their own risk and peril, and hereby agree to hold Gamematics it agents, employees, servants and attorney’s harmless for any damages flowing from reliance on any tips, suggestions recommendations, contact and/or any other information on Gamematics, whether direct, indirect, incidental, consequential, or otherwise.

Gamematics also reserves the right to contact its members/users/subscribers, via telephone or email, to inquire about member/user/subscriber interest in other services/products of Gamematics. Any member/user/subscriber who does not wish to be contacted in this manner, must send written notice to the Gamematics.

Privacy Policy:

Gamematics guarantees that it will not share any of your personal information with any other company.  We do store your username and email in our user database, however, we maintain sole ownership of this information and will not share, sell or rent your information to third parties.  We reserve the right to use your information to improve the quality, content and operation of our website, and to perform research and marketing.

If Gamematics is sold, assigned or transferred, your information will be provided to the new site owner.  In addition, the information you have provided to Gamematics may be disclosed in response to a subpoena or request from law enforcement officials, or court order.  We may also share your information with billing entities or companies that you select for billing on your account. Further, by using this website, and its services, you acknowledge that any information provided can be viewed and shared by others.

Gamematics is not responsible for any damages related to, arising out of or as a result of information you post, and you specifically warrant to defend, indemnify and hold Gamematics harmless for any damages flowing from information you post.

Gamematics takes reasonable steps to protect your personal information. By using or joining the website, however, you acknowledge that you are conducting internet transactions, and that certain security risks are inherent therein, no matter what precautions or protections are in place. You expressly and impliedly assume liability in this regard.

This website may also contain links to websites or third party companies to which this privacy policy does not apply.  Should you choose to give any of your personal information to a third party, you do so at your own discretion, risk and peril.

Changes to this privacy policy will be posted on this website, and you will need internet access to review same.

Electronic Signature/Acceptance of Terms and Conditions of Use and Service:

Through your use of this website as a user/member/subscriber, you hereby expressly warrant and aver that you have read these terms and conditions completely, and agree to be bound by them. You further acknowledge the existence of an electronic agreement between the parties and agree that your use and/or membership and/or subscription constitutes your electronic signature to this agreement. You also acknowledge that you require access to the World Wide Web in order to receive updates and changes to this agreement. To resolve any complaint regarding your use and/or service and/or subscription of/to this website, you may also contact Gamematics through
email

BY CHOOSING TO CONTINUE WITH USE AND/OR REGISTRATION OF GAMEMATICS.NET, I CERTIFY THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN AS EXPRESSLY OR IMPLIEDLY STATED