Welcome to gamesloth.com, an Internet website owned and operated by Game Sloth, Inc. (hereinafter referred to as “we” and “us”). This agreement (“Agreement”) is a legally binding contract entered into by and between you and us. The following are the terms and conditions for use of this website, your submission to us of any games or other material, and for use of any services which may be offered from time to time by us. Please read this Agreement carefully.
BY USING THIS WEBSITE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF THIS WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU MAY PRINT THIS AGREEMENT OR SAVE IT AS A FILE ON YOUR COMPUTER. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS, VIEW OR PLAY CONTENT FROM THIS WEBSITE OR OTHERWISE USE THIS WEBSITE.
We may amend this Agreement at any time by posting amended terms on this website. Please check this Agreement periodically for changes. You are responsible for regularly reviewing this Agreement. Your continued use of this website after any amendment to this Agreement shall constitute your consent to such amendment. This Agreement was last amended on July 2, 2009.
1. Limited Right to Use. As a user of this website, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use this website, including accessing, viewing and playing content and posting or submitting User Material (as defined herein), in accordance with this Agreement. You may use this website for your own personal use and not for commercial use, republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of this website. Any rights not expressly granted to you herein are reserved to us. Minors should seek consent of his or her legal guardian before using this website. Unless you have received specific written permission from us, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on this website; (b) alter or modify any content on this website; or (c) deep link or gain unauthorized access to any portion of this website.
2. Limited Right to Use Applications. We may offer you the ability to use certain applications, including without limitation, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content. Certain applications may be owned by third parties and you agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We may cease support of any application at any time in our sole discretion or terminate your use of or access to any application. Applications you use or download from this website may contain third party digital rights management systems (“DRMS”) which may allow for communication between your software and the third party and utilize security features (i.e., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that we shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties.
3. Registration and Use of Password. We may require users to have a unique user name and password combination in order to access and use certain features or functions of this website. As part of the registration process, you will choose a user name and password. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THIS WEBSITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through this website for which you will be legally responsible.
4. Conduct. Your use of this website is subject to all applicable federal, state and local laws and regulations. By way of example, and not as a limitation, you agree not to use, allow, or enable others to use this website to:
use this website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or phishing;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, racist, discriminatory or unlawful content;
advertise or offer to sell or buy any goods or services;
harvest or otherwise collect information about others, such as email addresses, without their consent;
transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, spyware or any other harmful or disruptive programs;
transmit or upload any material that contains content protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have obtained all necessary consents;
attempt to gain unauthorized access to computer systems or networks through any means;
violate any applicable laws or regulations, including without limitation, laws regarding the transmission of technical data or software exported from the United States, or the country in which you reside;
interfere with another user’s use and enjoyment of this website;
conduct any form of lottery or gambling.
6. Intellectual Property. The design, text, certain images and artwork, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the website, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and certain trademarks, service marks and trade names, are the property of Game Sloth, Inc.; provided, however, the games on this website are considered to be public domain and comply with third party site’s policies. We try our best to give as much credit back to those authors/owners/organizations etc. as possible. If you believe such a game should not be featured, Contact Us . All trademarks/materials are the sole property of their respective owner, including but not limited to games, images, and trademarks. You agree not to alter, delete or conceal any copyright or other notices contained on this website, including notices on any material you download, transmit, display, print or reproduce from this website. You do not acquire ownership rights to any content, document or other materials viewed, accessed or played through this website. The posting of information or materials on this website does not constitute a waiver of any rights in such information and materials.
7. Submissions from User. The term “User Material” means any and all content, media and materials you submit to us, including, without limitation, games, writings, messages, user feedback, data, comments, suggestions, information, text, data, software, images, files, music, audio, video, animated and/or motion pictures, caricatures, likenesses, computer graphics, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form. In connection with all User Material you submit, you grant to us the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Material for any purpose whatsoever without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to us in our sole discretion. You acknowledge and agree that we shall not be required or have any obligation to host, index, display, accept or use any submitted User Material and we may, in our sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Material. You are not entitled to and you will not receive any compensation or other consideration for your User Material or any use made of your User Material once submitted. You hereby release us from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Material, including, without limitation, any and all liability for any use or nonuse of the your User Material, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. We acquire no title or ownership rights in or to any User Material you submit and nothing in this Agreement conveys to us any ownership rights in your User Material. We are acting only as a host, bulletin board or conduit for submitted User Material, with all of the specific rights granted by you hereunder. You must own the rights to the User Material you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s). By submitting User Material, you represent, warrant and covenant that your submission of any User Material does not violate this Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party.
8. Modification of this Website. We may without notice modify or discontinue, temporarily or permanently, any or all of this website. You agree that we will not be liable for any such modification or discontinuance of this website.
9. Advertising. From time to time, as a result of your use of this website, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (“Advertisers”) such as our advertisers, sponsors, or promotional partners. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
10. Indemnification. You agree to indemnify and hold harmless Game Sloth, Inc., its successors and assigns and affiliates and each of our officers, directors, members, agents and employees from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses (including, but not limited to, attorneys’ fees and court costs) and disbursements of any kind or nature whatsoever that may be imposed upon, incurred by, or asserted in any matter relating to or arising from your use of this website or your violation of this Agreement.
11. Disclaimer and Limits.
THIS WEBSITE, AND ALL GAMES, CONTENT, MATERIAL AND POSTINGS, AND ALL INFORMATION FROM OR THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT OBTAINED FROM THIS WEBSITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSSES OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS WEBSITE AND THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN AN ELECTRONIC FILE OBTAINED FROM THIS WEBSITE IS DISCLAIMED. WE SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES SHALL BE EQUAL TO THE PURCHASE PRICE YOU PAY TO US, IF ANY, FOR ANY CONTENT, GOODS, SERVICES OR INFORMATION.
BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THIS WEBSITE.
12. Links to Other Websites. This website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our site does not imply approval or endorsement of the linked website by us. If you decide to leave our website and access these third-party websites, you do so at your own risk.
13. General. This Agreement shall be subject to and interpreted in accordance with the laws of the State of Ohio, excluding its conflicts of laws rules. You agree that the exclusive jurisdiction for any claims or action relating to this Agreement or your use of this website shall be in the courts located in Montgomery County, Ohio, and you submit to the exercise of personal jurisdiction in those courts. This Agreement sets forth the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior oral and written agreements and understandings related hereto. The failure of either party at anytime (or times) to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision or any other provision. In the event that one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the court is authorized and directed to rewrite said provision to the maximum extent enforceable and the remainder of this Agreement shall continue in full force and effect. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of this website. The section headings contained in this Agreement are inserted for convenience only and in no way define, limit or extend the scope or intent of any provision of this Agreement. You agree that you may not assign this Agreement and that we may freely assign this Agreement. All provisions of this Agreement which by their nature are intended to survive the expiration or termination of this Agreement shall survive and remain in full force and effect. Any cause of action by you with respect to this website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THIS WEBSITE. IN ADDITION, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER WEBSITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Last updated July 2, 2009
What Information Is Collected?
When you visit our website you may provide us with two types of information: (1) personal information you knowingly choose to disclose that is collected on an individual basis; and (2) website use information collected on an aggregate basis as you and others browse our website.
1. Personal Information You Choose To Provide
We collect only the domain name, but not the email address of visitors to our website. However, when you register for a user name and password, or otherwise request/obtain information or services from our website, we may ask you for your name, address, phone numbers, e-mail address, and some other personal information. In addition, if you choose to correspond further with us through e-mail, we may retain the content of your e-mail messages, together with your e-mail address, and our responses. We provide similar protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
2. Website Use Information
Similar to other commercial websites, our website utilizes a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server logs to collect information about how our website is used. When you visit an Internet website, you disclose information about yourself, such as your Internet protocol (IP) address, the time of your visit, and the referring location (e.g., the site or page that offered a link to us). Other information gathered through cookies and web server logs may include the pages viewed, the time spent at our website, and the websites visited just before and just after our website. We, like many other sites, record this basic information about visits to our website. This information is collected on an aggregate basis.
How And When Information Is Used
1. Personal Information
We use personal information for purposes of administering our business activities and providing products and services. We shall also be free to use or copy all ideas, inventions, concepts, techniques or know-how contained in any communications you direct to us for any purposes, including disclosure to third parties and/or developing and/or marketing products or services.
We may sometimes use other businesses to perform certain services for us, such as maintaining the website and our mailing lists, processing orders and delivering products, sending postal mail and providing marketing assistance and data analysis. We may provide personal information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. We will take reasonable steps to ensure that these third party service providers are obligated to protect your personal information on our behalf. As we develop, we may buy other businesses or their assets or sell our business or assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that we or substantially all of our assets are acquired, customer information would be one of the transferred assets.
2. Website Use Information
We use website browser software tools, such as cookies and web server logs, to gather information about the browsing activities of visitors to our website in order to improve our website and better serve our visitors. This information assists us to design and arrange our web pages in the most user-friendly manner and to continually improve our website to better meet the needs of our visitors. We also use this information for purposes of system administration and to report aggregate information.
Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by visitors to our website as they move from one page to another. Web server logs allow us to count how many people visit our website and evaluate our site’s visitor capacity.
What Are Cookies?
Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a website. They are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with that website by the same user or to use the information to streamline the user’s transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies are used to make your on-line experience easier and more personalized.
Who Has Access To The Information?
Except as described herein, we will not willfully disclose any individually identifiable information about our users to any third party without first receiving that user’s permission. However, we may disclose personal information when we believe in good faith that the law requires it or to protect our rights or property. When you give us personal information, you are consenting to the disclosures as described herein.
How We Protect Your Information
The privacy and protection of your personal information is vitally important to us. We do not make personal information available to any third parties without your permission, except as provided herein. Any user statistics are provided in the aggregate only and do not include any personally identifiable information. Our corporate values, ethical standards, policies and practices are committed to the protection of visitor information.
Unfortunately, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, despite our efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. You transmit all such information at your own risk. However, once we receive your transmission, we make commercially reasonable efforts to ensure its security on our systems.
What About Other Websites Linked To Our Website?
We are not responsible for the practices employed by websites linked to or from our website nor the information or content contained therein. Often, links to other websites are provided solely as pointers to information on topics that may be of interest or useful to the visitors of our website.
You should remember that whenever you voluntarily disclose personal information on-line, such as on message boards, through e-mail, discussion groups, or in chat areas, your information can be collected and used by others. Although we try to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.