Games That Give, Inc.

These Terms and Conditions of Use (the “Agreement”) describe the terms and conditions applicable to your (hereinafter “You”) use of online games (the “Services”) provided to You by Games That Give, Inc. (“GTG”). By clicking on the “I Accept” button below, or by using the Services, you agree to all of the terms and conditions contained in this Agreement.

1. Your Use of Services. Subject to the terms and conditions of this Agreement, You may access and use the Services for the purposes of playing online games. The right to use the Services is limited to the person identified in the applicable registration form. You will not use the Services in any way that: (i) does not comply with the terms of this Agreement, as amended by GTG from time to time, or any other terms, rules, or guidelines provided by GTG concerning your use of the Services; (ii) may subject GTG to unfavorable regulatory action, violate any law, infringe upon the rights of third parties, or subject GTG to liability for any reason; or (iii) might adversely affect GTG’s public image, reputation or goodwill. All right, title and interest in and to the Services are owned and retained exclusively by GTG. Except for the rights and licenses expressly provided herein, all rights, title and interest in the Services, including all corrections, enhancements and modifications thereof, are reserved by GTG.
2. Term and Termination. This Agreement allows you to access and use the Services for the term selected by You in your registration form. GTG reserves the right to terminate or suspend Your access to all or part of the Services, without notice and in its sole discretion, if GTG believes that Your use of the Services does not comply with the terms of this Agreement. Upon the expiration or termination of this Agreement for any reason, Your access to the Services will be terminated.
3. Your Information. You represent that the information provided by You in the online registration form is accurate, complete and current, and You agree to update that information promptly if there is any change. You represent that you have the authority to execute this Agreement on your behalf. The information that you provide in the online registration form, together with any other information obtained from you or through your use of the Services are collectively referred to as “Your Information.” You acknowledge that by providing any of Your Information to GTG, you authorize GTG to use Your Information as described in GTG’s Privacy Policy.
4. Your Password. You are responsible for keeping your password secret and confidential. You agree that you are responsible for any communications, transactions or use of the Services, which are made using your password. You are responsible for changing your password if you believe that your password has been stolen or might otherwise be misused or compromised. You may not assign your password or any of your rights under this Agreement without the prior written consent of GTG, and any attempted assignment without such consent will be void.
5. Conduct. You are solely responsible for all data, information and other materials that you upload, post, e-mail or otherwise transmit to or through the Services. You will not: (i) publish, post, distribute or disseminate defamatory, inflammatory, or obscene material or information, or any information, data or materials, in violation of any applicable law, rule or regulation; or (ii) interfere with, compromise or adversely effect the ability of any other customers or other users of the Services.
6. Software; Content. Except as allowed under this Agreement, You agree not to translate, reverse engineer, disassemble, or de-compile, the software that is accessed and used as part of the Services (the “Software”), in whole or in part. You acknowledge and agree that all right, title and interest in and to the information, data, Software, photographs, graphics, videos and other material (collectively the “Content”) provided in connection with the Services, including, without limitation, any copyrights in or to the Content, belong to GTG and its content providers, and you will not assert any claims to the contrary. You acknowledge that Content provided as part of the Services may change at any time, without any obligation on the part of GTG to notify you of such changes. You may not: (i) copy, edit, alter, modify or prepare any derivative works of the Content or any portion thereof; (ii) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included as a part of the Services; or (iii) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form.
7. Disclaimer of Warranty. THE USE OF THE SERVICES AND THE SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND GTG HEREBY DISCLAIMS THE SAME. YOU ACKNOWLEDGE THAT THIS IS BETA RELEASE OF THE SERVICES AND IS NOT A FULLY TESTED OFFERING, AND THAT THE SERVICES MAY CONTAIN DEFECTS, FAIL TO COMPLY WITH APPLICABLE SPECIFICATIONS, AND PRODUCE UNINTENDED OR ERRONEOUS RESULTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
8. Limitation of Liability. GTG WILL NOT BE LIABLE FOR ANY, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION). IN NO EVENT WILL THE LIABILITY OF GTG TO YOU FOR ALL CLAIMS IN THE AGGREGATE ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER ARISING IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EXCEED ONE HUNDRED DOLLARS.
9. Amendment. GTG reserves the right to amend this Agreement and its rules and guidelines at any time by providing You with notice of such amendment. If You do not agree to the terms of such amendment, rules or guidelines, you may terminate this Agreement and Your use of the Services by providing notice of the same to GTG within 10 business days of the date of such notice. Such amendment will be effective after the expiration of such ten day period.
10. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement will be finally settled by binding arbitration in San Francisco, California, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator will apply the law of the State of California, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator will have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees.
11. Miscellaneous. This Agreement and the rights granted hereunder may not be assigned or transferred by you, in whole or in part. Without limiting the foregoing, you may not provide any other person access to the Services. If any provision of this Agreement is held invalid, such invalidity will not affect any other provisions of this Agreement. Headings are inserted for reference only and will not be construed as a part of this Agreement. No failure or delay on the part of GTG to exercise any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise thereof or of any other right. This Agreement represents the entire understanding and agreement between you and GTG concerning your Use of the Services and Product, and supersedes any prior representations, understandings or agreements.