January 24th, 2009
Version 1.3
These Terms of Use shall apply to all Web Sites owned and/or operated by GoodGa.me, including without limitation the Web Site on which these Terms of Use are posted. All GoodGa.me Web Sites start with the prefix “http://goodga.me”. GoodGa.me maintains this and other Web Sites as a service to its customers. By accessing and/or using the Web Sites owned, operated and/or maintained by GoodGa.me you are expressly agreeing to comply with and be bound by the following Terms of Use and GoodGa.me’s Privacy Policy separately provided, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE GoodGa.me WEB SITES AND MUST NOT ACCESS OR USE THEM. GoodGa.me may revise and update these Terms of Use at any time. Please periodically review them because your continued usage of the GoodGa.me Web Sites affirms your agreement with any such changes.
You further understand and agree that any updates, enhancements or added features of any GoodGa.me Web Sites or services shall be made part of these Terms of Use.
GoodGa.me makes no warranty as to the safety, reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of information on its Web Sites. While GoodGa.me makes every attempt to ensure the security of our Web Site, we cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. GoodGa.me cannot and does not guarantee or warrant that files available for downloading from the GoodGa.me Web Sites are free from infection by viruses, worms, Trojan horses or other code(s) that may harm your computer or system. GoodGa.me does not warrant that the GoodGa.me Web Sites will be delivered to you over the Internet uninterrupted or error-free or that defects will be corrected. Users are responsible for implementing and maintaining adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to all GoodGa.me Web Sites, including, but not limited to user web pages.
You will not hold GoodGa.me responsible for other users' (including Event Holders') content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of events advertised, the truth or accuracy of user's content, listings, or ability to perform, or actually complete a transaction.
Ownership: All content included on the GoodGa.me Web Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of GoodGa.me or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the GoodGa.me Web Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by (see “Permitted Uses” below) or authorized by GoodGa.me or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works, in whole or in part, based on the GoodGa.me Web Sites, services, products or software.
The content and software on the GoodGa.me Web Sites may be used as an information, entertainment, registration and/or shopping resource. In addition, GoodGa.me hereby authorizes you to view, copy, download, and print for personal use only any GoodGa.me-owned content on the GoodGa.me Web Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by GoodGa.me licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by GoodGa.me, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the GoodGa.me Web Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the GoodGa.me Web Sites, the GoodGa.me logos or other design elements or software. Any use of the GoodGa.me Web Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any GoodGa.me Web Site. You agree not to modify any software for a GoodGa.me Web Site in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the GoodGa.me Web Sites. You agree not to access the GoodGa.me Web Sites by any means other than through the interface that is provided and authorized by GoodGa.me.
Copyright Complaints. GoodGa.me respects the intellectual property of others, and we ask our content partners and GoodGa.me members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the GoodGa.me Web Sites in a way that constitutes copyright infringement, you may notify GoodGa.me by providing GoodGa.me's copyright agent the following information:
GoodGa.me trademarks identify GoodGa.me products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to GoodGa.me. Other uses require written permission from GoodGa.me, and absent such express permission, you agree not to use or display the GoodGa.me trademarks in any manner. Please make such requests by e-mail to legal@GoodGa.me; we will evaluate your request as soon as possible.
The GoodGa.me logos are trademarks and service marks of GoodGa.me. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
Access to the Site does not grant to you the right to reproduce, copy, or distribute (except as permitted by GoodGa.me on GoodGa.me-provided user Web pages through the standardized GoodGa.me selection process) by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings transmitted through the Site, including (without limitation) transferring or downloading them to a computer hard drive, or otherwise copying them onto any other storage medium. In addition, access to the site does not grant to you the right to perform publicly, by any means, method, or process whatsoever, now known or hereafter developed, any of the musical compositions or sound recordings made available by GoodGa.me or its affiliated companies through the site, including (without limitation) any transmission, retransmission, or further transmission through the Site.
GoodGa.me has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe use of any material on this Site is infringing, please contact GoodGa.me mmediately via e-mail at legal@GoodGa.me.
You may notify GoodGa.me of alleged intellectual property rights infringement by contacting GoodGa.me at: legal@GoodGa.me.
GoodGa.me’s Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Search Trademarks” and the Canadian Trademark Office at: http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html at “Search” indicating GoodGa.me as the identified owner for conducting such search.
As a convenience to our members, we may provide links to third-party Web Sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Should you choose to access such site, you hereby waive any claim you might have against GoodGa.me with respect to such sites.
In addition, you may order services or merchandise through the GoodGa.me Web Sites from other persons not affiliated with GoodGa.me ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the GoodGa.me Web Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. GoodGa.me makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider GoodGa.me, nor will GoodGa.me be construed as, a party to such transactions, whether or not GoodGa.me may have received some form of revenue or other remuneration in connection with the transaction. You agree that GoodGa.me will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify GoodGa.me of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to GoodGa.me, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GoodGa.me has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. GoodGa.me has the right to immediately suspend or terminate your account and refuse any and all current or future use of the GoodGa.me Web Sites or related products and services (or any portion thereof). GoodGa.me makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, You also give your child permission to access many areas of the GoodGa.me Web Sites related to the registration, including e-mail, message boards and other registration related information. Please remember that the GoodGa.me Web Sites and GoodGa.me services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the GoodGa.me Web Sites areas and/or content are appropriate for your child.
Registration data and certain other information about you is subject to GoodGa.me’s Privacy Policy located at: http://goodga.me/privacy-policy. Through your use of the GoodGa.me Web Sites and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you for storage, processing and use by GoodGa.me.
YOU EXPRESSLY AGREE THAT USE OF GoodGa.me IS AT YOUR SOLE RISK. GoodGa.me IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GoodGa.me AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE GoodGa.me WEB SITESS OR OTHERWISE BY GoodGa.me IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GoodGa.me NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN GoodGa.me, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. GoodGa.me ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON GoodGa.me CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON GoodGa.me.
GoodGa.me MAKES NO WARRANTY THAT THE GoodGa.me Web SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. GoodGa.me DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE GoodGa.me Web SITES. GoodGa.me IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GoodGa.me WEB SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
GoodGa.me, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GoodGa.me HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE GoodGa.me WEB SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GoodGa.me WEB SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH GoodGa.me; (D) YOUR PARTICIPATION IN ANY EVENT, PROMOTION OR PROGRAM COORDINATED THROUGH THE GoodGa.me WEB SITE; (E) PERSONAL INJURY NOT CAUSED BY GoodGa.me’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GoodGa.me WEB SITES; OR (H) ANY OTHER MATTER RELATING TO THE GoodGa.me WEB SITES, OR GoodGa.me PRODUCTS OR SERVICES. YOU AGREE THAT GoodGa.me’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY GoodGa.me FROM YOU.
GoodGa.me reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the GoodGa.me Web Sites and/or any other service provided to you by GoodGa.me upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that GoodGa.me determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the GoodGa.me Web Sites and/or GoodGa.me services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with GoodGa.me is terminated (except pursuant to (d) and (e) above, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by GoodGa.me as part of your use and registration of the GoodGa.me Web Sites. GoodGa.me shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to GoodGa.me for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by GoodGa.me in its sole discretion without any notice or liability to you. GoodGa.me shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the GoodGa.me Web Sites and/or GoodGa.me services.
The GoodGa.me Web Sites (excluding linked sites) are controlled by GoodGa.me from its offices within the State of Ohio, United States of America. The GoodGa.me Web Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Ohio, by accessing the GoodGa.me Web Sites both you and GoodGa.me agree that the statutes and laws of the State of Ohio, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the GoodGa.me Web Sites.
You agree that exclusive jurisdiction for any dispute with GoodGa.me, or in any way relating to your membership or use of GoodGa.me, resides in the courts of the State of Ohio and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Ohio in connection with any dispute including any claim involving GoodGa.me or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
GoodGa.me reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the GoodGa.me Web Sites and/or GoodGa.me services (or any part thereof) with or without notice. GoodGa.me shall not be liable to you or to any third party for any modification, suspension or discontinuance. You understand that if you do not agree to any such modifications, your sole and exclusive remedy is to cancel your account. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. GoodGa.me may assign its rights and obligations under these Terms of Use and upon such assignment GoodGa.me may be relieved of any further obligation hereunder.
You represent to GoodGa.me that you have the authority to register with GoodGa.me according to these Terms of Use. The failure of GoodGa.me to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. GoodGa.me may provide you with notices, including those regarding changes to these Terms of Use, by e-mail, regular mail or postings on the GoodGa.me Web Sites. Except for certain GoodGa.me licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use.
Please report any violations of these Terms of Use by contacting legal@GoodGa.me.