Welcome to the GameWallArt™ website, which is located at Gamewallart.com™ (the “website”). This Terms of Service (“TOS”) contains the terms governing your use of the website and Gamewallart.com™ services (as defined below). The TOS describes your rights and responsibilities and what you can expect from the GameWallArt ™ service. By using the GameWallArt ™ website, you are considered to have accepted this TOS. gamewallart.com™ is a trademark of GameWallArt ™.
GameWallArt ™ reserves the right to add any new term, delete and/or modify any of the existing terms in this TOS with its sole discretion at any time by publishing a new TOS on the GameWallArt ™ website. If any modification is unacceptable to you, your only recourse is not to use the website and the gamewallart.com™ services. Your continued use of the GameWallArt ™ website after publishing the new TOS on the GameWallArt ™ website will constitute a binding acceptance of the changes.
1- The GameWallArt™ Service.
GameWallArt ™ provides a number of Internet-based services through the website (entire services are collectively referred as the “gamewallart.com™ services”).
2- Use of the Web Site and GameallArt™ Service.
2.1 Eligibility. GameWallArt ™ will offer the gamewallart.com™ services to the parties who have the capacity to enter into and form a contract under applicable laws. If you are under 18, but at least 13, you may use the gamewallart.com™ services only under the supervision of your parent or legal guardian, who agrees to be bound by these TOS. The gamewallart.com™ services are not intended for children under 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all the terms and conditions of these TOS, below-mentioned applicable agreements and policies, and all applicable laws, regulations and rules when you use a gamewallart.com™ service and the website.
2.3 Your License to Use the Website and the Gamewallart.com™ Services.
(a) GameWallArt ™ solely and exclusively owns all intellectual property rights and other relevant rights, title and interest in and to the Gamewallart.com™ services and website, except as expressly provided in this TOS. GameWallArt ™ owns including but not limited to the trademark Gamewallart.com™(TM), the copyrights in and to the Website, and the certain technology used for providing the Gamewallart.com™ services. You will not obtain any right, title or interest under this TOS or otherwise.
(b) GameWallArt ™ grants you a limited revocable license to access and use the website and the Gamewallart.com™ services for their intended purposes while you have to comply with this TOS. This license does not include the right to collect or use information stored on the website for the purposes prohibited by GameWallArt ™ such as to compete with GameWallArt ™, to create derivative works based on the content of the website, or download or copy the website (other than page caching). If you use the website in a manner going beyond the scope of this license or breach this TOS, GameWallArt ™ may revoke the license granted to you, AND PURSUE LEGAL ACTIONS AGAINST YOU THAT ARE PERMITTED UNDER THE APPLICABLE STATE OR FEDERAL LAW.
(c) The Section 2.3 does not pertain to your intellectual property rights. To get information regarding your intellectual property rights, please see Section 4.1.
3- General Rules.
3.1 Prohibited Use. You may use the Gamewallart.com™ services only as expressly permitted by GameWallArt ™. You may not cause harm to the Website or the Gamewallart.com™ services . You may not, including but not limited to,: (i) interfere with the Gamewallart.com™ services by using viruses or any other programs or a technology designed to disrupt or damage any software or hardware; (ii) modify and create derivative works, reverse engineer, decompile or disassemble any technology that are used to provide the Gamewallart.com™ services; (iii) use a robot, spider or other device or process to monitor the activity on the website or copy pages from the website, except during the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Gamewallart.com™ services; (v) identify another person or entity; (vi) use any meta tags, search terms, key terms, or similar tools containing the name and trademarks of GameWallArt; (vii) engage in any activity interfering with another user’s ability to use or enjoy the Gamewallart.com™ services; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.2 Commitment Not To Use For Prohibited Purposes. By using the GameWallArt ™ website, you are committed not to use the Gamewallart.com™ services or the website for any of the Prohibited Purposes.
4- Use of Your Content.
You do not lose the ownership of the content you designed or uploaded on/to the website. However, by uploading designs to the website or creating designs with the design tools of GameWallArt ™, you grant the following licenses to the GameWallArt ™: a nonexclusive, worldwide, transferable, sub-licensable right to copy, crop, reproduce, publicly display, sell, and distribute the design in or on products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the website and products; and GameWallArt ™ has the right to make modifications on your design in its sole discretion, if it is found necessary to achieve the above-listed purposes.
You may remove the content you designed at any time, and you may retain any copyright and other intellectual property rights on that content. If you choose to remove the content you designed or uploaded, and notify GameWallArt ™ of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except to the extent that GameWallArt ™ may fulfill all orders, which are somehow derived from that content and placed prior to notice of termination, and it may continue to use the said content on marketing and promotional materials.
5- Reservation of Rights.
5.1 Monitoring. GameWallArt ™ reserves the right, but does not assume the obligation, to monitor transactions and communications occurring through the website. If GameWallArt ™ determines, in its sole and absolute discretion, that you or another GameWallArt ™ user have breached or will breach a term of this TOS or such transaction or communication is inappropriate, GameWallArt ™ may cancel such transaction or take any other action to restrict access or the availability of any material that we may consider objectionable, without any liability to you or to any third party.
5.2 Modification of the Services. GameWallArt ™ may modify the Gamewallart.com™ services at any time with or without notice to you and will incur no liability for doing so.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant permission to GameWallArt ™ to use such submissions for marketing and other promotional purposes including the right to sublicense. You acknowledge that GameWallArt ™ shall have no obligation to keep any submissions confidential. You shall not bring a claim against GameWallArt ™ based on “moral rights” or other rights arising from submissions of GameWallArt ™. This section does not apply to your content appearing as a part of your product that you use in connection with Gamewallart.com™ services.
7- Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to GameWallArt ™ and GameWallArt ™ represents and warrants to you that: (i) GameWallArt ™ or you have the full power and authority to enter into and execute this TOS, (ii) the execution and performance of the obligations under this TOS do not constitute a breach of or conflict with any other agreement or arrangement by which GameWallArt ™ or you are bound up with, and (iii) this TOS is a legal, valid and binding obligation of the parties entering into this TOS, and it is enforceable in accordance with its terms and conditions.
7.2 You represent and warrant to GameWallArt ™ that your use of the Gamewallart.com™ services and any order you place with GameWallArt ™: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to GameWallArt ™ that: (i) to the best of your knowledge, there are no pending claims, demands or any form of litigation, and any threat with respect to any part of your content; (ii) GameWallArt ™ will not be required to make any payments to any third party resulting from its use of your content, except for the expenses that GameWallArt ™ incurs in providing the Gamewallart.com™ services; (iii) the use of any instructions, formulae, recommendations, or similar constituent in your content will not cause injury to any third party; and (iv) your content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8- Disclaimers and Exclusions.
8a.1 DISCLAIMER OF WARRANTIES. GAMEWALLART™ PROVIDES THE WEBSITE AND GAMEWALLART.COM™ SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAMEWALLART™ DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, GAMEWALLART.COM™ SERVICES OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. GAMEWALLART™ MAKES NO WARRANTIES OTHER THAN THOSE EXPRESSLY MENTIONED IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8a.2 EXCLUSION OF DAMAGES. GAMEWALLART™ WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATED TO OR CONNECTED WITH THE USE OF THE GAMEWALLART™ SERVICES BASED ON ANY CAUSE OF ACTION, EVEN IF IT IS ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, LIABILITY OF GAMEWALLART™ WILL NOT EXCEED THE VALUE OF THE RECEIVED SIGNS OR RENDERED SERVICES UNDER ANY CIRCUMSTANCES. THE VALUE OF THE SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE GAMEWALLART™ WEBSITE OR TO THE VALUE STATED BY AN AUTHORIZED GAMEWALLART™ AGENT.
9.1 Termination. GameWallArt ™ may suspend or terminate your use of the website or Gamewallart.com™ services if it is convinced, in its sole and absolute discretion, that you have breached a term of this TOS.
9.2 Survival. Notwithstanding the Section 10.1, this TOS will survive indefinitely unless and until GameWallArt ™ chooses to revoke it.
9.3 Effect of Termination If you or GameWallArt ™ terminates your use of the website or the Gamewallart.com™ services, GameWallArt ™ may delete any content or other materials relating to your use of the Gamewallart.com™ services on the servers of GameWallArt ™ or otherwise in its possession, and GameWallArt ™ shall have no liability to you or to any third party for doing so.