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Terms and conditions
Please read these terms and conditions of use carefully before playing GameWeaver.
By clicking "I Agree" on the button below, you signify your agreement
to these terms of use, which constitute a binding legal agreement. If you do not
agree to these terms of use, click "CANCEL" and DO NOT set up a membership
account to play GameWeaver.
THESE TERMS AND CONDITIONS ALSO APPLY TO THE USE OF A USER ACCOUNT THAT HAS ALREADY
BEEN SET UP. PLEASE READ THEM CAREFULLY. By playing GameWeaver, you signify your
agreement to these terms of use, which constitute a binding legal agreement.
If you do not agree to these terms of use, do not play GameWeaver.
We reserve the right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms on the GameWeaver website periodically
for changes. Your continued use of GameWeaver following the posting of changes to
these terms will mean you accept those changes.
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1. General
All software, documentation, and any content accessed through the software you are
about to use on GameWeaver (collectively, "The Software") are protected
by Canadian and international laws, including copyright laws and treaties. New Horizon
Interactive LTD., their affiliates and any subsidiary companies, and their licensors
(collectively, "GameWeaver LTD.", "we", "us", or "our")
own all right, title and interest to The Software.
2. Title Not Transferred
These terms do not transfer title to The Software to you. The rights granted herein
are limited to certain of GameWeaver LTD. and its licensor’s rights and do
not include any other patents or other intellectual property rights. GameWeaver
LTD. and its licensors retain full and complete title to The Software and all intellectual
property rights therein.
3. License and Restrictions
GameWeaver LTD. hereby grants you a non-exclusive license use of The Software on
the GameWeaver website for personal, non-commercial use only. New Horizon Interactive
LTD. may configure The Software with certain tags that identify the version of The
Software being used, which permit GameWeaver LTD. to update this version without
further notice to you. GameWeaver LTD. shall have the right to poll your user account
for the purpose of adding updated versions of The Software or to delete such versions
automatically.
You may not (and you agree not to permit another person to): a) redistribute, sell
or otherwise copy The Software; b) modify, translate or create derivative works
based on The Software; c) attempt to decompile, reverse engineer, disassemble or
otherwise reduce The Software to a human-readable form, except to the extent applicable
laws specifically prohibit such restriction; d) remove any identification, copyright
or other proprietary notices; or e) create other software that incorporates The
Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT
OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. You acknowledge that The Software is not intended for use
in connection with any high risk or strict liability activity and GameWeaver LTD.
makes no warranty and shall have no liability in connection with the use of The
Software in any such situations.
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4. No Warranty
THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GameWeaver LTD. DISCLAIMS
ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND TITLE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT
YOUR ACCESS OR OPERATION OF THE SOFTWARE OR ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
GameWeaver SITE OR THE OTHER SITES OF GameWeaver LTD. (OR ANY SERVERS THAT MAKE
SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE,
OR THAT THE USE OF THE SOFTWARE WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON’S
USE OF THE COMPUTER(S) ON WHICH THE SOFTWARE IS ACCESSED FROM. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY GameWeaver LTD. OR GameWeaver OR AN AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU, MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION
TO JURISDICTION.
5. Indemnification
You hereby agree to indemnify, defend, and hold us and our affiliates and our officers,
directors, owners, agents, information providers, licensors, and licensees (collectively,
the "Indemnified Parties") harmless from and against any and all liabilities
and costs (including reasonable attorney’s fees) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of this agreement.
You shall use your best efforts to cooperate with us in the defense of any claim.
We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
6. Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE
FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHERWISE), THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR MATERIALS OR FUNCTIONS
AVAILABLE THROUGH THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO
GameWeaver LTD. FOR THE SOFTWARE, IF ANY, FOR ACCESSING THE SOFTWARE OR $50, WHICHEVER
IS LESS.
The foregoing limitations will apply even if the above stated remedy fails of its
essential purpose.
7. Jurisdiction
We operate from Canadian offices. We make no representation that The Software is
appropriate or available for use in any particular location. Those who choose to
use The Software do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
8. Termination
These terms are effective until terminated by either party. We reserve the right,
in our sole discretion, to terminate your access to any or all of The Software and
the related services or any portion thereof at any time, without notice, which such
termination may include an automatic closure of your user account by New Horizon
Interactive LTD. You may terminate these terms at any time by discontinuing use
of The Software, and canceling your user account.
9. Export Law Assurances
You agree not to use or otherwise export or re-export The Software except as authorized
by Canadian law and the laws of the jurisdiction in which The Software was obtained.
Without limited the foregoing, The Software may not be exported or re-exported (a)
into (or to a national resident of) any Canadian and U.S. embargoed countries (currently
Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the Canadian
or U.S. Treasury Department’s list of Specially Designated Nationals or the
U.S. Department of Commerce Denied Person’s List or Entity List. By using
The Software, you represent and warrant that you are not located in, under control
of, or a national resident of any such country or on any such list.
10. Use of User Submitted Materials
By uploading or otherwise submitting any materials to us and/or the Site, you (and
your parents, if you're under age 18) automatically grant (or warrant that the owner
of such rights has expressly granted) to GameWeaver LTD. a perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, and distribute such materials or incorporate
such materials into any form, medium, or technology (now known or hereafter developed
or devised) throughout the universe. In addition, you warrant that all so-called
"moral rights" and other rights recognized throughout the world (including
without limitation, the European Economic Community) in those materials have been
waived.
11. Privacy Policy
Use of any information gathered during, or by, your use of The Software shall be
governed by GameWeaver LTD’s privacy policy currently located at [http://www.gameweaver.com/Privacy].
By using The Software, you signify your agreement to GameWeaver LTD’s privacy
policy. If you do not agree to the privacy policy, do not use The Software. We reserve
the right, at our discretion, to change, modify, add, or remove portions of GameWeaver
LTD’s privacy policy at any time. Changes shall be posted on GameWeaver LTD’s
website. Your continued use of this site following the posting of these changes
to the privacy policy will mean you accept those changes.
12. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of British
Columbia, Canada, without giving effect to any principles of conflicts of law. You
agree that any action at law or in equity arising out of or relating to these terms
shall be filed only in the province or courts located in Kelowna, British Columbia,
and you hereby consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. 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. This is the entire agreement between us relating to
the subject matter herein and shall not be modified except in writing, signed by
both parties.