AppGamesCenter.com Terms of Service Agreement
Thank you for reviewing our Terms of Service Agreement (hereinafter the “Agreement”) for the AppGamesCenter.com web site. AppGamesCenter.com is owned by GreatApps.com, Inc., a New York corporation (“AppGames”). This Agreement applies to persons who visit, register with, or otherwise use the AppGamesCenter.com web site (“Users” or"app games" users). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access AppGames services (“Services”) or the AppGamesCenter.com web site (hereinafter referred to collectively as “AppGamesCenter.com” or “the Site”).
2. About AppGamesCenter.com.
AppGamesCenter.com is the exclusive platform just for app games. Games are by far the most popular category in the app space. With hundreds of thousands of app games to choose from, chances are that an app developers game will never be discovered and game lovers may not know certain apps exists. The gaming marketing is incredibly overcrowded. However, to make it easier for a game to be discovered, we only allow up to five (5) app games to be added daily to AppGamesCenter.com. What AppGamesCenter.com does is very simple. For Game Users: Whether you have one favorite game or hundreds, you want to be able to learn about the new, cool, fun and exciting app games. Visit AppGamesCenter.com daily and you will discover app games in a simple and easy environment. Once you find a game you like, just the press a button and you can download the game. AppGamesCenter.com does not require any registration to discover and download any of the app games that are featured. For App Game Developers: Every developer needs to market their game to have a chance at success. With more than 500,000 app games available on numerous platforms the competition is fierce to get your game noticed. In addition, there are more than 2,5000,000 apps for consumer to choose from in different categories. AppGamesCenter.com is a membership based app discovery platform that can showcase your game every day to users that want to learn about app games. We make it easy to get 'eyes' on your app every day. Your game will not get lost in the shuffle as we only allow up to five (5) games to be added daily to AppGamesCenter.com. One of the numerous benefits you will receive by having your app featured is daily rotation placement on the home page of AppGamesCenter.com. There is a vetting process and therefore, not every app will be approved. Contact us to learn how to add your game to AppGamesCenter.com.
3. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law or by individuals between the ages of thirteen and eighteen with their parent’s permission. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by AppGames to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site. Further, if you register with the Site, you agree not to transfer, loan, give, or sell your AppGames account user name and password to another party.
The Site provides you with the opportunity to discover new apps, either through viewing our Site or by receiving regular email updates to notify you of new apps being featured on the Site. Subject to the terms of this Agreement, you may view and participate on the Site at no cost. AppGamesCenter.com generates revenue from the sale and display of advertising on the Site.
5. User’s Responsibilities and Acknowledgements.
6. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or use curse words or profanity; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of AppGames and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.
7. Access and Interference.
You agree that you will not use any robot, spider, botnets, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content (other than content you have solely created) without the prior expressed written permission of AppGamesCenter.com and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site. If any hostnames are used as command and control points for robots, spiders, botnets, or scrapers, AppGames reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement and your access to the Site at any time, with or without cause.
10. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, AppGames. Such links do not necessarily constitute an endorsement by AppGames of those sites. AppGames undertakes no obligation to monitor such sites, and you agree that AppGames is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
11. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. AppGames has the right but not the obligation to monitor and/or remove any content on the Site.
12. DMCA Policy
AppGames takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), AppGames has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent by sending an email to DMCA@AppGamesCenter.com. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: A description of the copyrighted work claimed to have been infringed; A description of the infringing material and information reasonably sufficient to permit AppGames to locate the material; Your contact information, including your mailing address, telephone number, and email address; A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
13. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.
14. Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THIS SITE AND ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED AFTER VIEWING THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AppGames. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AppGames DISCLAIMS ANY AND ALL SUCH WARRANTIES.
15. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE AppGames, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY AppGamesCenter.com.
16. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT AppGames'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or accruing from your use of the Site, including but not limited to your downloading, installation, or use of any apps mentioned on the Site, or your violation of this Agreement or any law. You further agree that you will cooperate fully in the defense of any such claims. AppGames reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of AppGames.
18. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving AppGames, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in New York, New York and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or AppGames may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or AppGames pending the completion of arbitration.
AppGames grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site.
Failure by AppGames to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
21. Right to Change this Agreement.
AppGames reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following AppGames posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
22. General Provisions.
This is the entire Agreement governing the use of the AppGames Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of New York, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in New York, New York. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of AppGames in accordance with applicable law and the remainder of the Agreement shall remain in full force.
23. Contact AppGamesCenter.com:
Except as explicitly stated otherwise, any notices to AppGames shall be given by postal mail to AppGamesCenter.com, Inc., 1092 Elm Street, Suite 101, Rocky Hill CT 06067. You agree that you will notify AppGames in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give AppGames a reasonable period of time to address it before bringing any arbitration or legal action.