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Terms of Use

1. Acceptance of Terms

This Web site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices (collectively, the "Terms") contained herein. Your use of all the products and services offered on this Web site (collectively, the "Services") constitutes your agreement to all such Terms. We may modify these Terms without notice to you by posting the revised Terms on this Website.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

2. Personal and Non-commercial Use Limitation

This Web site is for your personal and non-commercial use unless otherwise authorized by written permission from GameZaph. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.

3. Content on our site

This Web site includes a combination of content that we created, that our partners created, and that our users created (collectively, the "Content"). All Contents published on our sites including, but not limited to written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by the copyrights or trademarks of those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our site in whole or in part.

Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our sites. GameZaph does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, and you may not rely on any of this content. Our services, website, materials, contents and links may contain mistakes, errors, inaccuracies or typographical errors and typographical mistakes. Gamezaph.com makes no representations, endorsements or warranties of any kind whatsoever, whether express or implied, about any of the services, materials, contents and links provided herein, including any advertisements supplied by the respective advertisers and their creditworthiness, truthfulness, reliability, accuracy, non-infringement of copyrights & trademarks. Without prejudice to the other provisions of this Terms and Conditions, Gamezaph.com may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting, or refuse such data or information to be posted at this website if it is of the opinion and view that such posting is inappropriate for whatever reasons, to comply with the legal or moral obligations as placed on Gamezaph.com and to avoid infringing a third party rights or any other rules, standards or codes of practices that may be applicable to the posting or on this website or the internet. You understand that by using the Service, you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Your correspondence or business dealings with, our partners or our users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and any other party. Gamezaph.com acts as a venue for online users to post advertisements of their games. Gamezaph.com is not involved in the actual transaction between buyers and sellers. As a result, Gamezaph.com has no control over the quality, safety or legality of the advertisement posted, the truth or accuracy of the advertisements.You agree that GameZaph shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the Content on the Service.

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our sites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of:

  1. Displaying Your Content on our sites;
  2. Distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it;
  3. Storing Your Content in a remote database accessible by end users, for a charge.

This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

GameZaph reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GameZaph's sole discretion.

4. Third Party Sites, Products and Services

You understand and agree that our Services may include communication such services announcements and administrative messages from us or from our partner and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages.

Our site contains content that we create as well as content provided by third parties. This content includes, but not limiting, product reviews, quotes, advertisement, promotions and information about products and services offered by parties other than GameZaph, such as product descriptions, specifications, pricing, availability, and performance. The manner, mode and extent of this content subjects to change.

This website may contain links to other World Wide Web sites or resources operated by parties other than GameZaph. Such links are provided for your convenience only. You acknowledge that GameZaph is not responsible or liable for any content, advertising, products, or other material on or available from such sites or resources. GameZaph's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Your correspondence or related activities with third parties, including payment transaction and goods-delivery transaction, are solely between you and that third party. You further acknowledge and agree that GameZaph shall not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site, resource or messages in relation to. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

The services, use and access of this website, materials and contents and any software used in connection with provisions of such access and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Materials and contents contained in third-party advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the use, access, services or the software, in whole or in part. You may print copies of any part of this website only for your own personal, non-commercial use.

6. Member Conduct

As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by the Terms. You acknowledge that the registration information you have provided us to be true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You understand and acknowledge that we will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. Upload, post or otherwise transmit files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  4. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  5. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post or otherwise transmit upload files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
  7. Upload, post or otherwise transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  8. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  9. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  10. Restrict or inhibit any other user from using and enjoying any public area within our sites
  11. "Stalk" or otherwise harass another;
  12. Collect or store personal information about other end users;
  13. Interfere with or disrupt our sites, servers, or networks;
  14. Impersonate any person or entity, including, but not limited to, a GameZaph official, forum moderator, admin, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  15. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
  16. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  17. Registering of multiple membership accounts to represent physically different individuals;
  18. Engage in any illegal activities.

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by GameZaph for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

7. Termination and Access Restriction

You agree that GameZaph has a right to, but not the obligation, in its sole discretion terminate your password, GameZaph Membership, deactivate or delete your account and all related information in your account, restrict or suspense your use to all or any part of the Services, and remove and discard any Content within the Services, at any time and for any reason, including, without limitation, for lack of use or if GameZaph believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service.

GameZaph may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination or restriction of your access to the Service or Content may be effected without prior notice. You also acknowledge and agree that GameZaph may immediately deactivate or delete your GameZaph Membership and all related information and files in your GameZaph Membership and/or bar any further access to such files or the Services.

GameZaph reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. Further, you agree that GameZaph shall not be liable to you or any third-party for any termination or restriction of your access to the Service.

8. Indemnity

You agree to indemnify, defend and hold GameZaph and its subsidiaries, affiliates, directors, officers, owners, agents, information provider, co-branders, licensors or other partners, and employees, harmless from any claim, liability, loss, cost, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out:

  1. Your content;
  2. Your use of the Service;
  3. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  4. The content, the quality, or the performance of content that you submit to our sites;
  5. Your connection to the Service;
  6. Your violation of these Terms; or
  7. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

9. Liability Disclaimer

The information, software, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. GameZaph may make improvements and/or changes in this Web site at any time.

GameZaph MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GameZaph HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL GameZaph BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GameZaph HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

10. General Information

The Terms of Service constitute the entire agreement between you and GameZaph and govern your use of the Service, superceding any prior agreements between you and GameZaph. You also may be subject to additional terms and conditions that may apply when you use affiliate or other GameZaph services, third-party content or third-party software. The Terms of Service and the relationship between you and GameZaph shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and GameZaph agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore. The failure of GameZaph to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.