This Terms of Service was last updated on Feb 20, 2013.
GaME reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether GaME has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.
"Customer", “Client”, you shall mean the person(s), entity(ies), or agent(s) and authorized representative(s) using the GaME services and accepting this agreement with GaMe, Webmappable, LLC, or its affiliates
"Base Components" shall mean the hardware, software, and network (server computers and client access code) that GaMe or its affiliates, make available as the underlying system or platform for hosting Customer Content.
"Customer Content" shall mean any and all software, application code, files, text, pictures, sound, graphics, video, links, and all other data stored by Customer on GaME’s server computers.
"User" shall mean those who have access to Customer Content and may include the public, those internal to the Customer’s organization or those otherwise authorized to have access to Customer Content.
"Data Center" shall mean a facility that houses Base Components including web servers and other related equipment that supports the provision of delivery and monitoring of Customer Content.
"Confidential Information" shall mean any and all information, including but not limited to Customer Content that Customer takes reasonable steps to maintain in confidence and identifies in writing to GaME as confidential and additionally identifies specifically which Users shall be allowed access to Confidential Information as specified by Customer
The GaME service consists of Hosted Software (as defined below), and other products, services and web sites hosted or made available by GaME, which enable the Client to do many wonderful things on multiple computer devices and systems (collectively, the “Service”). In exchange for being enabled to use the Service, the Client agree to abide by these Terms.
Monthly and Annual Services
You agree to provide GaME with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to GaME in order to receive or to continue receiving services. Further, you agree to provide GaME with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.
Payments and Fees
Establishment of this service is dependent upon receipt by GaME of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up and the agreed to payment period. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, check, wire transfer or money order. Purchase orders conforming to our requirements may be accepted from qualified companies. All pre-printed terms of any purchase order not approved in writing by us shall have no effect. Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by GaME in a timely manner.
The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will be assessed a $30 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 2 P.M. CST the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect fees. Credit cards that are declined for any reason are subject to a $2.00 declination fee.
Service may be interrupted on accounts that reach 7 days past due. Service will be terminated if accounts are more than 30 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectible by GaME may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a Processing and Collection Fee of not less than $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.
Client must submit service cancellations in writing at least 15 days days before the end of the service's billing cycle.. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
In the event of cancellation, customer will automatically be billed for any excess bandwidth and disk usage during the then-current billing cycle.
After the termination period completes, GaME shall destroy all Customer services and data for security and privacy reasons, unless otherwise required by law.
Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. GaME will monitor Client's bandwidth usage and will provide details of bandwidth usage for Client to review if there are overages. GaME shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in GaME's sole and absolute discretion. GaME believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable. Additional bandwidth can be purchased
Bandwidth usage is measured on a monthly basis. Both incoming and outgoing traffic are counted.
In the event that a customer exceeds the included allocation, GaME may, at its sole discretion, charge the Client a fee in the amount of $2.00 per GB per day of overage during the month, immediately against customer's credit card on file with GaME.
Client agrees to pay GaME any additional fees for bandwidth overages in a timely fashion upon receipt of an invoice for overage charges that may occur during any month of use at a rate of $2.00 per GB/day of bandwidth used over the Allocation. Any bandwidth overage bill not paid within thirty (30) days of invoicing will subject the server and services to suspension.
Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
Client agrees that storage usage shall not exceed the number of gigabytes per month for the services ordered by Client. GaME will monitor Client's storage usage and will provide details of storage usage for Client to review if there are overages. GaME shall have the right to take corrective action if Client's storage usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in GaME's sole and absolute discretion. GaME believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable. Additional storage can be purchased
Storage usage is measured on a monthly basis. Client agrees to pay GaME any additional fees for storage overages in a timely fashion upon receipt of an invoice for overage charges that may occur during any month of use at a rate listed below over the Allocation. Any storage overage bill not paid within thirty (30) days of invoicing will subject the server and services to suspension. Unused storage allocations cannot be carried over to future months, or applied to other servers
Cost in US $
$25 / month
$40 / month
$65 / month
$100 / month
$125 / month
$250 / month
$500 / month
Refund and Disputes
All payments to GaME are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in GaME's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay GaME an "Administrative Fee" of not less than $75 and not more than $200.
GaME performs daily backups of hosted accounts as a courtesy service only. GaME is not responsible for the completeness, integrity, or freshness of your hosted backup. Backups are intended for disaster recovery purposes only. It is the clients responsibility to ensure the data stored is accurate. GaME reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes. For an additional fee, GaME offers offsite internet-based storage services utilizing Unix-based servers with open access methods.
Harassment and Abuse
GaME does not tolerate abuse of any kind towards it's employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at GaME or any of it's staff or agents. Client agrees to engage our GaME in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Client assumes ultimate responsibility for data integrity, retention, security, and ownership. Client takes responsibility for all data copyright and permissions needed for distribution and/or use via the Internet. GaMe agrees to use commercially acceptable IT practices when offering services related to data retention and integrity. These services include, but are not limited to: hard drive storage (DAS), raided hard drive arrays, network attached storage (NAS), storage area networks (SAN), and customer portal information.
Ownership of Content
All Customer Content that resides on GaME Base Components shall at all times remain the property of Client. Client grants to GaMe a non-exclusive, worldwide license to Customer Content including data owned by Client, their users, and /or third parties and applications owned by Client, their users, and/or third party vendors, only to the extent necessary for GaMe to host the Customer Content and provide the contracted services.
Third-Party Data and/or Imagery Licensing Terms and Use Restrictions
Services provided by GaMe may contain third-party data and/or imagery. In addition, GaMe provides the ability to view, access and incorporate maps and content that is provided by other software and content providers such as Google, Microsoft, ESRI, OpenStreetMap and others through the use of web services and interfaces, including but not limited to Web Map Service. Use of third-party data and/or imagery may be subject to such third party’s License Agreement or additional use restrictions. You are solely responsible for compliance with all applicable third party license agreement(s). Third party Use Restrictions may be provided with the data (such as with metadata). GaMe may modify the third party license agreement and any applicable use restrictions from time to time and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification any third party license agreement, or use restrictions is unacceptable, you may cancel your access upon written notice to GaMe or discontinue use of the Service, as applicable. Continued use of the Service will be deemed acceptance of any modifications.
GaMe shall take commercially reasonable steps to prevent unauthorized access to Customer Content, the monitoring of User actions, and Confidential Information stored on GaMe Base Components
Scheduled Server/Network Computer Outages
GaME will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond GaME’s control or which are not reasonably foreseeable by GaMe, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. GaMe will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers GaME has no responsibility for downtime resulting from a user's actions. Client shall not be notified for unforeseen circumstances that cause outages and or critical security patches that require immediate attention.
Client shall only use GaMe services for lawful purposes and Client shall not store or provide any Customer Content or link to any material that violates foreign, federal, state or local law, the GaMe EULA, GaMe Terms of Service, or GaMe Acceptable Use Policy.
Remedy for Violation
Should GaMe become aware that Client has violated Lawful Purpose, GaMe may, at its sole discretion, remove the Customer Content in violation, immediately terminate hosting of Customer services, and/or notify authorities. If hosting is terminated, GaMe may, at its sole discretion, reinstate hosting upon adequate showing of Client’s right to use the Customer Content/services in question.
DISCLAIMER OF WARRANTIES
The Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GaME EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) GaME DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GaME OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.
GaME is not responsible for any damages your business may suffer. GaME does not make implied or written warranties for any of our services. GaME denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by GaME.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GaME, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS 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, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF GaME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) GaME's ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Client agrees that GaME's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by GaME of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice GaME from exercising thereafter the same or other rights, remedies, or options.
Customer shall defend GaME against any third party claim, action, suit, or proceeding arising as a result of Customer's use of GaME Base Components or services and indemnify GaME for all losses, damages, expenses, and costs incurred by GaME as a result of a final judgment entered against GaME in any such claim, action, suit, or proceeding.
Customer agrees to defend GaME from any claim instituted by a third party and asserted against GaME that the Customers products infringe against, including United States patent, copyright, trade secret, or other proprietary right of a third party (“IP Claim”). Customer agrees to pay any final award of damages assessed against GaME resulting from such IP Claim, including any awarded costs and attorneys’ fees, or any settlement amount as determined by a court of jurisdiction.
You agree that GaME is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
By accepting this ToS, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not otherwise legally incapacitated to execute this Agreement.
Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
On signing this agreement, Customer and GaME shall adhere to the following clauses for resolving disputes arising out of claims made against one another. The order of precedence shall be in the order below, beginning with– Mediation. If the dispute cannot be resolved through the terms of the Mediation clause thereto, the parties agree that– Arbitration shall prevail.
Customer and GaME agree to first enter into mediation to resolve any controversy, claim, or dispute relating to this order. The parties agree to negotiate in good faith to reach a mutually agreeable resolution of such dispute within a reasonable period of time. If mediation is unsuccessful, GaME and Customer agree to resolve the dispute the means of Arbitration.
Customer and GaME agree to first enter into mediated negotiations to resolve any controversy, claim, or dispute relating to this order. If steps in mediated negotiations are unsuccessful, GaME and Customer agree to resolve the dispute by binding and final arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitration shall take place in the County of Pima, State of Arizona. The arbitrator(s) shall be bound to follow the provisions of this Order in resolving the dispute, and may not award punitive damages. The decision of the arbitrator(s) shall be final and binding on the parties, and any award of the arbitrator(s) may be entered or enforced in any court of competent jurisdiction.
This Agreement shall be governed and construed in accordance with the laws of the State of Arizona. Both parties agree to submit to personal jurisdiction in Pima County, Arizona, and further agree to any cause of action or dispute arising under this Agreement.
Severability and Waiver
If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement shall not operate or be interpreted as a waiver of any other or subsequent breach.
Relationship of Parties
Upon agreement to this TOS, the parties agree that no agency, partnership, joint venture, or employment relationship is created and neither party has the power to bind the other party.
Attorneys Fees and Costs
In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to such reasonable attorneys' fees, expert witness fees, and legal expenses as may be fixed by a court of competent jurisdiction.
In the event of termination of this agreement, the terms shall survive such termination and remain binding between the parties.
We reserve the right to refuse service to anyone at any time for any reason.
The Company is not responsible for data integrity on equipment reclaimed for non-payment.
Arizona residents agree to pay all taxes applicable to your account.
Anything not explicitly stated in this TOS is subject to interpretation at GaME's sole and absolute discretion.
You, as GaME's client, are solely responsible for the content stored on and served by your GaME service.