These Terms of Service (“Terms”) apply to the various Services (defined below) provided by GAC Media, LLC and its affiliates, including but not limited to Great American PF, LLC d/b/a Pure Flix (collective referred to herein as “GAM” or “we”). By using our Services or accessing our websites (“Sites”) you are hereby agreeing to be bound by these Terms, which may be updated from time to time. You also acknowledge, agree, and consent to our data practices as described in our Privacy Policy.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT IMPACT YOUR LEGAL RIGHTS TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICE(S) AND UNINSTALL SERVICE DOWNLOADS AND APPLICATIONS.
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
Services.
For purposes of these Terms, Services shall be defined as the websites, online services, software, apps, digital content, features, products, and functionalities provided by GAM through its website, mobile applications, and other online platforms. This includes, but is not limited to, articles, videos, podcasts, newsletters, live streams, interactive media, user-generated content, forums, and any subscription-based or on-demand services offered. The Services may be updated, modified, or discontinued at the GAM’s discretion.
The Services may contain (i) materials and other items relating to GAM and its services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services; (ii) Trademarks (as defined below); and (iii) other forms of intellectual property (all of the foregoing, collectively “Our Content”).
Ownership.
The Services and Our Content, including all associated copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights in the Service and Our Content (collectively, “Intellectual Property”) is owned or controlled by GAM, its affiliates, licensors, or certain other third parties. All right, title, and interest in the Services, the Content, and the Intellectual Property lies with GAM, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent allowed by law.
Except as required under applicable law, neither Our Content nor our Intellectual Property, nor any portion of the Services may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to us via email at Notice@GACMedia.com.
Limited License.
Subject to your strict compliance with these Terms, GAM grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (a) download, display, view, and use the Services, (b) stream the Content using any of the widgets or other digital streaming video players, and (c) to retain one copy of Our Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or Our Content; and (ii) may be immediately suspended or terminated for any reason, in GAM’s sole discretion, and without advance notice or liability. Your unauthorized use of the Services or Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY GAM, ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any content or the Service for any purpose is prohibited.
User-Generated Content (“UGC”)
(i) General. GAM may offer you the opportunity to create, post, upload, display, publish, distribute, transmit or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by mail) (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any GAM Intellectual Property included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your UGC.
(ii) Non-Confidentiality of Your UGC. Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, GAM does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.
In your communications with GAM, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, GAM retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. GAM’s receipt of your Unsolicited Ideas and Materials is not an admission by GAM of their novelty, priority, or originality, and it does not impair GAM’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
(iii) License to GAM of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, you hereby grant GAM, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to GAM to your UGC, you also hereby grant to GAM, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section.
(iv) GAM’s Exclusive Right to Manage Our Service. GAM may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of any of your UGC, and GAM may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner.
(v) Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant GAM the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any GAM obligation to obtain consent of any third party and without creating any obligation or liability of GAM; (b) the UGC is accurate; (c) the UGC does not and, as to GAM ‘s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
Restrictions.
If you access, register an account, or otherwise use the Services, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Services, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf. The Services are not intended for children under the age of 13 and GAM does not knowingly collect personal information from individuals under the age of 13. If we become aware that we have obtained personal information from a child under the age of 13, we will delete such personal information in accordance with applicable law.
Access to the Services.
Certain features and functionality of the Services may require the creation of an account by entering your name and email address, selecting a valid username, selecting a valid password, and providing other required registration information (“Personal Information”). If you create an account on the Services, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your account. You are solely responsible for the accuracy of your registration information and for updating and maintaining it. You will immediately notify us at Notice@GACMedia.com if you suspect any unauthorized use of your account, password, or username. You will not sell, transfer, or assign your account or any account rights. Any Personal Information collected in this manner shall be governed by our Privacy Policy.
User Terms.
GAM prohibits certain uses of its Services. You may not use the Services to send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages.
Unless we have given you express written consent, you may not reverse engineer the Services or do anything to circumvent measures employed to prevent or limit access to part of the Services, except as expressly permitted by law. Likewise, you may not use automated means to access or manipulate the Services or content (such as using bots, crawlers, scripts, or auto-responders), or develop any third-party application that interacts with the Services.
We encourage users of the Services to treat each other with respect. Each user is solely responsible for their interactions with others on our Sites and Services. GAM has no responsibility or liability with respect to any online or offline interactions related to use of the Services.
We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others. We may publish additional community standards, which you agree to abide by as part of these Terms of Service. When using the Services, you agree not to:
GAM reserves the right to revoke or restrict access to all or any part of its Services to any individual who does not comply with the Community Standards outlined in this section.
Product Specifications; Pricing; Typographical Errors.
We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing, availability, or specifications, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your credit or other account prior to cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased from GAM is not as described, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
Dispute Resolution.
NOTICE: THIS SECTION CONTAINS AN ARBITRATION PROVISION AND JURY TRIAL AND CLASS ACTION WAIVERS. PLEASE READ THIS CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY ACCESSING OR USING THE SERVICES YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GAM ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES OR YOUR DEALINGS WITH GAM SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND GAM AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.
FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU AND GAM MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN DALLAS, TEXAS. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED.
YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR YOUR DEALINGS WITH GAM MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURTS LOCATED IN DALLAS, TEXAS, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS AND CONDITIONS. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICES AND YOUR RELATIONSHIP WITH GAM. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (FAA), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG. IF YOU WISH TO INITIATE ARBITRATION AGAINST GAM, YOU MUST SEND WRITTEN NOTICE TO GAM AT: 2301 EAST LAMAR BLVD. SUITE 410 ARLINGTON, TX 76006, ATTN: GENERAL COUNSEL, WITH A COPY SENT ELECTRONICALLY TO NOTICE@GACMEDIA.COM.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WITH RESPECT TO THE SERVICES, GAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE GAM EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SERVICES USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
GAM MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SERVICES OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SERVICES AND ANY SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAM OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
SUBJECT ONLY TO LIMITATIONS IMPOSED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GAM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THE SERVICES REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR EVEN IF GAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GAM’S MAXIMUM AGGREGATE LIABILITY UNDER AND/OR IN CONNECTION WITH THESE TERMS AND/OR THE SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER FORESEEABLE OR NOT), IN RESPECT OF ALL OUR ACTS, OMISSIONS (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR BREACH OF WARRANTY, INCLUDING THOSE OF OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUB-CONTRACTORS, OR AFFILIATES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHALL BE LIMITED TO THE COST OF SUPPLYING THE SERVICES AGAIN OR PAYMENT OF THE REASONABLE COST OF HAVING THE SERVICES SUPPLIED AGAIN, BUT IN NO CASE IN EXCESS OF ONE-HUNDRED DOLLARS (USD $100.00).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SPECIAL NOTICE FOR NEW JERSEY USERS
BY USING THE SERVICES, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICES; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE GAM, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICES; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST GAM FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF GAM AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
Indemnification.
You agree to defend, indemnify and hold harmless GAM, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including your contributions, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
Digital Millennium Copyright Act (“DMCA”) Notice.
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), GAM reserves the right, but not the obligation, to terminate your right to use the Services if GAM determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. GAM accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, GAM has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of GAM to receive notification of claimed infringement at: Notice@GACMedia.com or via mail Attn: General Counsel, 2301 East Lamar Blvd. Suite 410, Arlington, TX 76006.
GAM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Additional Terms for Mobile Applications.
The Services may integrate, be integrated into, or be provided in connection with third-party services, content, and devices including connected TVs (collectively referred to herein as “Third Party Services”). We do not own or have control over these Third Party Services. You should read the terms of use, agreements, privacy policies, and any other information that applies to such Third Party Services before using the Third Party Services. If you access the Services using a third-party service or device (for example, an Apple iOS, Android or Microsoft Windows-powered device) then Apple Inc., Google, Inc. or Microsoft Corporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not parties to this contract. You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
Apple Devices. If you are accessing or using the Services on any Apple Mobile Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
Android Devices. If the Services are provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to You and are incorporated into these Terms by this reference:
Text Messaging Terms and Conditions.
Before enrolling in any of GAM or its affiliates text message program(s), please read these Terms carefully, including the mandatory Dispute Resolution terms above, which require that disputes are resolved by final and binding arbitration on an individual and not a class‐wide or consolidated basis.
GAM may offer the following types of text messaging programs: (i) recurring text message programs; or (ii) occasional, one-time, or limited-duration text message programs. This section governs both types of text message programs.
By signing up to participate in GAM’s text messaging programs, you agree to these terms and conditions and our Privacy Policy (linked below), which are all contracts between us and you that grant us certain rights and licenses, provide us certain indemnities, waive certain of your rights and remedies, and limit our liability and obligations to you. To the extent of any inconsistency, this terms in this Text Messaging Terms and Conditions section will apply to our text messaging programs.
When you agree to participate in our text messaging programs, you typically agree to receive recurring messages, some of which may be marketing and/or promotional messages, including but not limited to special events, alerts, updates, promotions, and reminders and information from GAM. However, you may also choose to sign up for other text message programs, for example, regarding specific promotions or events or to confirm your identity before accessing your account. Messages may be in SMS, MMS or RCS format and may contain marketing and/or promotional content. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services from GAM. Message and data rates may apply.
GAM may transition from one short code or telephone number to another, and you consent to receive messages from the new short code or number.
To opt-in to receive text messages from any of GAM’s text messaging program(s), please follow the instructions provided by GAM, which may include texting a message to a short code, providing your phone number to a GAM representative, or online at our website or through a mobile app, or otherwise providing your consent. You may need to confirm your consent such as by replying “Y” or through another designated response to an initial text message sent to you.
To stop receiving text messages from a specific text messaging program, text “STOP” to the five-digit short code or telephone number for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you have opted out.
To enroll in any of GAM’s text messaging program(s), you must be the mobile account holder and a resident of the United States or Canada. If you change your mobile phone number, you agree to promptly notify GAM of that change by contacting our member services department as described in our applications and on our Sites.
If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. GAM and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages.
To request more information, reply “HELP” to the number from which you received our text message(s).
GAM may revise, modify, or amend these terms and conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our Sites or application(s). You agree to review this section periodically to ensure that you are aware of any changes. Your continued consent to receive text messages from GAM will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign up for our text message program(s).
California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 800.952.5210 or (916) 445-1254. Their website is located at: http://www.dca.ca.gov. California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy.
Assignment.
GAM may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of GAM.
Governing Law, No Waiver, Severability and Interpretation.
With respect to any dispute regarding the Sites or your use of the Sites, all rights and obligations and all actions contemplated by these Terms shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflicts, or choice of law, rule, or principle that might otherwise refer construction or interpretation of these Terms to the substantive law of another jurisdiction. You hereby agree to submit to the jurisdiction of the state and federal courts located in Dallas County, Texas over any action or proceeding arising under these Terms.
No delay or failure by GAM to enforce any of these Terms shall constitute a waiver of any of our rights under these Terms. Neither the receipt of any funds by GAM nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of GAM shall have any legal effect.
If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Note that the headings contained in these Terms of Service are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in the Terms. The word “including”, or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it. Unless the context demands otherwise, the word “or” shall have the inclusive meaning identified with the phrase “and/or”. Any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of these Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
By using the Service(s), you acknowledge and agree that these Terms of Service, along with our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms of Service at any time by posting the changes on the GAM website. Any changes are effective immediately upon posting to the website. Your continued use of the Service(s) constitutes your agreement to all such Terms of Service. If you have any questions regarding these Terms of Service, please contact us at Notice@GACMedia.com.
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