TERMS OF SERVICE
Last updated on October 04, 2016
GameSoft Interactive Ltd ("GameSoft") provides the Handsfree Player for YouTube app and various related services (together referred to as the "App") subject to your compliance with these Terms of Service ("TOS"). By using the App, you implicitly agree to be bound by the terms and conditions set forth below.
If you do not wish to be bound by the TOS, please uninstall the App now. Your sole remedy for dissatisfaction with the App, or any products, services, content, or information available on or through the App, is to stop using the App and/or those particular services.
The App is open to teenagers and adults but not to children under the age of 13. You must be 13 years of age or older to use the App. GameSoft will not knowingly collect personally identifiable information from anyone under 13. By accessing this App or registering as a user, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a registered user of the App. Creating a user account under false or fraudulent pretenses constitutes unauthorized use of the App and such accounts will be terminated by GameSoft.
GameSoft or its assignees may amend these TOS from time to time. Please periodically review this page for updates, to ensure that you are familiar with the most current version. Your continued use of the App will indicate your acceptance of the revised TOS. As used in these TOS, GameSoft's "Affiliates" refers to GameSoft's owners, subsidiaries, affiliated companies, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the App and/or its contents.
Intellectual Property Information
Copyright © 2016 GameSoft Interactive Ltd. All Rights Reserved.
All material within the App is the property of GameSoft and/or its Affiliates. Except for a single copy made for personal use only, you may not reprint, republish, resell, or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material. GameSoft and its Affiliates do not warrant or represent that your use of materials displayed on, or obtained through, the App will not infringe rights of third parties. "Handsfree Player for YouTube" and the Handsfree Player for YouTube logo are trademarks of GameSoft. All other trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, and/or trade name of GameSoft or its Affiliates.
Materials in the App
While GameSoft uses reasonable efforts to include accurate and up-to- date information in the App, GameSoft and its Affiliates:
- (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) in or through the App; and (b) assume no liability or responsibility for any errors or omissions in the content of the App (regardless of the cause) or for any resulting damages. If you do become aware of an error, please send us your Feedback.
Content available through the App often represents the opinions and judgments of an information provider, App user, or other entity not connected with GameSoft. GameSoft neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized GameSoft spokesperson acting in his/her official capacity. Under no circumstances will GameSoft or its Affiliates be liable for any loss or damage caused by your reliance on information obtained in or through the App. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available in or through the App.
Your use of the App is at your own risk. Neither GameSoft nor its Affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability or other theory, arising out of or in connection with:
- (a) your access to, or use of, the App;
- (b) any products, services, information, activities, and/or materials available in or through the App;
- (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through the App, regardless of its origin;
- (d) any breaches of security involving the App or your account, or any lack of availability or operational problem of, the App; or
- (e) any viruses or other code that may affect your electronic mobile devices or computer equipment or other property as a result of your use of the App.
WITHOUT LIMITING THE FOREGOING, EVERYTHING AVAILABLE IN OR THROUGH THE APP IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE IN OR THROUGH THE APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY GAMESOFT OR ANY OTHER OF ITS AFFILIATES.
IN NO EVENT SHALL GAMESOFT OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP OR ANY DOWNLOADED MATERIALS, EVEN IF GAMESOFT OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING DISCLAIMER IN NO EVENT SHALL GAMESOFT’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO GAMESOFT, IF ANY, FOR PRODUCTS OR SERVICES PURCHASED IN THIS APP.
Third Party Apps and Sites
Portions of the App may include links to apps or sites operated by third parties (i.e., apps or sites not owned or operated by GameSoft). Use of third-party apps or sites is at your own risk. GAMESOFT MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD-PARTY APP OR SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY APP OR SITE.
GameSoft and its Affiliates do not endorse, and shall not be liable in connection with, any information or services available on or through any third-party app or site, except to the extent that a particular Affiliate owns the third-party app or site and affirmatively states a different policy. Third-party apps or sites may have their own agreements or policies governing the use of their apps or sites.
Code of Conduct
You are responsible for ensuring that your use of the App is in compliance with any applicable laws or regulations. You agree not to: Restrict or inhibit any other user from using and enjoying the App. This includes, without limitation,
- (a) using, or attempting to use, any account without the owner's permission,
- (b) obtaining or soliciting another person's password or other personal information under false pretences, or
- (c) impersonating another user or otherwise misrepresenting yourself to GameSoft, our Affiliates, the App's systems, or other entities. Impersonation of GameSoft personnel is grounds for immediate termination without notice.
Interfere (or attempt to interfere) with the operation of the App. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the App, or attempting to do so, or (b) accessing, or attempting to access, any portion of the App that you are not authorized to access. Unauthorized access (or attempts) can subject you to civil and/or criminal penalties.
Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by GameSoft) information or material, or any information or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Post or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the App specifically designated for such purpose.
Misuse any e-mail function available on or through the App. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, "Spam", chain letters, "mail bombs", or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
Use the App to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
Use the App to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights;
Use the App for any unlawful purposes; or... Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, de-compile or disassemble any portion of the App. GameSoft may from time to time monitor or review public App discussions, chats, postings, transmissions, bulletin boards, and the like, although GameSoft is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations. GameSoft may keep archives of any or all public postings or submissions. GameSoft may refuse to post, or may remove at any time, any information or materials, in whole or in part, that GameSoft determines are unacceptable, offensive, or in violation of these TOS. GameSoft will cooperate with law enforcement authorities or court orders directing GameSoft to disclose the identity of anyone posting any such information or materials.
GameSoft may immediately terminate or limit without notice any individual's use of all or portions of the App and/or such user's account(s) in the event of any conduct by such user which GameSoft in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of these TOS. Such termination may occur without notice to the user.
GameSoft may make accounts available to corporations or other companies (referred to generally as a "corporate account"). Any company opening a corporate account shall designate an individual to serve as Administrator of the account. The Administrator must have legal authority to bind the company to these TOS, and to take other binding actions on the company's behalf. The Administrator will be responsible for (a) the compliance with these TOS by all users of that corporate account, (b) insuring that all payments due in connection with the account are duly made, (c) receiving any notices from GameSoft and communicating them to other company users as needed, and (d) any other responsibilities of an Administrator published in the App. Only employees of the company may hold sub-accounts under a corporate account.
GameSoft may make e-mail services available to App users, either directly or through a third-party supplier. GameSoft will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or recipient, or as otherwise required by law or by court.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. GameSoft will not be responsible for any such blocked or deleted messages.
GameSoft may at any time, without prior notice (a) cancel any user registration or account, or deny or limit any user's access to all or portions of the App, (b) change or eliminate any component of the App, and/or (c) impose, remove, or change any fees or charges for use of the App or any feature thereof.
While GameSoft attempts to ensure the listing of accurate and up-to-date prices, offers, and other information, it will not be responsible for typographical or other errors, regardless of their cause.
You are responsible for maintaining the confidentiality of your account information and any password(s), and must immediately notify GameSoft of any unauthorized use of your account. Protect your password - you are responsible for all use made under your account, including any mail sent and any charges and taxes incurred. GameSoft personnel will never ask you for your password.
Although the App may be accessible worldwide, not all products, services, or information referenced in the App are available to all persons in all geographic locations or jurisdictions. GameSoft reserves the right to limit, in its sole discretion, the availability of the App and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any product, service, and/or information made in connection with the App is void where prohibited.
Nothing contained in these terms shall be construed to limit the actions or remedies available to GameSoft and/or its Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any term of these TOS does not constitute consent or waiver, and GameSoft reserves the right to enforce such term at its sole discretion. You agree to indemnify, defend and hold harmless GameSoft and its Affiliates against any and all claims, damages, costs or other expenses that arise directly or indirectly from (a) your breach of this Agreement, (b) your activities in connection with the App, and/or (c) any other matter for which you are responsible hereunder or under law.
These TOS shall be governed by and construed in all respects in accordance with the Laws of England and Wales. Any action to be brought in connection with these TOS or the App shall be brought in the courts of England and Wales and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and reasonable legal fees. In the event that any provision of these TOS are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.
This Agreement constitutes the entire agreement between GameSoft and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are expressly cancelled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Trademark and Copyright Information
GameSoft and the GameSoft logo are trademarks of GameSoft Interactive Ltd. © 2016 GameSoft Interactive Ltd. All rights reserved.
Google and the Google logo are registered trademarks of Google Inc., used with permission.