These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity("you") and GameScavenger LLC ("Company", "we", "us", "our"), concerning your access to and use of the gamescavenger.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (Collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO THE USE OF THESE TERMS, THEN YOU MUST DISCONTINUE USE OF THIS SITE IMMEDIATELY. YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.
This Site's primary purpose is to provide news, criticism (scores) of video games, and to be a research tool for the users. The content of this Site is provided for informational purposes, to provide the users of this site the ability to make informed decisions. Games are attached with scores from OpenCritic.com. These scores are provided for criticism and commentary purposes, speaking toward the quality of the game. The Site does not claim ownership or partnership with any Third-Party whose content is displayed on the Site.
Supplemental conditions and terms or documents that are posted to the Site from time to time are incorporated herein by reference. We reserve the right to make changes or modifications of these Terms of Use at any time and for any reason. We will alert you of these changes by updating the "Last updated" date of these terms at the very bottom of this page. It is your responsibility to periodically review these Terms of Use for any updates that have been made. You will be subject to, and will be deemed to have been made aware of, and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution of use would be contrary to law or regulation or which our subject us to any sort of registration requirement. Those persons who utilize the Site from other locations do so on their own initiative, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This site is intended for use by persons who live in the United States.
This Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission of, and be supervised by, their parent or guardian to use this Site. If you are a minor, you must have tour parent or guardian read and agree to these Terms of Use prior to you using this Site.
This Site is not responsible for any typos, errors, inaccuracies, or any other misrepresentation that arise from human error. We will do our absolute best to provide accurate information in a timely manner, but will not be held responsible for any losses due to error on our part. The Site reflects information gathered from other websites and is not responsible for any errors that may be represented on those other websites. We reserve the right to correct errors, inaccuracies, or omissions and to change or update the information on the Site at any time, wihtout prior notice.
The Site is limited to the provision of information of the Nintendo eShop, Playstation Store, Xbox Store, and other related providers. The Site is not the seller of the listed products and does not act as a representative of Nintendo, Sony, Microsoft or any other related provider. Any issues arising from the attempt to purchase the games listed on this site should be addressed with the given supplier you are attempting to purchase the content from.
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, images, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third-Party Websites, and Third-Party Content are not investigated, monitored, or checked for accuracy, reliability, privacy practices, offensiveness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including content, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion, linking to, or permitting the use of installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site, and access Third-Party Content or Websites you do so at your own risk, and should be aware that these Terms of Use no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable Third-Party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any hard caused by your purchase of such products or services; Including any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. The Site does not claim ownership of any Third-Party Content, and it is used solely for informational and research purposes.
Nintendo, Nintendo Switch are Trademarks of Nintendo Co., Ltd
Sony, Playstation, Playstation 4 are Trademarks of Sony Electronics Inc
Microsoft, Xbox, Xbox One, Xbox One X are Trademarks of Microsoft Corporation
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to suspend, temporarily or permanently, your account if we deem it is being used contrary to its intended purposes.
By using this Site, your represent and warrant that: |1| all registration information you submit will be true, accurate, current, and complete; |2| you have the legal capacity and you agree to comply with these Terms of Use; |3| you are not under the age of 13; |4| you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have parental permission to use this Site; |5| you will not use this Site for any illegal or unauthorized purpose; |6| you will not access this Site using any automated or non-human means, whether through a bot, script, or otherwise.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us from any such loss or corruption of such data.
We allow advertisers to display their advertisements ("ads") and other information in certain areas of the Site, such as sidebar or ads or banner ads. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
You acknowledge and agree that any questions, comments, feedback, ideas, or other information regarding the Site ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all rights to any such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any properly rights in your Feedback.
Unless otherwise indicated (SEE "THIRD-PARTY WEBSITES AND CONTENT and LEGAL STATUS" ABOVE), the Site is our proprietary property and all the source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission
We reserve the right to change, modify, or remove the content of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify our discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price changes, suspension, or discontinuation of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate s to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As the user of the Site, you agree not to:
We reserve the right, but not the obligation to |1| monitor the Site for violations of these Terms of Use; |2| take legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; |3| otherwise manage the Site in a manner that is designed to protect our rights and property and to facilitate the proper functioning of the Site.
By using this Site, you agree to the bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in the United States of America. If you access the Site from the European Union, Asia, or any other region in the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America, then through your continued use of the Site, you are transferring your data to the United States of America, and you expressly consent to have your data transferred to and processed in the United States of America. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete the information from the Site as quickly as reasonably possible.
These Terms of Use shall remain in full force and effect while you use the Site. WHITOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (BY ANY MEANS APPROPIATE), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTATINED IN THESE Terms of Use OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICPATION IN THE SITE OR DELETE YOUR ACCOUNT AT AY TIME, WIHTOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate your account for any reason, you are prohibited from registering and creating a new account using your email, a fake or borrowed email, or the email of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action. including without limitation pursuing civil, criminal, and injunctive redress.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made to be entirely performed in the State of Georgia, without regard to its conflict of law principles.
Prior to pursuing legal action, you agree to first attempt to solve any grievances with this Site through informal negotiations.
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually. a "Party") shall be commenced or prosecuted in the state and federal courts in Paulding County, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention or Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought b either Party related in any way to the Site be commenced more than one |1| year after the cause of action arose.
THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRIGNEMENT. WE MAKE NO WARRANTIES OR REPRESNTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABLITY OR RESPONSIBILITY FOR ANY |1| ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, |2| PERSONAL INJURY OR PROPERLY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, |3| ANY UNAUTHROIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANICAL INFORMATION STORED THEREIN, |4| ANY INTERPRETATION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, |5| ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR |6| ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAIABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSTIE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPOBNSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND AN THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THRIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL EXEMPLARY INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: |1| use of the Site; |2| breach of these Terms of Use; |3| any branch of your representations and warranties set forth in these Terms of Use; |4| your violation of the rights of a third party, including but not limited to intellectual property rights; or |5| any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at you expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon being made aware of it.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSATIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non0electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Use and any policies or operating rules posed by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extend permissible by law. We may assign any or all of our rights and obligations to other at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed serviceable from these Terms of Use and does not affect the validly and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will no be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may gave based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further information regarding the Site, please contact us at: [email protected]