- This User Agreement (“user agreement” or “agreement”) is an agreement between Gamervania, LLC and you. This agreement sets out the terms of your use of Gamervania.com (the “website”) and services, including, but not limited to, the provision of access to an on-line profile with photo/video gallery, albums, wall with user updates, comment on their publications, contests and other social network features (the “services”).
Access to Gamervania
- Gamervania, including its website and services, is designed as entertainment, and is exclusively for your personal use and enjoyment. We are not responsible for any decisions you make based upon something you read on the website. You may not use the website and/or the services to break the law, violate an individual’s privacy, or infringe the intellectual property rights of any other person or entity.
- Your access to Gamervania is not guaranteed by this agreement. Without advanced notice and at any time we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to the website or services; (2) suspend or terminate your Gamervania account; and/or (3) alter, amend or remove any user content from the website.
- To participate on Gamervania, you must create an account that includes a username, password and valid e-mail address (“Your Account”). Gamervania reserves its rights to block the use of e-mail address from certain e-mail providers during the registration process at its discretion and without any warning to you.
- You are solely responsible for the information associated with Your Account, and anything that happens in relation to Your Account, including, but not limited to, any content posted to the website by Your Account. You may not license, transfer, sell or assign Your Account without our prior written permission.
- We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- Illegal Activity: In any instance where we suspect you have used your account to post illegal material (e.g., child pornography) to the website, in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, injunctive redress and to fully cooperate with the authorities in any investigation.
Our Intellectual Property
- Gamervania contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors,
- We grant you the right to access the Gamervania content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Gamervania content, except as permitted by the doctrine of fair use or as authorized in writing by us.
Your Intellectual Property
- You retain the rights to your copyrighted content or information that you submit to Gamervania (“user content”), except as described within this agreement.
- By submitting user content to Gamervania, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
- By submitting user content to Gamervania, you represent that your submitted user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
- By submitting user content to Gamervania, you represent that your submitted user content does not violate the laws of Spain, or the jurisdiction in which you reside.
- Gamervania does not endorse, either expressly or implicitly, any user content submitted to Gamervania Nor does Gamervania assume any liability for any user content submitted to Gamervania.
We reserve the right but do not have an obligation to:
A. monitor the website for violations of this agreement;
B. take appropriate legal action against anyone who, in our sole discretion, violates this agreement, including without limitation, reporting such user to the appropriate law enforcement authorities;
C. in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) or modify any user content or any portion thereof for any reason;
D. otherwise manage the website in a manner designed to protect our rights and property, and to facilitate the proper functioning of the website.
- If you have an issue or a complaint with us, you agree to try and resolve it with us informally before pursuing any legal action. In order to resolve an issue or a complaint regarding the website or the services, please contact us at info@Gamervania.com.
- The headings in this agreement are for convenience only, and do not control any of its provisions.
- Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the City of Malaga (Spain) without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and regional court located in Malaga, Andalucia (Spain)
Severability and Enforcement
- If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
- If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this User Agreement
We may modify this agreement from time to time. Any and all changes to this agreement will be posted on the website and revisions will be indicated by date. You agree to be bound to any changes to this agreement when you use the services after any such modification becomes effective. We may also, in our discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address.