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Terms of Use

Terms of Use

Game 7 Entertainment, Inc. — Terms of Use

Effective Date: September 1, 2008

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY DESCRIBE THE TERMS UPON WHICH GAME 7 ENTERTAINMENT OFFERS ACCESS TO OUR SITE AND SERVICES ON BEHALF OF THE LEUKEMIA & LYMPHOMA SOCIETY.

1. Introduction

Welcome to www.pledgeplay.com (including all subdomains including lls.play2cures.org, the “Site”), a web site owned and operated by Game 7 Entertainment, Inc. (“Game 7”). The following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site by Game 7 (collectively, “Terms of Use”) describe the terms and conditions applicable to your use of the Site and our services offered through the Site. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS THE SITE OR USE OUR SERVICES.

These Terms of Use govern access to and use of certain non-public restricted areas of the Site by individuals with a registered account at the Site (“Registered Users”) and by individuals authorized to use tokens received from Registered Users to play games on the Site (“Authorized Players”), as well as access to non-restricted areas of the Site by others (“Visitors”). For purposes of these Terms of Use, “you” or “your” refers to Registered Users, Authorized Players and/or Visitors, as applicable, and “Site” refers to restricted and/or non-restricted areas of the Site, as applicable. “We,” “our” and “us” refers to Game 7.

By accessing the Site, you represent to us that you have the ability and the authority to (a) agree to be bound by these Terms of Use and (b) provide the personal information requested by Game 7 in connection with the Site.

2. Registered Users

In order to play games offered in connection with any program on the Site (each, an “Event”) and use our services, you must be a Registered User or an Authorized Player. To become and remain a Registered User, you must: (a) be an individual of at least the age of majority in your state of residence and otherwise able to form legally binding contracts under applicable law; (b) provide certain current, complete, and accurate information about yourself on the registration form available on the Site (“Registration Data”); (c) maintain and update the Registration Data as required to keep information current, complete, and accurate; (d) provide all equipment, including a computer and modem, necessary to access to the World Wide Web; and (e) pay any telephone or other service fees associated with such access. Game 7 retains the right to suspend or terminate your Registered User account and your right to play games on the Site and otherwise use our services (“Registered User Activities”) if any Registration Data that you provide is (or Game 7 reasonably believes to be) untrue, inaccurate, not current, or incomplete. Game 7 will treat the Registration Data and all other personally identifiable information it collects in accordance with Game 7’s Privacy Policy.  Accordingly, for those registrants who opt-in to receive communications from The Leukemia & Lymphoma Society, the LLS Privacy Policy pertains (see: http://www.lls.org/all_page?item_id=4506 )

3. Registered User Accounts

As a Registered User, you will be permitted to participate in Registered User Activities on the Site through a combination of a unique user name (“User Name”) and a password you select (“Password”) upon Game 7’s review and acceptance of your Registration Data. Your Registered User account, User Name and Password are not transferable to any third party. You are responsible for maintaining the confidentiality of your own User Name and Password and for any and all activities which occur under your User Name and Password. You agree to immediately notify Game 7 upon becoming aware of any unauthorized Registered User Activities, unauthorized use of your Registered User account or other breach of the Site’s security. You are solely responsible for any charges, damages, or losses that may be incurred or suffered as a result of (a) your failure to maintain the strict confidentiality of your User Name and Password; and/or (b) unauthorized use of your Registered User account.

4. Tokens and Game Play

As a Registered User, you may play any of the unique games offered in connection with Events on the Site upon payment of a donation to LLS’ Play2Cures, which we also sometimes refer to on the Site as a “pledge.” 

Donations are due and payable by credit card prior to accessing and playing games on the Site. Once you have submitted your donation, your donation is non-refundable. You hereby authorize LLS to charge all fees you incur on the Site to the credit card you identify at the time of your purchase and you represent and warrant that you are an authorized user of such credit card. LLS is authorized to charge payment equal only to the amount of the applicable donation identified on the Site.  A designated portion of all donations received will be paid to Game 7 by our partner charities.

Upon payment of a donation in connection with any Event on the Site (an “Event Site”), you will be issued one non-refundable, transferable token per dollar of donation paid. Each token will enable you to play one game on the Event Site any time during the Event and the 30 days after the specified Event termination date. The results of game play for each game will be posted on a leaderboard on the Site using each player’s designated leaderboard name.

4a. Refund Policy

Refund Policy If you change your mind about contributing to The Leukemia & Lymphoma Society's through lls.play2cures.org, we are happy to honor your decision.

To request a refund, you can either call 1-888-HELP LLS for assistance from the The Leukemia & Lymphoma Society, write to The Leukemia & Lymphoma Society 1311 Mamaroneck Avenue, White Plains, NY 10605 Attn: Play2cures, or email support@lls.play2cures.org

Refunds will be issued by check within two weeks. Please be sure to provide the confirmation number from the original receipt.

5. Authorized Players

Registered Users may transfer tokens to individuals who are at least 13 years old by using designated features available on the Site. To become and remain an Authorized Player, such individuals must (a) provide certain current, complete and accurate data about themselves on the form available on the Site (“Authorized Player Data”); (b) maintain and update the Authorized Player Data as required to keep information current, complete and accurate; (c) provide all equipment, including a computer and modem, necessary to access the World Wide Web and pay any telephone or other charges associated with such access. Game 7 reserves the right to suspend or terminate any Authorized Player’s right to retain tokens and play games on the Site or otherwise use our services (“Authorized Player Activities”) if any Authorized Player Data is (or Game 7 reasonably believes to be) untrue, inaccurate, not current or incomplete.

6. Authorized Player Activities

Authorized Players may transfer tokens to Authorized Users, other Authorized Players and/or individuals who are eligible to become Authorized Players (as described above). As an Authorized Player, you will be permitted to participate in Authorized Player Activities on the Site through a combination of a unique User Name and a Password you select, upon Game 7’s review and acceptance of your Authorized Player Data. Your Authorized Player User Name and Password are not transferable to any third party. You are responsible for maintaining the confidentiality of your own User Name and Password and for any and all activities which occur under your User Name and Password. You agree to immediately notify Game 7 upon becoming aware of any unauthorized Authorized Player Activities, unauthorized use of your Authorized Player account or other breach of the Site’s security. You are solely responsible for any charges, damages, or losses that may be incurred or suffered as a result of (a) your failure to maintain the strict confidentiality of your User Name and Password; and/or (b) unauthorized use of your Authorized Player account.

7. Privacy Statement

Any information provided by you or gathered by us or third parties during any use of the Site is subject to the terms of our Privacy Policy, which is incorporated herein by reference. We encourage you to periodically read our Privacy Policy. Accordingly, for those registrants who opt-in to receive communications from The Leukemia & Lymphoma Society, the LLS Privacy Policy pertains (see: http://www.lls.org/all_page?item_id=4506 )

 

8. User Conduct

As a condition of your use of the Site, you agree (a) to abide by all applicable local, state, and federal laws and regulations in your use of the Site; (b) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) not to use the Site for any purpose that is unlawful or contrary to these Terms of Use; (d) not to use the Site, or any portion thereof, in any manner that could damage, disable, overburden, or impair the Site or our services or interfere with any other party’s use and employment of the Site or our services; (e) not to attempt to gain unauthorized access to any databases, information, computer systems, network associated with Game 7 or Registered User or Authorized Player accounts other than your own; (f) not to send email through the Site or containing a hyperlink to the Site to people who do not wish to receive messages from you or which violate applicable law; (g) not to use or distribute any cheat utility, software or macro programs or applications or use any robot, spider, other automatic device, or manual process to monitor or copy any pages or content contained on this Site or for any other unauthorized purpose; (h) not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our services; and (i) not to attempt to post false or inaccurate game scores on the Site.

Any information, ideas or opinions posted by users of the Site do not necessarily reflect our views. We do not assume responsibility for the accuracy of any information, ideas or opinions posted by users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. If you post any information, materials or other content on our website, you authorize us to use, edit and publish such materials in any manner we choose and without any obligation to compensate you or anyone else. When posting any information, materials or content on the Site, (a) you represent that you have the unrestricted legal right to do so and that the posted items will not infringe on any intellectual property or other right of any third party and (b) you agree that you will not:

·         Stalk, harass, defame, intimidate or threaten another user;

·         Interfere with another user's rights to privacy;

·         Post any material that is defamatory or untruthful;

·         Post any material that is obscene, offensive or indecent;

·         Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;

·         Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or

·         Advertise or sell any goods or services.

9. Intellectual Property

Game 7 is the owner of the Site and except as expressly indicated otherwise on the Site, (a) is the owner or licensee of any trademark, service mark and/or other intellectual property appearing at the Site, or used in connection with the Site and our services and (b) is the copyright owner or licensee of the content and/or information on this Site including but not limited to any screens appearing at the Site. Certain trademarks, service marks or logos that appear on the Site, in particular (but not exclusively) those of our Partner Organizations, Event sponsors, advertisers, and the licensors of games on the Site, are the property of their respective owners and may not be used without the express prior written permission of their respective owners and/or Game 7. You may print a copy of the information on this Site for your personal use or records. You may not otherwise download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sell or transfer, or in any way commercially exploit any of the content, software or services that are a part of the Site, or infringe upon any copyrights, trademarks or service marks contained herein without the express written consent of Game 7. If you make use of the Site, except as otherwise provided above, you may violate applicable laws and be subject to damages and penalties. Notwithstanding any other provision of these Terms of Use, Game 7 does not grant any license or other authorization to any Registered User, Authorized Player or Visitor of Game 7’s trademarks, service marks, other copyrightable material or other intellectual property by placing them on the Site.

10. Violation of Terms of Use

We may investigate any violation of or complaints relating to these Terms of Use. You agree to cooperate fully with any such investigations. You understand and agree that without prior notice and in our sole discretion, we may take such action as we may deem appropriate with respect to your access to the Site and/or Registered User Activities or Authorized Player Activities, including, but not limited to suspending or terminating your access to the Site, Registered User Activities, Authorized Player Activities or third party sites through the Site in the event you violate these Terms of Use, Game 7’s rights or applicable law.

11. Disclaimer of Warranties

BY USING THE SITE OR OUR SERVICES, INCLUDING ANY APPLICATIONS, SOFTWARE, AND CONTENT CONTAINED ON THE SITE, YOU AGREE THAT USE OF THE SITE OR OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL GAME 7 BE RESPONSIBLE FOR THE CORRECTNESS OF THE SITE OR OUR SERVICES, AND NO STATEMENT MADE BY A REPRESENTATIVE OF GAME 7 OR THROUGH THE SITE, OUR SERVICES OR ELSEWHERE – EXPRESSED OR IMPLIED - WILL BE DEEMED A GUARANTEE, WARRANTY OR REPRESENTATION. THE SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, SERVICES OR UNINTERRUPTED ACCESS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE OR OUR SERVICES. SPECIFICALLY, GAME 7 DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THE SITE, OR OUR SERVICES; AND (B) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. GAME 7 MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GAME 7 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE OR OUR SERVICES WILL BE CORRECTED. ANY INFORMATION OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR DOCUMENTS.

12. Limitation of Liability

NEITHER GAME 7 NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR CONTENT OR SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR OUR SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF GAME 7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GAME 7’S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE AMOUNT OF FEES COLLECTED BY GAME 7 FROM YOU IN ACCORDANCE WITH THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Copyright Notification

Game 7 does not permit copyright infringing activities and other infringement of intellectual property rights on its Site. Game 7 will remove all content on the Site if properly notified that such content infringes another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

A.     a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B.     identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C.     identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

D.     information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;

E.      a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F.      a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you fail to comply with all of the requirements listed above, your DMCA notice may not be valid. All DMCA Notices should be sent to Game 7’s designated Copyright Agent at copyrightagent@pledgeplay.com. Please note that only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Game 7’s customer service through the Contact Us area of the Site.

14. Third Party Sites

Game 7 may allow third parties to participate in and sponsor certain programs on the Site and/or display advertisements on the Site and may provide links to other sites or resources. Game 7 is not responsible or liable for (i) the accuracy or availability of such external sites or resources; or (ii) any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.

15. User Feedback

Game 7 is pleased to hear from Registered Users, Authorized Players and Visitors. We welcome your comments regarding the Site. Please be advised, however, that we do not accept or consider unsolicited ideas, including ideas for new programs, services, products, technologies or materials. Please do not send your unsolicited ideas or any original materials to Game 7 or anyone at Game 7. If, despite this request, you do send us your ideas and materials, please understand that by doing so, (a) you assign to Game 7, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit; (b) we will be entitled to use any information and materials you submit for any purpose whatsoever without restriction and without compensating you in any way; and (c) you represent to Game 7 that you have the unrestricted right to make such submission and assignment.

16. Indemnification

You agree to indemnify and hold harmless Game 7 and its Partner Organizations, affiliates, Event Sponsors, advertisers, licensors of games on the Site, and their respective licensors, agents, officers, employees and contractors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including court costs and reasonable attorney fees) which arise out of, are connected with or directly relate to (a) your use of the Site and our services; or (b) any breach of any obligation, representation or warranty made by you in connection with such use.

17. Modification to Terms of Use

Periodically, we may update and/or change any of these Terms of Use to reflect changes in the Site, services offered, changes in applicable laws, or for any other reason we deem necessary or appropriate. If our Terms of Use change, we will post the revised version of the Terms of Use on our Site. Please check the Site periodically for modifications to these Terms of Use. Your continued use of the Site after any such change will constitute your consent to, and agreement to be bound by, the revised Terms of Use.

18. Modification to Site

Game 7 reserves the right, in its discretion, to modify, terminate or suspend any component of the Site or make changes to our services at any time without liability to you or any third party. We will notify users of any such changes through postings on the Site. Your continued use of the Site after any such change will constitute your consent to, and agreement to be bound by the change. We may also impose limits on certain features of the Site or restrict your or any third party’s access to any or all of the Site in our discretion, without notice or penalty. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site.

19. Assignment

You may not assign or otherwise transfer, delegate or subcontract any of your rights, interests or obligations relating to the Site or our services without Game 7’s express prior written consent. Any attempted transfer by you without Game 7’s consent will be void. These Terms of Use will bind and inure to the benefit of you and our successors and permitted assigns.

20. Void Where Prohibited

Game 7 administers and operates the Site from its location in the United States of America. Although the Site is accessible worldwide, no features or services discussed, referenced, provided or offered through or on the Site are offered or available to persons in geographic locations outside the United States of America. Game 7 reserves the right, in its sole discretion, to limit the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on or through the Site is void where prohibited. You may not access, download, use or export the Site or the content thereof in violation of applicable laws or regulations.

21. Notices

All Notices under these Terms of Use must be provided in writing. If you have provided us with an email address, we may provide notices to you in electronic form via an email to such address. You may submit notices to us at our email address, support@pledgeplay.com. Notices sent by email will be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, you may send notices to us by regular U.S. mail, postage prepaid to Game 7’s address provided below and, if you have provided us with a postal address, we may send notices to you at such address by regular U.S. mail, postage prepaid. Notices sent by U.S. mail will be deemed given upon actual receipt, or if earlier, three (3) business days after mailing. Game 7 may also broadcast notices or messages on the Site.

22. Arbitration

Except as otherwise provided in Section 23 below, all disputes, controversies or claims arising out of or relating to these Terms of Use will be resolved through binding arbitration conducted in Orange County, California, in accordance with: (a) the Federal Arbitration Act; (b) the then-current commercial arbitration rules of the American Arbitration Association (the “AAA”); and (c) these Terms of Use. The terms set forth in these Terms of Use will control in the event of any inconsistency between such terms and the AAA rules. The arbitration will be conducted by a single arbitrator reasonably familiar with the technology and business covered by these Terms of Use selected by mutual agreement of the parties. If the parties fail to select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then the AAA will appoint an arbitrator in accordance with its rules. The award of the arbitrator will be in writing setting forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.

23. Miscellaneous

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any cause of action with respect to these Terms of Use and your rights and obligations hereunder must be submitted for arbitration pursuant to Section 24 above within one (1) year after the cause of action or the cause of action will be barred. Notwithstanding any other provision of these Terms of Use, either you or Game 7 may seek injunctive or other equitable relief in any court of competent jurisdiction at any time. You and Game 7 are independent parties; nothing in these Terms of Use is to create any agency, joint venture, partnership or similar relationship between us.

These Terms of Use, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Game 7 on the Site, and any modifications to the foregoing constitute the entire agreement between you and Game 7 relating to your access to and use of the Site and our services and supersede all prior or contemporaneous oral or written communications or agreements between you and Game 7 with respect thereto.

The failure of Game 7 to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver by Game 7 of any right or provision of these Terms of Use must be in writing. Any such waiver arising from a breach of these Terms of Use is not to be construed as a continuing waiver of other breaches. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, then, to the extent possible, it will be replaced with a provision which accomplishes the original purpose of the provision in a valid and enforceable manner, and the other provisions of these Terms of Use will remain in full force and effect. All remedies available under these Terms of Use are cumulative and may be exercised concurrently or separately. A printed version of these Terms of Use and of any notice given in electronic form in accordance with these Terms of Use will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Sections 7, 9, 10, 11, 12, 16, 19, 21, 22 and 23 will survive termination of these Terms of Use.

24. Acknowledgement

You acknowledge that (a) you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

25. Contact Information

If you have any questions regarding these Terms of Use, please contact Game 7 at support@pledgeplay.com.

Game 7 Entertainment, Inc.
65 Enterprise
Aliso Viejo, CA 92656

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