Terms of Use
GoodGameTV Terms of Use GOODGAMETV, LLC ("GoodGameTV") provides website access at www.goodgametv.com (the "Site") through which users can watch trailers, videos, movies, shows, web series, and various other video entertainment (the "Services"). The Site’s terms and conditions ("Terms of Use") govern your access to and use of the Site and Services. These Terms of Use are a binding legal agreement between you and GoodGameTV and apply whether you are a Registered GoodGameTV User (defined below) or a visitor browsing the Site (collectively, "GoodGameTV Users"). By using the Site’s Services, you grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services. YOU UNDERSTAND THAT BY CLICKING ON THE "I AGREE" BUTTON, REGISTERING ON OUR WEBSITE, WATCHING ANY FREE TRAILERS, OR CLICKING ANY LINKS ON THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES FOR ANY COMMERCIAL OR PRIVATE PURPOSES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
Eligibility and Registration.
In order to access certain Services, including purchasing a package of commercial video content or streaming from the video player (respectively known as "Video Content" and "Video Player"), you will have to register and create a GoodGameTV user account "GoodGameTV Account", "Customer Account", or "Account" to become a "GoodGameTV Customer" or "Customer". To become a Customer you must be at least 18 years of age with a verified PayPal account and/or a rightfully owned credit card.

When you create your GoodGameTV Account, you must provide GoodGameTV with accurate, updated, and complete information. When Account information becomes outdated, you will promptly update your Account information with any new information that may affect its operation. You authorize GoodGameTV, directly or through third parties, to make any inquiries necessary or appropriate to verify your Account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from GoodGameTV Users.

You agree to not use false identities and to not impersonate any other person or use a username, password, or billing information that does not belong to you. GoodGameTV reserves the right to require you to change your Account information, including username, password, and billing information, for any reason, including security purposes, and may do so at anytime.

You agree that you are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding GoodGameTV Account information. You understand that you are entirely and solely responsible for any unauthorized usage and must notify GoodGameTV personnel of unauthorized activity immediately. You understand that if an unauthorized user uses your account, GoodGameTV reserves the right to terminate the account without any refund.
Access to Video Content: Fees and Billing.
GoodGameTV Users may be able to access video entertainment by paying one-time fees for each package of content ("Purchase Fee"). Purchase Fees are refundable at GoodGameTV's sole discretion. There is no prorated refund of any fees upon any termination or cancellation. If any amount is left outstanding, you agree to immediately pay any unpaid amounts accrued as of termination (if any).

You hereby authorize GoodGameTV to collect fees by charging the PayPal account or credit card provided as part of your GoodGameTV Account information.
Proprietary Rights and Licenses.
(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:

"Video Content" means any show, movie, web series, anime, motion comic, or other video entertainment appearing on and distributed by, either exclusively or non-exclusively, the GoodGameTV website "GoodGameTV Content" means, collectively, all content whether video, audio, text, graphic, or in any other form that appears anywhere on the Site, including all Video Content, text, artwork, and logos on its site pages and any legal disclaimers, including these Terms of Use.

(b) GoodGameTV Content:

(i) GoodGameTV and its licensors and partners own all rights, titles and interests, including all worldwide intellectual property rights in the Site, Services, Video Content, artwork, fonts, text, and any other content made available through the Site or Services contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Video Content, or any other content made available through the Site or Services or related products and services, and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Video Content or any other content made available through the Site or Services.

(d) Reminder Regarding Video Content. For the avoidance of doubt with respect to any Video Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Video Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, acting performance, or artwork embodied in the content.

(e) Disclaimer. GoodGameTV does not guarantee that any content (including without limitation to Video Content) will be made available through the Site or Services, continuously or at all. WHILE GOODGAMETV IS UNDER NO OBLIGATION TO DO SO, GOODGAMETV RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON GOODGAMETV DEEMS SUFFICIENT.
Copyrighted Materials: No Infringing Use.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. GoodGameTV has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
Termination or Suspension of the Site or Services & Modification of these Terms of Use.
GoodGameTV reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after GoodGameTV has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.

Without limiting other remedies, GoodGameTV may at any time suspend or terminate your GoodGameTV account and refuse to provide access to the Site or Services. In addition, GoodGameTV may notify authorities or take any actions it deems appropriate, without notice to you, if GoodGameTV suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by GoodGameTV; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, GoodGameTV Users, GoodGameTV or any other third parties or the Site or Services.

You may terminate your GoodGameTV account at any time and for any reason by selecting the termination option on your Account information page. Such termination by you will render your account deactivated and will no longer be accessible.

After termination, you understand and acknowledge that GoodGameTV will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. GoodGameTV will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, GoodGameTV will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to GoodGameTV under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Interactions between GoodGameTV Users.
In the limited areas where users might be able to communicate with each other, you are solely responsible for your interactions (including any disputes) with other GoodGameTV Users. You understand that GoodGameTV does not in any way screen GoodGameTV Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using the Site and Services and disclosing personal information to other GoodGameTV Users. You agree to take reasonable precautions in all interactions with other GoodGameTV Users, particularly if you decide to meet GoodGameTV Users offline, or in person. Your use of the Site, Services, GoodGameTV Content and any other content made available through the Site or Services is at your sole risk and discretion and GoodGameTV hereby disclaims any and all liability to you or any third party relating thereto. GoodGameTV reserves the right to contact GoodGameTV Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with GoodGameTV to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized GoodGameTV representatives access to any password-protected portions of your GoodGameTV account.
Obligations for GoodGameTV Users.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:

Upload, post, submit or otherwise transmit: (i) any information or property to which you do not have the lawful right to copy, transmit and display; (ii) any information or property that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

Upload, post, submit or otherwise transmit any information or property that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of GoodGameTV;

Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;

Use any meta tags or other hidden text or metadata utilizing a GoodGameTV trademark or logo, URL or product name;

Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;

Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

Upload, post, submit or otherwise transmit any information or property that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;

Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of GoodGameTV's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;

Attempt to probe, scan or test the vulnerability of any GoodGameTV system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;

Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by GoodGameTV or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;

Collect or store personal data about other GoodGameTV Users without their express permission;

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

Use the Site or Services in any manner not permitted by these Terms of Use; or

Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.
Sweepstakes and Contests.
GoodGameTV Promotions. GoodGameTV may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site, as they may contain additional important information about GoodGameTV's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.
Indemnification.
You agree to defend, indemnify and hold GoodGameTV and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services and GoodGameTV Content (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you posted to the Site or via the Services caused damage to a third party, including without limitation claims that your posts are infringing. As to (i), (iii) and (iv) in this Section, your obligation to indemnify GoodGameTV applies to your activities on the Site at any time.
Disclaimer.
THE SITE, SERVICES, GOODGAMETV CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. GOODGAMETV EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, GOODGAMETV CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, GOODGAMETV MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, GOODGAMETV CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL GOODGAMETV OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, GOODGAMETV CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY GOODGAMETV USER, ONLINE OR OFFLINE, WHETHER OR NOT GOODGAMETV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOODGAMETV'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $10. GOODGAMETV WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Force Majeure.
GoodGameTV will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to GoodGameTV infrastructure or connectivity to the internet or failure at an GoodGameTV co-location facility or content distribution network (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, GoodGameTV will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that GoodGameTV may reasonably require to recover from the effects of such Force Majeure Event.
Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of these Terms of Use each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract.
Notice; Consent to Electronic Notice.
You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by GoodGameTV via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to legal@GoodGameTV.com or to such other addresses as GoodGameTV may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Links to other Websites.
The Site or Services may provide links to websites other than GoodGameTV.com. Such links are provided for reference only, and GoodGameTV neither controls such websites nor endorses any of the material on any such websites or any association with their operators. GoodGameTV is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
Miscellaneous.
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of GoodGameTV and any prohibited assignment will be null and void. GoodGameTV may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use will be governed by and interpreted in accordance with the laws of the State of New York excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in New York and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Use and the rules, restrictions and policies contained herein, and GoodGameTV's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and GoodGameTV. These Terms of Use together with the rules and policies of GoodGameTV incorporated herein by reference constitute the entire agreement between GoodGameTV and you with respect to the subject matter of these Terms of Use.
Questions.
If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact GoodGameTV by emailing us at legal@GoodGameTV.com.
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