Terms and Conditions | GameRef.art

These are the terms and conditions for:

https://gameref.art

By accessing the website and using the functionalities of the website, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these Terms, then you may not use our website and services. In these “terms”, "we", "us", "our" and "Gameref.art" refers to Gameref.art and "you" and “your" refers to you, the user of our website.

The use of the website means that you agree to these terms and conditions as set out below ("Terms"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.

1. ELIGIBLITY

You may use the website and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our website and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.

You represent and warrant that your use of the website does not violate any applicable law or regulation. Gameref.art may, in its sole discretion, refuse use of the website to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.

By using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. LICENSE TO USE THE WEBSITE

Gameref.art gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the website provided to you by Gameref.art as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Gameref.art in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the website and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Gameref.art website or third parties.

This website prohibits uploading and sharing content that: (1) Are categorized as SPAM. (2) Is harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content. (3) Distributes Trojan horses, viruses or other malicious software. (4) Intends to commit fraud, phishing, scams or related crimes. (5) Distributes intellectual property without owning or having a license to distribute such intellectual property without owning or having a license to distribute such property. (6) Distributes intellectual property without owning or having a license to distribute such property. (7) Distributes intellectual property without owning or having a license to distribute such property. (5) Distribute intellectual property without ownership or a license to distribute such property. (6) In any way violate the terms of service, privacy policy or rules of this website or the recipients.

Gameref.art reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Gameref.art believes that you have violated any of these terms or interfered with the use of the website or service by others.

3. USER CONTENT

Certain features of the website allow users to provide screenshots of different video games and post that user content on the website. You retain any copyrights you may have in the user content you post on the website. Gameref.art is not responsible for the accuracy, safety or legality of user content posted on the website. Users are solely and exclusively responsible for their content and the consequences of its publication on the website. Gameref.art shall have no liability for the contents provided and published by users on the website.

4. USER CONTENT REPRESENTATIONS AND WARRANTIES

Gameref.art disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the website. By providing user content via the website, you affirm, represent, and warrant that:

a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Gameref.art and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Gameref.art, the service, and these Terms.

b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Gameref.art to violate any law or regulation.

c) Your user content should not contain information or content about politics or religion.

d) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

e) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.

5. USER CONTENT DISCLAIMER

Gameref.art may, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Gameref.art with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Gameref.art does not permit copyright-infringing activities on the service.

You acknowledge and agree that Gameref.art reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Gameref.art chooses to monitor the content, Gameref.art still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

6. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

7. COPYRIGHT

All content included on this website, such as text, graphics, logos, images, videos, audio clips, data compilations and software, is the property of Gameref.art and its user content providers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Gameref.art and its user content providers and is protected by international copyright laws. All software used on this website is the property of Gameref.art or its software suppliers and is protected by international copyright laws.

Users can publish and share content through the website. By posting your content through Gameref.art, you agree and consent that your content may be publicly displayed on the website and may be shared by other users of the website. By posting and sharing your content and the content of other users, you also agree not to modify or remove, directly or indirectly, any copyright, trade name, service mark, trademark or any other property displayed in the content available on Gameref.art. Any alteration or use of the content outside the guidelines of these terms violates intellectual property rights and may be subject to claims or lawsuits. By accessing our website, you do not have any right or title to the content available or other intellectual property.

The images (screenshots) published on the website contain a watermark, which should not be considered as an intellectual property right. The intellectual property rights of the screenshots belong to the developers of the games and to the users who provided the screenshots to the platform.

8. COPYRIGHT INFRINGEMENT (Digital Millennium Copyright Act)

Gameref.art will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act. Gameref.art respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act, via our contact information, with the following information:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Gameref.art can find it on the "Gameref.art" website. Note that providing a top-level URL is not sufficient.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

Upon receipt of a request for copyright infringement under the Copyright Act, Gameref.art will contact the allegedly infringing user so that the user may respond to the request in accordance with the terms contained in the Digital Millennium Copyright Act.

Responses to copyright infringement requests must contain the following:

The physical or electronic signature of the user;
The identification of the content that has been removed or the place where the content was posted;
A statement, under oath, indicating a good faith belief that the content or material was removed due to an error.
The name, address and telephone number of the user; and
A statement that the user consents to the jurisdiction of the court in which the user is located.

In the event that the owner of the rights of the image claims the removal of the images published on the website, we will remove the publication of the image immediately.

All copyright infringement requests and responses may be submitted through our contact information.

9. ACCURACY AND TIMELINESS OF INFORMATION

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.

10. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, sound, photos, graphics, video, icons or other material), as well as the infrastructure used to provide such content and information, is the property of Gameref.art or the respective users content providers. Based on this information, the following activities are prohibited:

Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Gameref.art;

Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission;

Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;

Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

Deep-link to any portion of the Services for any purpose without our express written permission;

"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;

Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Gameref.art in connection with the services;

Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;

11. DISCLAIMER OF WARRANTIES

Gameref.art will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet Gameref.art provide and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Gameref.artfor any loss or damage caused as a result.

Gameref.artwill not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Gameref.artexcludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Gameref.art and Gameref.artshall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

Any incorrect or inaccurate information on the website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor any product or service purchased through the website.
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from Gameref.art.
All representations, warranties, conditions and other terms which but for this notice would have effect.

12. THIRD PARTIES

Any dealings with third parties included within or on Gameref.art involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Gameref.art is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Gameref.art does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Gameref.art or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Gameref.art is provided to you for informational purposes only. Gameref.art encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Gameref.art works to ensure the information on Gameref.art is current and accurate.

13. SECURITY COMPONENTS

You understand that Gameref.art and software embodied within Gameref.art may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Gameref.art and/or content providers who provide content to Gameref.art website. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Gameref.art.

14. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Gameref.art for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

15. INDEMNIFICATION

You agree to defend and indemnify Gameref.art from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the website.

16. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

17. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the services and the use of the website, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.

18. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gameref.art without restriction.

19. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Gameref.art, shall constitute the entire agreement between you and Gameref.art concerning and governs your use of the website and website.

20. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the website shall be resolved by binding arbitration between you and Gameref.art, except that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the use of the website or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Gameref.art may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.

21. FINAL PROVISIONS

These conditions are governed by the laws of Ukraine and the European Union. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

22. CONTACT US

If you have questions or concerns about these Terms, please contact us through our contact page or via the contact information below:
support@gameref.art