ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
The team at GoLoader.com welcomes you. These Terms of Service ("Terms of Service") apply to web sites and interactive services owned or operated by Game-Xpert, Inc. ("Game-Xpert") and its subsidiaries which include, but are not limited to, GoLoader.com ("GoLoader"). The Terms of Service applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). Certain additional terms apply to paying subscribers which are set forth in Article II below. By visiting or using the Services you are agreeing to abide by the Terms of Service.
Game-Xpert, Inc. may change the Terms of Service at any time and the changes will become effective immediately after posting the revised Terms of Service (the "Effective Date"). You can review the most current version of the Terms of Service at any time at www.goloader.com. You are responsible for checking periodically for changes and your continued use of the GoLoader Services after the Effective Date indicates your acceptance of the new Terms of Service.
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the Terms of Service. Game-Xpert may also offer certain Services that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.
2. Game-Xpert Services
A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, personalized content and branded programming. Some Services are presently provided free of charge and others require payment. Game-Xpert reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that Game-Xpert will not be liable to you or any third party for any modification or discontinuance of the Services.
B. Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither Game-Xpert nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings. Please refer to Section 6 below for full details.
C. Privacy Policy. Game-Xpert respects your privacy and has developed a detailed Privacy Policy that is incorporated into the Terms of Service. Please take the time to read our Privacy Policy which is available at www.goloader.com. As a User of the Services, you are accepting the terms of our Privacy Policy.
D. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Game-Xpert does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Game-Xpert does not pre-screen User Content, and has no obligation to do so, but that Game-Xpert and its management will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
E. Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through Game-Xpert third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Game-Xpert does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Game-Xpert does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
3. General Rules
For the benefit of the entire Game-Xpert community, and to comply with applicable laws, we have certain general rules, which Game-Xpert will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by Game-Xpert, you should carefully read and follow them.
A. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
B. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
C. Permitted Use of Content. The content included in the Services, including all Web site Game-Xpert, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by Game-Xpert and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Game-Xpert.
D. Limits on Use of the Services. You agree not to engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, data mine, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any Game-Xpert account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
E. Downloads
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Game-Xpert will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
4. Rights You Grant to Game-Xpert.
A. Account Access. In order to ensure that Game-Xpert is able to provide high-quality services that are responsive to Users' needs, you agree that Game-Xpert representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
5. Children and Mature Content
The Services are not directed to children under the age of 13. Game-Xpert will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Services, please contact us at service@goloader.com
6. Misc. Legal
A. Disclaimer of Warranties. You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Game-Xpert, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "Game-Xpert PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE Game-Xpert PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY Game-Xpert PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Service.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE Game-Xpert PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the Terms of Service, then this Disclaimer of Warranties will override it.
C. Limitation of Liability. YOU AGREE THAT THE Game-Xpert PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE Game-Xpert PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY Game-Xpert PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE Game-Xpert PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Game-Xpert, OR (II) US$100.00.
D. Indemnification. You agree to protect and fully compensate the Game-Xpert Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the Terms of Service by you or any other user of your account (whether or not authorized).
E. Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide Game-Xpert's Copyright Agent the following information:
- an electronic or physical Game-Xpert of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Game-Xpert's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
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By mail:
Game-Xpert
Attn: Legal Department
11 Rancho Circle
Lake Forest,
CA 92630
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By Phone:
562.304.7650
By Facsimile:
562.304.7663
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By email:
service@goloader.com
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F. Miscellaneous. Game-Xpert rights under the Terms of Service may not be waived unless Game-Xpert agrees to such change in writing. The Terms of Service and your account on the Services are personal to you and may not be transferred or assigned without Game-Xpert’s written consent. The Terms of Service is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. Game-Xpert' performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Game-Xpert with respect to such use. If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. The Terms of Service, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services and the Privacy Policy), constitutes the entire understanding between you and Game-Xpert regarding the Services. A printed version of the Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the Terms of Service shall be written in English.
G. Notices. Game-Xpert may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided Game-Xpert with your accurate email address.
Direct questions or notices to Game-Xpert as follows:
Game-Xpert
Attn: Customer Service
11 Rancho Circle
Lake Forest, CA 92630
Email:
service@goloader.com
Telephone:
562.304.7650
Facsimile:
562.304.7663
ARTICLE II. Subscription Terms of Service
Certain Services provided by Game-Xpert require registration and payment (such Services are referred to as the "Game-Xpert services"). The terms and conditions contained in this Article II (the "Subscriber Terms of Service") apply to each subscriber to a Game-Xpert service THE SUBSCRIBER Terms of Service IS IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE Terms of Service, AND THE Terms of Service IN ITS ENTIRETY APPLIES TO EACH SUBSCRIBER. PLEASE READ THE Terms of Service, INCLUDING THE SUBSCRIBER Terms of Service, CAREFULLY PRIOR TO COMPLETING YOUR REGISTRATION FOR A GAME-XPERT SERVICE. BY REGISTERING FOR THE GAME-XPERT SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SUBSCRIBER Terms of Service AS WELL AS ALL OTHER PROVISIONS OF THE Terms of Service. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THE Terms of Service (INCLUDING THE SUBSCRIBER Terms of Service), YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
For questions about Game-Xpert, please email service@goloader.com. Please include your name and username in all correspondence.
1. Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Game-Xpert service account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant Game-Xpert permission to charge your credit card (or other approved facility) to pay for all such charges. The subscription fee will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at Game-Xpert's sole discretion. You may not use transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to make purchases at Games2Drive.com.
Payment must be made by a major credit card accepted by Game-Xpert or PayPal (U.S. dollars only). If Game-Xpert does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your credit card in connection with the Game-Xpert service, and you must refer to that agreement and not the Terms of Service to determine your rights and liabilities as a cardholder. YOU, AND NOT Game-Xpert, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
Game-Xpert RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY Game-Xpert, AFTER AN ONLINE POSTING AT Game-Xpert. Game-Xpert MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL
There shall be no refunds, except in demonstrated cases of credit card fraud (as determined by Game-Xpert at its sole discretion) or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund Game-Xpert incurs certain administrative costs, and that the fees below are a fair and accurate assessment of those costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a "restocking" fee (which also applies to digital products), currently as follows:
- Subscriptions: $5 per charge refunded
- Digital Retail: 10% of the purchase price
3. Termination of Your Subscription. You acknowledge that Game-Xpert, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Game-Xpert service for a variety of reasons, including, without limitation, if Game-Xpert believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service or any other agreement referred to in the Terms of Service. Game-Xpert may also, in its sole discretion, at any time discontinue providing the Game-Xpert service, or any part thereof, with or without notice. You agree that any termination of your access to the Game-Xpert service under any provision of the Terms of Service may be effected without prior notice, and acknowledge and agree that Game-Xpert may immediately deactivate or delete your account and/or bar any further access to the Game-Xpert service. If your account is terminated by Game-Xpert, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that Game-Xpert shall not be liable to you or any third-party for termination of your access to the Game-Xpert service. YOU AGREE AND ACKNOWLEDGE THAT Game-Xpert SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Trial Memberships. Game-Xpert occasionally offers promotional trial memberships to its Game-Xpert services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Game-Xpert service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Game-Xpert service at the standard Game-Xpert service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. For information about canceling your subscription, please send an email to service@goloader.com.
5. Subscriber Information. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Game-Xpert service registration process. You must promptly inform Game-Xpert of any of the following: changes in the expiration date of any credit card used in connection with the Game-Xpert service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify Game-Xpert immediately upon learning of any potential breach of your Game-Xpert service account.
6. Use Restriction. The material on the Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. Game-Xpert spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Services, without express written permission from Game-Xpert. You agree that if you do so, Game-Xpert reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.