ACCEPTABLE USE POLICY FOR INTERNET SERVICES (AUP)

Terms and Conditions

Acceptance of Terms and Conditions of Service

By your use of Gamewood’s Internet Services (the “Services”), you agree to all of the terms, conditions and policies set forth herein (the “Gamewood Policies”).  Gamewood Technology Group, Inc. (“Gamewood”) reserves the right in its sole discretion to revise the Gamewood Policies at any time without your prior notice or consent.  Your continued use of the Services subsequent to the posting on this website of any modifications to the Gamewood Policies shall constitute acceptance of those modifications.

Acceptable User Conduct

You agree to utilize the Services in a responsible, lawful and appropriate manner, including but not limited to compliance with the following User Conduct Rules:

  1. You must be 18 years of age or older.  You accept and assume full responsibility for the use of the Services by any minor who has access to your account.

  2. You assume full responsibility and liability for any and all damages arising from your use of the Services or from the use of your Gamewood account by any third party.

  3. You cannot use the Services for any unlawful, tortious, threatening, obscene, vulgar, abusive, libelous, defamatory, harassing, fraudulent or otherwise inappropriate activities or communications, including the transmission, distribution or storage of material in violation of any applicable state, local, federal or foreign law or regulation.

  4. You cannot use the Services to victimize, degrade, intimidate or harass any individual or group, whether on the basis of race, creed, color, religion, gender, age, disability or otherwise.

  5. You cannot use the Services in such a way as to infringe on any trademark, patent, copyright or any other proprietary right of another.  You agree that you will not use the Services to publish, post, distribute or disseminate another’s proprietary information, including trademarks, trade secrets or copyrighted information, without the express authorization of the rights holder.You understand and agree that Gamewood reserves the right to immediately remove (with or without terminating your account) any material or information which infringes another’s property rights.

  6. You cannot use the Services to engage in unsolicited or unauthorized advertising, junk e-mail or bulk e-mail (commonly known as “spamming”) or unauthorized solicitation of any type, including the use of a third party service to send spam or to divert others to a site hosted by Gamewood.  This rule applies whether the activity is done by you or by a third party, and regardless of whether or not such third party is under your direction or control.  You cannot use the Services to transmit or distribute any communications or materials related to any financial or other scams, including but not limited to, Ponzi schemes, pyramid or chain letters, or any type of gambling or lottery.

  7. You cannot use the Services to distribute or facilitate the distribution of software or computer viruses, Trojan Horse programs, logic bombs, worms, messages intended to control the recipient’s computer or display screen, or any codes, programs or files designed to disrupt or limit the functioning of computer equipment or software.

  8. You cannot use the Services to access or attempt to access another person’s account or to obtain unauthorized access to third party data or information.

  9. You must exercise due diligence in preventing any unauthorized third party from using your Gamewood account. Failure to exercise such due diligence shall render you responsible for the actions of such unauthorized third party.

  10. You cannot take any action to defeat or disable any functionality of the Services, or that alters the look or functionality of Gamewood’s website or user interface.  This includes, without limitation, any altering or blocking of any advertisement, banner or promotional material appearing on Gamewood’s website or accessed through the Services.

  11. Any violations of Gamewood’s system or network security are strictly prohibited including, but not limited to, (a) any attempt to compromise the security of any Gamewood account or website; (b) any alteration of email headers or other activities designed to deceive or mislead or to conceal your email address so as to prevent others from responding to your emails; (c) interference with service to any user or service provider including, without limitation, mail or news bombing, flooding, overloading a system, broadcast attacks, disrupting chat channels or newsgroups, or placing false bids on auction sites; (d) use or distribution of tools designed to compromise security of any system or network including, without limitation, cracking tools, banner blockers, network probing tools, password or credit card probes or decryption devices; (e) transferring excessive amounts of data through Gamewood’s network; (f) misuse or abuse of account access or passwords; and (g) reselling any part or aspect of the Services.

Links to Third Party Sites

If you use the Services to link to other sites on the Internet, you acknowledge that Gamewood has no control over and is not responsible for the legality or content of those sites.

Right to Monitor and Remove Content

Gamewood shall have the right to access and modify your account, including any conduct, communication or content, as deemed necessary or appropriate in Gamewood’s sole discretion to ensure compliance with the Gamewood Policies.  Gamewood shall not be responsible for any delay in or failure to take such action under this provision.

Use of Third Party Networks, Services or Software

If you use or access any third party network, website, software or other services, you shall abide by the rules, regulations and user policies of such third party.

System Downtime

Gamewood makes reasonable efforts to keep the Services functional at all times and to minimize system downtime; however, you shall not be entitled to any rebate or discount, in part or in whole, of any fees paid or owed to Gamewood as a result of any such system downtime.

Disclaimer of Warranties

INFORMATION AVAILABLE THROUGH GAMEWOOD’S INTERNET SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  GAMEWOOD DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GAMEWOOD BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT OR TORT, EVEN IF GAMEWOOD HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.  FOR JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF DAMAGES, THIS PROVISION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Gamewood and its officers, employees and directors from all liabilities, claims, injury, damages, or loss (whether direct, indirect, special, incidental, consequential, or of whatever other nature), including attorneys’ fees, which arise from your use or misuse of the Services.

International Use

Gamewood makes no representations or warranties regarding the appropriateness or availability of the Services in locations outside of the United States.  Accessing sites via the Services from locations where the content of such sites is illegal is prohibited.  You shall assume sole risk and liability for compliance with foreign laws.

Applicable Law

The Gamewood Policies shall be governed and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claims or actions that arise out of or relate to the Gamewood Policies or your use of the Services shall be filed only in the state or federal courts of the Commonwealth of Virginia.  You further agree to submit to the exercise of personal jurisdiction of the courts of the Commonwealth of Virginia for purposes of any litigation of such claims or actions.

Severability

If a court of competent jurisdiction deems any part of the Gamewood Policies to be invalid or unenforceable, that part shall be construed consistent with applicable law to provide as closely as possible the original intention of provision, and the remaining provisions under this Agreement shall remain in full force and effect.

Entire Agreement

The Gamewood Policies and the Internet Access Subscription Form and Fee Schedule contain the entire agreement and understanding between you and Gamewood with respect to your use of the Services and supersede all prior understandings and agreements of the parties with respect to the subject matter hereof.

Cooperation

Gamewood will cooperate with federal and state officials in investigating unlawful behavior in connection with any use or misuse of the Services.  You hereby agree that Gamewood may preserve any content and may disclose such content as may be required by law or as may be reasonably necessary to (1) comply with legal process; (2) enforce the Gamewood Policies; (3) respond to any claims that such content violates the rights of other parties; or (4) protect the rights, property or safety of Gamewood, its customers or the public.

Termination and Other Legal Remedies

Gamewood reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Services, with or without notice, to bill you for any administrative costs or damages caused by a violation of these policies, and to bring legal action to enjoin violations and/or collect damages and attorneys fees related to any violations of these policies.