Terms of Use

Game Podunk Terms of Use

Last modified: April 2, 2012.

• User Agreement and Changes to Terms

Game Podunk reserves the right to revise this Agreement at anytime without notice. By browsing, interacting, and participating with any of the features made available at www.gamepodunk.com, you, the user, or visitor, has agreed to our Terms of Use. Changes to this Agreement made after your knowledge will still apply and it is ultimately your responsibility, as a registered user or not, to keep updated with our User Agreement as long as you continue to use the site as Service.

Your choice to register at Game Podunk and Service is completely voluntary and you are solely responsible for maintaining the activity, security, and use of your information in your account profile, including any exchange or interaction of content with other users. Game Podunk will not be liable for any loss or damages caused by unauthorized breach to your account by others, including prohibited activities that result from spam, chain letters, unsolicited email, viruses, worms, or other software agents through the site.

All aspects of this Terms of Use are subject to change and Game Podunk reserves the right to interrupt the Service with or without prior notice and will not be liable to you for any delay or interruptions in regards to failure to perform.

• Content Disclaimer

Game Podunk is not responsible for any messages posted by users of the site. We do not vouch or warrant the accuracy, completeness or usefulness of any message, and are not responsible for its content.

The messages expressed on the site are solely the views of the author of the messages, and not necessarily the views of Game Podunk or Invision Power Services, Inc. Anyone who feels that a posted message is objectionable is encouraged to contact us immediately by email at site.admin[at]gamepodunk.com. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.

You agree, through your use of this service, that you will not use this bulletin board to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law. Game Podunk reserves the right to ban your account if we determine that you are in violation of any of these things.

You also agree not to post any copyrighted material unless the copyright is owned by you or by this bulletin board. Game Podunk reserves the right to edit, move, and delete user’s posts for any reason and without warning.

• Prohibited Activities

The following activities under any circumstance are strictly prohibited by all visitors, users, and others who access the site and Service. You agree not to engage or attempt any of the following violations:

• Compromise or Hack the Security of Users or Site
• Disrupt Service to Users or Site (Viruses and Other Software Agents)
• Modification of Code or Service
• Exploitation of Service for Commercial or Non-Commercial Use
• Multiple Accounts or Duplicate User Registration
• Collecting Personal Identification Information of Users or Minors
• Uploading threatening, offensive, or humiliating Content to Others
• Transmitting Unsolicited Email Or Private Messages, Chain Letters, or Spam

• User Contributed Content

When submitting your content to places allowed on our site, not limited to text, images, graphics, videos, audios, and any other known form of media, you expressively agree to grant Game Podunk a perpetual, royalty-free, non-exclusive, sub licensable right to use, reproduce, edit, adapt, print, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and practice all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for a full term of any rights that may exist, for the purpose of use related to this Service.

By submitting your content to Game Podunk, you agree that:

• Your contribution to Game Podunk is guaranteed to be your original work and not defamatory or infringe upon any law. You also represent to grant, and represent the right to grant warrant of your contribution to be made available on Game Podunk for the purposes specified above.
• You indemnify Game Podunk against any sum of legal fees, damages, and other expenses that may be incurred by Game Podunk as a results of your breach to the above warranty and waive any moral rights in your contribution for the purpose of its submission and publication on Game Podunk related to the reasons specified above.
• Game Podunk may choose to offer incentives and compensation to members for the distribution of user content in which the amount of reward will be determined by Game Podunk with the reservation to terminate the offer at any time.

Game Podunk is not liable for any user content that you, others, or third party sends or posts over this Service and you agree that any loss or damage that may occur as a results to using the site is solely your responsibility. You also acknowledge that some user content may be inaccurate or objectionable, and that Game Podunk shall not be liable for any damages you allege to incur as a result of being exposed to such content.

If you see that your copyrighted work has been infringed, submit the following to site.admin[at]gamepodunk.com:

• Electronic or physical signature of a person authorized to act on behalf of the copyright owner
• Identification of what was infringed and the URL of where your copyrighted work is published
• Your name, mailing address, email, and phone number
• Your statement of explanation that the content in question is not authorized by the copyright owner and that under penalty of perjury, the above information is accurate and that you are the copyright owner or the person authorized to act on behalf of the owner.

Under Federal Law, if you knowingly misrepresent online materials to be infringing, you may be subject to criminal prosecution for perjury and civil penalty, including monetary damages, court cost, and attorney fees.

Game Podunk takes no responsibility for any public display or misuse of your content and you expressively relieve Game Podunk from any liability that may arise from such incident.

• Third-Party Links

Occasionally, Game Podunk may provide links to advertisers and third-party websites for events and activities that are not controlled within Game Podunk. You understand that accessing third-party sites are strictly at your own risk and that the privacy policy of Game Podunk will not apply to third-party sites. It is your responsibility to read and understand the privacy policy of third-party sites. Game Podunk is not liable for any loss or damage that you may have incurred from dealing directly on third-party sites. Game Podunk does not warrant, endorse, or take responsibility for product and service advertised by a third party through Game Podunk site and Service.

• Age Requirement / COPPA

Game Podunk is intended for adults at least 18 years of age. If you are under 18, you must obtain approval from your parents or legal guardian before registering. Game Podunk does not knowingly collect information from minors. If you are under the age of 18, have your parents send a letter of consent with an electronic signature to Game Podunk terms and agreement by email to site.admin[at]gamepodunk.com.

• Prize Eligibility

Occasionally Game Podunk may choose to offer game related prizes to registered users. Some of the games shipped may be rated M for mature content. Game Podunk is intended to be used by adults at least 18 years of age. If you are under the age of 18, you must first receive permission and consent from your parents or legal guardian for you to enter, participate, and in the event you win, authorize Game Podunk to ship the prize to you. You understand and acknowledge that you are solely responsible for filing your personal taxes. Game Podunk is not responsible for lost or stolen packages by the mail carrier and reserve the right to not ship out a replacement.

• Privacy Policy and Security

Your privacy and security of your personal information is important and valued at Game Podunk. You have control over what information to send to Game Podunk, but without submitting basic information required for complete registration, some services may be inaccessible to you. To protect your information, Game Podunk has reasonable and proper security measures in place to preserve your information. Protecting account access information such as password is solely your responsibility. In the event personal data and information is compromised, Game Podunk will promptly notify the accounts affected set forth in this Privacy Policy or as otherwise required by applicable law.

You may modify and update your information anytime by making changes to your profile page. Game Podunk does not sell or rent your personal information to others, except in the nature of business transferring of assets due to corporate merger, separation, or divestitures. Game Podunk may also share your information provided to us by you with third parties for the sole purpose of providing service to you. Game Podunk does not knowingly collect information from anyone under the age of 13, and require anyone under the age of 18 to have parents or legal guardian consent before registration.

• No Warranty and Limitation of Liability

The Service provided by Game Podunk is offered “AS IS” and “AS AVAILABLE” without any representation or warranty made to the extent applicable by law, including any implied warranty of quality, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy or that the Service is free of viruses or other harmful components. The use of the Service and content obtained is solely at your own risk and Game Podunk is not responsible for any damage to your computer system or loss of data that resulted from download or links obtained through the use of this Service.

In no event shall Game Podunk, its affiliates, licensors, or employees be liable for loss of content, errors, or omission through interruption of Service that otherwise is available on site.