Last Updated: October 10, 2012
1. GENERAL INFORMATION; ACCEPTANCE OF TERMS
Welcome to Game Nutt (“Site”). We are glad You (“You,” “Your” Or “User”) have decided to join our gaming community. We look forward to Your involvement with our Site, and the games Sweet Gamer, LLC (“We”, “Us”, Or “Company”) offer. Before You begin delving into the vast services and content available on our Site, please take a moment to review these Terms and Conditions, which represent an agreement between You and the Company, owner of the Site. It is important that You understand both the benefits We provide, as well as the rules which apply to Your use of the Site. Our goal is to make the Site a friendly and fair place for all of our gaming users.
Game Nutt is a very popular gaming site sponsored by a free Game Center Application and/or Game Toolbar (“Software”), both offering the opportunity to play fun free games from our unique library of casual flash games designed and developed by some of the best game developers in the world. Our members play completely for free and are encouraged to come back often. In addition to our Software, you will or might be shown Optional Promotional Software from our partner (the “Offers”).
2. SPECIFIC CONDITIONS AND OBLIGATIONS
2.1 Eligibility. To play games offered on the Site and/or Software, You must be a natural person, at least 13 years old. If You are located in any jurisdiction which imposes additional restrictions on eligibility, You are bound by those restrictions as well.
2.2 Acknowledgment of Proprietary Rights. By playing a game offered on the Site and/or Software, You acknowledge that all information, content and materials contained on the Site and/or Software (in any form or media, the “Site Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by Us, Our content suppliers or licensors, or by other individuals whose games have been submitted to the Site. Except for third party materials which are in the public domain, You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Site Materials.
The trademarks, logos, and service marks (whether or not registered, collectively the “Trademarks”) displayed on the Site, including the names of all games, are Trademarks of Ours and/or third parties. You have no right to Use the Trademarks in any way and nothing contained on the Site should be construed as granting to You, by implication or otherwise, any license or right to Use any Trademark without Our written permission or the written permission of the third party that owns the Trademark. You are hereby advised that We are prepared to aggressively enforce Our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that any Site Material is infringing such party’s intellectual property rights and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.
The games offered on the Site include both games owned by Us and games submitted to the Site by Users and other third parties. Each party submitting a game is required to represent and warrant to Us that the submission of the game and its use on the Site will not violate any copyright or other right of any party. If, You believe that a particular game or other content on the Site violates Your copyright or that of a party You are authorized to speak for, please follow the notification procedure by contacting support@GameNutt.com.
2.3 Submissions and Transmissions. Any communication or material You transmit to the Site and/or Software by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary, including any emails sent to support@GameNutt.com. Anything You transmit may be used by Us or Our affiliates or partners for any purpose, including, but not limited to, reproduction, disclosure, further transmission, publication, broadcast and posting. Furthermore, We are free to Use any ideas, concepts, know-how or techniques contained in any communication You send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, without any compensation to You.
2.4 Upgrades. We and Our partners reserve the right to add at any time additional features or functions to, or release new versions of, the Site, and/or the Software, and/or the Offers that You download from Us (any such new features, functions or versions, “Upgrades”). The terms of this agreement shall apply equally to any Upgrades.
3. PROHIBITED ACTIVITIES
3.1 Prohibited Activities.You agreed that You shall not and shall not attempt to:
- Gain unauthorized access to the Site’s systems and/or Software,
- Interfere with procedures or performance of the Site and/or Software,
- Deliberately damage or undermine the Site and/or Software,
- Play a game offered on the Site and/or Software by means of automatic, macro, programmed, or similar methods,
- Commit fraud with regard to the Site and/or Software.
Your violation of any of the terms of Section Three may result in Your civil and/or criminal prosecution.
4. LIMITATION ON LIABILITY; INDEMNIFICATION
4.1 General Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PARTNERS, OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND AND BASED ON ANY THEORY OF LAW, EQUITY, CONTRACT, TORT OR OTHERWISE ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE SITE OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
4.2 No Warranty. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE SOFTWARE ARE AT YOUR OWN RISK. THE SITE AND THE SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT AND FREEDOM FROM VIRUSES, AND ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
Without limiting the foregoing, but to be clear, We neither warrant nor represent that Your Use of Site Materials will not infringe rights of third parties.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
4.3 Damage CaUsed by Third Parties. You agree that We are not responsible for, and We expressly disclaim any liability for, any damage, loss, or injury You may incur as a result of actions taken by other parties who access or Use the Site, the Software, or Site Materials, including, without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Site and/or Software.
4.4 Indemnification. By playing any game offered on the Site and/or Software, You hereby agree to indemnify, defend, and hold Us and Our partners, affiliates and their employees, officers, directors, members, agents, content providers, licensors, licensees, distributors, and agents harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by all or any such parties in connection with any claim arising out of any breach by You of these Terms and Conditions.
4.5 Changes to Site and/or Software. You understand that We reserve the right to change the content of the Site and/or Software at any time, including adding, deleting or modifying games and You agree that We shall have no liability to You or anyone else claiming through You as a result of implementing Site changes.
5. MISCELLANEOUS PROVISIONS
5.1 Uninstall Software. If You do not agree to accept and comply with any provision of these Terms and Conditions, or any amendment made by Us to these Terms and Conditions, You must immediately terminate Your use of the Site. If You have downloaded the Software You must immediately uninstall the Software. You may uninstall the Software by going to Uninstall Page and following the directions there to remove the Software from Your computer, or by selecting the appropriate entry in Your Control Panel Using the “Add or Remove Programs” icon.
5.2 Governing Law and Disputes. These Terms and Conditions will be governed and construed in accordance with the laws of the State of Wyoming, irrespective of any principles of conflicts of law. If You have a dispute with respect to the Site, We ask that You please contact Us to resolve the same before bringing the matter to an outside tribunal. The sole and exclusive venue for disputes arising hereunder which are not settled by the good faith efforts of the parties shall be in courts of competent jurisdiction in Wyoming, and You hereby submit to and irrevocably waive all objections to such venue, including the defense of forum non conveniens; provided, however that You and We each reserve the right to seek temporary injunctive relief to preserve Your or Our intellectual property rights (and in the case of Us, the intellectual property rights of Our vendors and business associates as well) in any court of competent jurisdiction in the United States.
5.3 Entire Agreement. These Terms and Conditions, in connection with the other User obligations and rules detailed in writing on the Site and the rules and conditions detailed on our EULA agreement, constitute the entire agreement between You and Us with respect to Your use and access to the Site and/or Software, and can only be modified by Us as set forth above with respect to Amendments.
5.4 Severability. If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
Official Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Odds of winning will depend on the total number of entries received. Void where prohibited by law.
1. ELIGIBILITY: Game Console Sweepstakes (the “Promotion”) is open only to natural persons who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and Canada (excluding the province of Quebec) and who are eighteen (18) years of age or older as of the beginning of the Promotion Period (as defined below). The Promotion may only be entered in or from the U.S. or Canada (excluding Quebec). Entries originating from any other jurisdiction will be disqualified. Employees of the company (“Sponsor”), affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, directors, and officers, and each of their immediate family members and persons living in their same household (whether legally related or not), are not eligible to participate in the Promotion or win a prize.
2. HOW TO ENTER: Promotion begins on Dec 1, 2012 on and ends on Nov 31, 2013 at 1:00 pm ET (the “Promotion Period”). There are two (2) separate ways to enter the Promotion during the Promotion Period: (i) Online Entry: Go to the Promotion registration page located at The Game Console (the “Web Site”). The Game Console will contain a description of the Promotion and the official entry form. Complete the entry form with entrant’s first and last name, e-mail address, country, zip code and click on the “Submit” button. Entrant must complete the entry form with all required information for the entry to be eligible. Entrants who are not currently subscribers to the Sponsor’s e-Newsletter subscribe on the Promotion entry form. Subscribers may receive Game Console news, sweepstakes announcements. Subscribers may unsubscribe at any time. Limit one (1) entry per person regardless of method of entry. With regard to online entries, in the event of a dispute about the identity of an entrant, each entry will be declared made by the registered account holder of the e-mail address submitted at time of entry, as long as that person meets all other eligibility requirements in these “Official Rules”. The registered account holder is deemed to be the natural person who is assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any winning entry, the winner may be required to provide Sponsor with proof that the person is the registered account holder of the e-mail address associated with the winning entry. No third party entry or entry through a sweepstakes service is permitted. Only eligible entries actually received in compliance with the Promotion Period, will be included in the drawing for prizes. For purposes of these Official Rules, “receipt” of an online entry occurs when Sponsor’s servers record the entry information upon entrant’s clicking on the “Submit” button or when the Sponsor receives the entrant’s entry form at the address above. Any automated computer receipt (such as a “thank you” message or one confirming delivery of entry) does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules. No automatic, programmed, robotic or similar means of entry are permitted and Sponsor reserves the right to disqualify any individual using such a method. (Canadian residents should refer to Section 5 below about the need to correctly answer a skill-testing question before being declared a winner). All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Failure to comply with these Official Rules may result in disqualification from the Promotion. The Web Site’s database clock with be the official time keeper for this Promotion. Only one entry per person regardless of method.
3. PRIZES: One (1) Grand Prize winner will receive one (1) $50 Amazon Gift Card. The odds of winning depend on the total number of eligible entries received. The prizes must be accepted as awarded and entrants hereby acknowledge that Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including, without limitation, to the prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The prizes are not transferable or redeemable for cash or exchanged for any other goods. The stated value of the prizes are based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. The winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. Unclaimed prizes will be forfeited.
4. SELECTION OF WINNERS: Winners will be selected in a random drawing on the last day of each month, from among all eligible entries by Sponsor or a representative selected by Sponsor, whose decisions are final in all matters relating to this Promotion. Eligible entries are those in which all required fields have been completed correctly and otherwise comply with these Official Rules. Sponsor reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.
5. WINNER NOTIFICATION: All potential winners will be notified via email or by telephone, within approximately thirty (30) business days after the potential winners are selected. “Notification” is deemed to have occurred immediately upon sending of an e-mail or placing of the phone call. In order for a potential winner to claim their prize, the potential winner must respond within ten (10) business days of Notification and may be required to sign and return an Affidavit of Eligibility and Liability Release and a Publicity Release (where legal), and any other additional documents required by Sponsor (the “Required Documents”) within ten (10) days of date of Notification. In the event a potential prize winner is under the age of majority, Required Documents must be signed and returned by minor’s parent or legal guardian prior to the awarding of prizes. Failure to comply within this time period, or if prize notification or prize is returned as non-deliverable or not returned properly executed, or if winner is found to be ineligible, or not in compliance with these Official Rules, will result in the potential winner forfeiting the prize and being disqualified and an alternate potential winner being selected from among remaining eligible entries. Any potential winner who is a resident of Canada must correctly answer a mathematical skill testing question in order to claim a prize. If the potential winner is a Canadian resident and the question is answered incorrectly, the prize will be forfeited.
7. GOVERNING LAW / DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants’, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Los Vegas, Nevada in any action to enforce (or otherwise relating to) these Official Rules or relating to this Promotion. BY ENTERING THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8. WINNERS LIST: To obtain the names of the winners, please contact the email provided on the “About” section before Nov 31, 2013.
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