PLEASE READ THESE TERMS OF USE AND Secret Keeper+’s PRIVACY POLICY LOCATE BEFORE USING ANY Secret Keeper+ WEBSITE, APPLICATION OR ANY OF THE GSN COMMUNITY FEATURES.  PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

 

SECTION 1 – GENERAL INFORMATION

 

1. – TERMS OF USE Binding

 

The TERMS OF USE ("Terms") you are reading are a legally binding agreement that governs the relationship between Secret Keeper+ Ltd. ("Secret Keeper+ ") and yourself ("you"). By accessing or using Secret Keeper+’s Services you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

 

1.2 – Changes to the Services and/or TERMS OF USE

 

Secret Keeper+ reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services, these TOS, or the Other Policies, in whole or in part, at any time. When Secret Keeper+ amends these TOS, it will revise the “last updated” date located at the bottom of these TOS for an amount of time that we determine in our discretion. For material changes to these TOS, Secret Keeper+ may notify you by displaying a notice when you first use the Services after such changes have been made.  We may also, at our discretion, provide notification of changes by other means.  If you use the Services in any way after these TOS or Other Policies have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on the Website and will supersede all previous versions of these TOS.

 

1.3 – User Content

 

You agree that any content published by you through the Service is done so through the use of technology and tools provided by Secret Keeper+. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Secret Keeper+ You grant Secret Keeper+ the right to act as an agent on your behalf as the Service’s operator.

 

1.4 – Account Termination / Prohibited Access

 

Without limiting any other remedies, Secret Keeper+ may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Secret Keeper+’s Terms, illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), Secret Keeper+’s games, or Secret Keeper+’s intellectual property as determined by Secret Keeper+ in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of Secret Keeper+ for any damage that may result from the foregoing, and Secret Keeper+ is under no obligation to compensate you for any such losses or results.

 

SECTION 2 – INTELLECTUAL PROPERTY

 

2.1 - Intellectual Property (IP) Ownership

 

Secret Keeper+ retains all rights in the Service materials (including, but not limited to, any games,  applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, personalized avatar,  recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) are copyrighted works owned, controlled or licensed by Secret Keeper+. The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Secret Keeper+ reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and Secret Keeper+’s names, logos, trademarks, brands or service marks (“Trademarks”) used with the Service and are owned or licensed by Secret Keeper+. You may only use the Service Materials in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Service Materials may not be used by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. Any unauthorized use by you of the Service Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

 

You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code, copy, transfer, create derivative works from, assign, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, grant a security interest, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Secret Keeper+ 's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. Anything you transmit or post may be used by Secret Keeper+ for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Secret Keeper+ is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Secret Keeper+ for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Secret Keeper+. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks or Service Materials without our written consent.

 

Secret Keeper+ and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.

 

2.2 - Copyrights Notices

 

Secret Keeper+ respects the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied in the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

 

a physical signature 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 in the Services;

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 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 in the copyright or intellectual property owner's behalf.

 

SECTION 3 –DISCLAIMER DF WARRANTY;LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES, SHALL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNITY FEATURES, THE SERVICES MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE SECRET KEEPER+ TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

 

SECTION 4 – ADDITIONAL TERMS

 

If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of Secret Keeper+. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect.