GameCloud

Introduction

The following terms and conditions govern and administer your use of gamecloudnet.com, the websites of GameCloud Network, LLC herein referred to as “website”; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

We use cookies to improve your website experience. Use of this website constitutes your acceptance of the terms and conditions as well as full consent to gamecloudNetwork.com’s use of cookies in agreement with the terms of this website’s [privacy policy].

License Of Permitted Use Of This Website

Unless otherwise stated, Hatchtag and GameCloud Network, LLC own the intellectual property rights in the website and material on the website. Subject to the license below, all intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your personal use, subject to the restrictions set out below and within these terms and conditions.

You Are In Violation Of U.S. Copyright Law If You:

republish material from this website (including republication on another website);

sell, rent or sub-license material from the website;

show any material from the website in public;

reproduce, duplicate, copy or exploit material on this website for a commercial purpose;

edit or otherwise modify any material on the website;

redistribute material from this website [except for content specifically and expressly made available for redistribution, if any].

You Are In Violation Any And All Applicable Laws If You:

Use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or within this website.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing withoutGameCloud Network, LLC’s express written consent.]

Restricted Access

Access to certain areas of this website is restricted. Hatchtag, Inc. reserves the right to restrict access to areas of this website, or indeed this entire website, at theirs, or GameCloud Network, LLC’s discretion.

If Hatchtag, Inc. and/or GameCloud Network, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other restricted content or restricted services, you must ensure with certainty that the user ID and password are kept confidential.

Hatchtag, Inc. and/or GameCloud Network, LLC may disable your user ID and password in their sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” refers to any and all material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for any purpose.

You grant toGameCloud Network, LLC and Hatchtag, Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to bothGameCloud Network, LLC and Hatrchtag, Inc. the right to sub-license these rights, and the right to bring legal action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or GameCloud Network, LLC or Hatchtag, Inc. or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.

GameCloud Network, LLC and Hatchtag, Inc. reserve the right to edit or remove any material submitted to this website, or stored on Hatchtag, Inc. servers, or hosted or published upon this website.

[NotwithstandingGameCloud Network, LLC rights under these terms and conditions about user content, GameCloud Network, LLC does not undertake nor purport to undertake any monitoring of the submission of such content to, or the publication of such content on, this website.]

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. GameCloud Network, LLC makes no representations or warranties about this website or the information and materials provided on this website.

Without prejudice to the generality of the preceding paragraph, GameCloud Network, LLC does not warrant that:

This website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is intended to constitute, any advice, professional or otherwise. [If you require advice concerning any legal, financial or medical matter you should consult an appropriate professional.]

Limitations Of Liability

GameCloud Network, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;]

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if GameCloud Network, LLC was expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit GameCloud Network, LLC liability in respect of any:

Death or personal injury caused by the negligence of either party;

Fraud or fraudulent misrepresentation on the part of either party; or

The matter which it would be illegal or unlawful for either party to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

Your use of this website denotes your agreement that all the exclusions and limitations of liability set out in this website disclaimer are reasonable.

You must discontinue the use of this website if you do not think that all the exclusions and limitations of liability set out in this website disclaimer are reasonable.

Other Parties

[You accept that, as a limited liability entity, GameCloud Network, LLC have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against GameCloud Network, LLC officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the preceding paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protectGameCloud Network, LLC officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as bothGameCloud Network, LLC.

Unenforceable Provisions

If any provision of this website disclaimer is found to be unenforceable under applicable law, that will not affect the enforceability of any of the other provisions contained within this website disclaimer.

Indemnity

You hereby indemnify GameCloud Network, LLC undertake to keep both parties indemnified against any losses, damages, costs, liabilities and expenses (including and without limitation to legal expenses and any amounts paid by either or both parties to a third party in settlement of a claim or dispute on the advice of either or both parties’ legal advisers) incurred or suffered by GameCloud Network, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches Of These Terms And Conditions

Without prejudice to GameCloud Network, LLC other rights under these terms and conditions, if you breach these terms and conditions in any way, GameCloud Network, LLC may take such action as either or both parties deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

GameCloud Network, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Ensure that you are familiar with the current Terms and Conditions of this website by checking this page regularly.

Assignment

GameCloud Network, LLC may transfer, sub-contract or otherwise deal with GameCloud Network, LLC rights and obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and unenforceable, the other provisions will effectively continue. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and GameCloud Network, LLC, about your use of this website, and supersede all previous agreements in respect of your use of this website.

Laws And Jurisdiction

These terms and conditions will be governed by and construed in accordance with United States Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of California, in the United States of America.