Welcome to GamingUncut.com!
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
2. Intellectual Property; License
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. GamingUncut.com will retain all right, title, and interest in and to the Services and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Services and Content. You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in Section 2(a) or otherwise expressly authorised by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Services or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Services or Content; license or sublicense any part of the Services or Content; or in any way exploit any part of the Services or Content. In addition, except as provided in Section 2(a) or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
a. Viral Distribution
We may expressly authorize you to redistribute certain Content on a personal, non-commercial basis. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by share links). We may revoke this authorisation at any time. If you redistribute such Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
3. Legal Complaints
GamingUncut.com respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please contact us. If you have a legal complaint other than a copyright claim also contact us.
4. User Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to GamingUncut.com and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions. We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services
- The User Submission may still exist in our backup copies, which are not publicly available.
- If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
- We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.
5. Third-Party Content
6. Acceptable Use
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
- Access the Services using any interface other than ours;
- Maintain any link to the Services that we ask you to remove, in our sole discretion;
- Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the GamingUncut.com or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
- Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
- Interfere with others using the Services or otherwise disrupt the Services;
- Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and GamingUncut.com;
- Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
- Access any portion of the Services that we have not authorised you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
7. Access to Services and Accounts
We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:
- Change or discontinue the Services;
- Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
- Remove Content from the Services;
- Restrict, suspend or terminate your access to one or more Services or features thereof; and
- Deactivate your accounts and delete all related information and files in your accounts.
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If GamingUncut.com terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will refund a prorated portion of the applicable subscription fee corresponding to the portion of the paid subscription period for which our action caused you not to have access to the relevant Service. If GamingUncut.com terminates your access to a paid Service because you breached these Terms, you will not be entitled to any refund.
You will defend, indemnify and hold harmless GamingUncut.com, its affiliates, and their respective Founders, officers, employees, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns with respect to all third party claims, costs (including Solicitors fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorised by you, and claims arising from User Submissions). GamingUncut.com retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this prior written approval.
9. Disclaimers; Limitation of Liability
GamingUncut.com parties do not warrant: (1) that the services, any of the services’ functions or any content will be uninterrupted or free of errors or omissions; (2) that defects will be corrected; (3) that the services or the servers hosting them are free of viruses or other harmful code; or (4) that the services or information available through the services will continue to be available. The GamingUncut.com parties shall have no liability for any such issues. GamingUncut.com disclaim any express or implied warranties, including, without limitation, noninfringement, merchantability, fitness for a particular purpose, title, and as to quality, availability and subject matter of content. The services, including all content and functions made available on or accessed through or sent from the services, are provided “as is,” “as available,” and “with all faults.” your access to and use of the services (including their functions and content) is at your risk. If you are dissatisfied with the services, your sole and exclusive remedy is to discontinue accessing and using the services. The GamingUncut.com parties will not be liable for any failure or delay in their performance due to any cause beyond their reasonable control, including acts of war, acts of god, acts of third party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the internet or computer equipment. The GamingUncut.com parties will not be liable to you or anyone else for any special, indirect, incidental, exemplary, punitive or consequential damages in connection with the services (including their functions and content), your use of the services (including their functions and content), these terms or your user submissions, even if foreseeable or even if one or more of the GamingUncut.com parties has been advised of the possibility of such damages (including, without limitation, whether caused in whole or in part by negligence, gross negligence, or otherwise, but excluding willful misconduct). In no event will the GamingUncut.com parties’ liability for other damages exceed the amount paid by you to GamingUncut.com for access to the relevant service. You acknowledge and agree that if you incur any damages that arise out of the GamingUncut.com parties’ acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting operation of the services or any other service, property, product, program, television show, motion picture, or other content owned or controlled by the GamingUncut.com parties.
If you have any dispute relating to the Services or these Terms please contact us.