PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY, WHICH TAKES EFFECT IMMEDIATELY THE MOMENT YOU ACCESS THE SITE OR USE THE TOOLS OR SERVICES HEREIN:
By i) using the website(s), ii) purchasing any products or services from 8Cell, Inc., dba Trey Smith Marketing and dba GameAcademy.com ® (hereafter “COMPANY” or “we”), iii) or utilizing any of the products or services from COMPANY through the website(s), you are deemed to have agreed to these Terms and Conditions. You are further prohibited from using, without our expressed written permission, any robot, spider, scraper or other automated means (“Scraping”) to access our Site, Services, and/or System we make available and you are prohibited from copying, modifying, or distributing any information, rights, or content, including our copyrights and trademarks, from our Site, Services, and/or System.
COMPANY reserves the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from COMPANY, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use the websites.
Table of Contents
THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER COMPANY NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER COMPANY NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION, EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
COMPANY does not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
I. GENERAL TERMS & CONDITIONS
(a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.gameacademy.com ® as well as any of its sub-domains and related domains such as www.treysmithstuff.com, www.treysmithblog.com (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
(b) Restrictions on Use
The contents of the Website(s) are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Website(s) only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website(s). Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Website(s).
You must abide by all additional copyright notices or other restrictions contained in any of the Website(s).
You agree not to do any of the following while using the Website(s):
- harass, stalk or otherwise abuse another user;
- transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
- upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site;
- impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- violate any applicable local, state, federal or international law, rule or regulation.
These Terms and Conditions apply only to the Website(s), and not to the sites of any other companies or organizations, including those to which the Website(s) may link. COMPANY is not responsible for the availability of any other site to which the Website(s) links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster. Other sites may link to the Website(s) only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website(s). To seek our permission, you may send e–mail to email@example.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link the Website(s), at our discretion at any time.
(d) Limitations to Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE(S), OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE WEBSITE(S).
(e) No Personal Advice
The information contained in or made available through the Website(s) (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Website(s) (including but not limited to any product or service purchased, utilized or otherwise obtained from the Website(s)). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
(f) Parental Permission; Minimum Age Requirement
the Website(s) are not directed to persons under the age of 13. The sale of any of the Website(s) products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE WITH THEIR CHILDREN IN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Website(s) to be over 13 and all purchasers of COMPANY’S products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Website(s). If you are accessing the Website(s), you represent that you are at least 13 years of age. If you are purchasing any of the products or services of COMPANY, you represent that you are at least 18 years of age.
(g) Membership Fees
We reserve the right to charge fees, surcharges and/or membership fees for all or any of COMPANY’s services currently provided for free at any time upon thirty (30) days’ prior written notice to you.
All content included on the Website(s), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of COMPANY or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website(s) is the exclusive property of the COMPANY and protected by U.S. and international copyright laws.
The COMPANY’s name and other COMPANY logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of COMPANY or its affiliates in the U.S. and/or other countries. COMPANY’s trademarks and trade dress may not be used in connection with any product or service that is not COMPANY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the COMPANY. All other trademarks not owned by the COMPANY or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the COMPANY or its affiliates.
(j) Contacting Us
The Company’s physical address and phone number is
dba Trey Smith Marketing
and/or dba GameAcademy.com ®
7660 Fay Ave, H373
La Jolla, CA 92037
You can reach our customer support by submitting a cancellation request via www.treyhelpdesk.com, or by emailing us as firstname.lastname@example.org.
Privacy matters can addressed to us by emailing us at email@example.com.
For cancellation of a subscription, submit a cancellation request email to us.
II. USER PUBLIC FORUM SUBMISSION/PARTICIPATION POLICY AND TERMS
As a service to our users, the Website(s) may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons. Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. COMPANY has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
(b) Your Participation/Contribution Requires Consideration
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the COMPANY specifically notes otherwise (such as in regard to the rules for a particular forum).
(c) Confidential Obligations
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringes or violates any rights of any party. Further, you may have entered into an agreement with COMPANY that requires you to maintain the confidentiality of certain material or information of COMPANY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which COMPANY has required you to preserve as confidential.
(d) Grant of Rights
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of COMPANY or other information you are required to preserve as confidential by COMPANY, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted COMPANY, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
(e) No Obligation to Monitor
COMPANY does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COMPANY’s sole discretion.
(f) No Obligation to Remove
COMPANY is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with COMPANY with differing terms or COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
(g) No Endorsement
COMPANY does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
(h) Company’s Right to Act
If COMPANY discovers communications which allegedly do not conform to any terms and conditions of this Site, COMPANY may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. COMPANY will have no liability or responsibility for performance or non-performance of such activities. COMPANY reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which COMPANY has absolutely no control.
III. SPECIAL NOTES WITH REGARD TO PRODUCT AND SERVICE PURCHASES
(a) Shipping Methods
Products shipped by 8Cell, Inc. (“COMPANY”) may be shipped by UPS Standard or by any other method at the discretion of COMPANY. A shipping charge will be imposed.
- All orders require at least 24-48 hours processing time before shipping.
- COMPANY does not process orders during weekends.
- No deliveries will be made on Saturday or Sunday.
- COMPANY does not guarantee same day shipping.
- All orders shipped within CA will be charged sales tax.
- Exact delivery times to any location cannot be guaranteed.
(b) Sales Tax
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within California will be charged applicable sales tax according to your area’s tax rate.
(c) Duty Tax
Orders shipped to PR will have a 6.6% duty tax applied. Exact delivery times to PR cannot be guaranteed.
(d) Product listings
COMPANY strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, COMPANY shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from COMPANY are provided as resources to customers looking for additional information and/or professional opinion. COMPANY does not assume responsibility for the claims and/or representations made on these or any other websites.
(e) Product Revisions
COMPANY is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases COMPANY acts as a distributor for others. In the interest of our customers, COMPANY puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, COMPANY relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, COMPANY will not be held responsible for product revision changes.
IV. PRODUCTS AND SERVICE PURCHASE AGREEMENT
By accepting delivery of any product or service delivered from COMPANY, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and COMPANY agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and the COMPANY. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from COMPANY.
(a) Product Issues
ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICES EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, CEASE TO FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
(c) LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
(d) Customer Agreed to Restrictions, Obligations and Limitations
Confidentiality and Limited Use: Customer acknowledges that the products and services sold by COMPANY are the confidential and proprietary information and property of COMPANY. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COMPANY by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of COMPANY, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of COMPANY, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from COMPANY. Anyone viewing or otherwise utilizing the products of COMPANY by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that COMPANY discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by COMPANY remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from COMPANY.
(e) Terms & Conditions Specific to The “INFO MARKETING MONTHLY”, “PLATINUM”, “PLATINUM PLUS” or any other Subscription Product.
By providing your credit card and other information, agreeing to the Terms and Conditions, and hitting the “Purchase” button displayed on www.treysmithstuff.com, www.jumppackstory.com, www.gameacademy.com ® or www.treysmithblog.com, you are purchasing a subscription to “App Elite 2?, “Platinum Plus Monthly”, or any other Subscription Product, and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription.
(f) Limited Use License
The Website(s), software, product and services offered herein are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Your rights to use the Game software (the “Software”) are defined in and subject to the terms and conditions of the Game End User License Agreement (the “EULA”) which will be provided upon access to the link, which is incorporated herein by reference, in addition to this Agreement. The Website(s), the Game, the Software and any other products and services, if any are made available (collectively, the “Properties”) are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by 8Cell, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Properties.
1). Intellectual Property
All rights and title in and to the Properties, and all content included therein (including, without limitation, user Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, and methods of operation) are owned by 8Cell, Inc. or its licensors. The Properties, and all content therein are protected by United States and other international intellectual property laws. 8Cell, Inc. and its licensors reserve all rights in connection with the Properties, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by 8Cell, Inc. Additionally, except as otherwise set forth in this Agreement, 8Cell, Inc. does not authorize you to make any use whatsoever of any trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, the ” 8Cell, Inc. Marks”) under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
Except for the license expressly granted, 8Cell, Inc. reserves all rights, title, and interest in the Marks and all other intellectual property, and does not authorize you to display or use such in any manner, including but not limited to use on websites, on blogs, in forums, in signatures, on products, or in printed or electronic publications.
2). Unsolicited Idea Submissions
8Cell, Inc. values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials. Neither 8Cell, Inc. nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to 8Cell, Inc. or its employees and/or contractors. This policy is aimed at avoiding potential misunderstandings or disputes when 8Cell, Inc. products or services might seem similar to Unsolicited Ideas that are submitted. If you do submit your Unsolicited Ideas to 8Cell, Inc. or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant 8Cell, Inc. and its designees a worldwide, perpetual, irrevocable, transferable, assignable, non-exclusive and royalty-free right and license to use, sublicense, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to 8Cell, Inc. as specified above are valid, effective and enforceable. You also give up any claim that any use by 8Cell, Inc. and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
(h) Website Users’ Representations And Warranties
(a) All information you provide to us is complete, accurate and you will update your information within ten (10) calendar days after it becomes inaccurate; (b) you will not directly or indirectly infringe the legal rights of third parties or our Licensed Materials; none of your agreements with us are entered into in bad faith and none of the information or documents you provide to us contain fraudulent or otherwise inaccurate information; (c) you aware of all legal requirement necessary for use of this Site and information you provide to us regarding your age and felony convictions meet all legal requirements for use of this Site; (d) you have the right to grant us all the rights granted herein any Materials submitted by you are owned by you and are not owned by or exclusively licensed to any other person or entity; that any the Materials submitted by you, the creation of such Materials, and the use of those Materials, do not violate any law or regulation and do not infringe the rights of any person or entity, including, but not limited to, any copyright and/or rights of privacy or publicity; (e) you are not a Competitor; (f) you are using the site non-commercially, for your own personal use relative to services and products being offered; (g) you are not copying from, using, or accessing any information on, the Site, Services, or System, via Scraping or by any other method, for any purpose not expressly authorized herein (unauthorized copying from, use of, or access of the site includes, but is not limited to, any copying, use, or access done with the intent of providing any Information to any Competitor or potential Competitor); (h) you will not be using any unauthorized third party programs, including but not limited to “mods,” “hacks,” “cheats,” “scripts,” “bots,” “trainers,” and automation programs, that interact with the Software and or website in any way, for any purpose, including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between the Software and this Site and any unauthorized third party programs that collect information about the software offered by the Site, by reading areas of memory used by the Software to store information relative to this Site or any program offered by this Site; (i) and you will not be transmitting or facilitating the transmission of any content that contains a virus, corrupted data, trojan horse, bot keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
(i) Scraping Forbidden
Notwithstanding any other provision in this Agreement, you acknowledge and agree that: (a) any violation of the Scraping provisions (§§ 2.2.5, 10.1.9), above, is per se an unauthorized access within the meaning of 18 U.S.C. § 1030 (an “Access Violation”) and other similar federal and state laws; (b) we are not obligated to provide, and will not provide, any notice or period in which to cure any Access Violation breach of this Agreement; (c) any Access Violation shall obligate you to pay us liquidated damages of five thousand dollars ($5,000); (d) you acknowledge and agree that, notwithstanding any other provision herein, any Access Violation would cause irreparable harm for which damages are an inadequate remedy, and that therefore we shall be entitled, in the event of any Access Violation, to specific performance and injunctive or other equitable relief, without bond, in addition to all other remedies available at law; and (e) the five thousand dollar ($5,000) loss requirement of 18 U.S.C. § 1030 shall be waived for the purpose of any civil action we elect to bring against you.
(j) General Terms and Conditions
Payment Terms; Orders:
An order is not binding upon COMPANY until it is accepted; COMPANY must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with COMPANY. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any product will include shipping and handling charges shown on the COMPANY invoice.
When addressing financial matters in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.
Risk of Loss:
COMPANY will arrange for shipment of ordered product(s) to you, the customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to you upon delivery to the carrier. COMPANY reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow COMPANY to sign appropriate documents on your behalf to permit COMPANY to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. COMPANY will advise you of estimated shipping dates, but COMPANY will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between COMPANY and yourself shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. COMPANY and you consent to the exclusive jurisdiction and the exclusive venue of the Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against COMPANY that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES OR COSTS, INCLUDING ALL ATTORNEY FEES, COLLECTION FEES AND COURT COSTS, RELATED TO ANY DEMAND OR LITIGATION IN ANY WAY RELATED TO: YOUR USE OF OUR SITE AND/OR SERVICES; YOUR BREACH OF THIS AGREEMENT; INACCURATE OR FRAUDULENT INFORMATION PROVIDED BY YOU OR A NON-U.S. CITIZEN OR RESIDENT; INFRINGEMENT OF ANY THIRD-PARTY RIGHTS ARISING FROM YOUR USE OF OUR SERVICES; OR ANY LOSS, DAMAGES OR INJURY THAT YOU SUSTAIN REGARDING YOUR INTERACTION WITH ANY PERSON YOU MEET VIA OUR WEBSITE.
Your access to this Site and this Agreement does not in any way create an agency, employee-employer, franchisor-franchisee, joint enterprise, joint venture, or partnership relationship between you and COMPANY.
8Cell, Inc. dba Trey Smith Marketing and dba GameAcademy.com ®: TERMS AND CONDITIONS.
Last updated: March 26, 2014
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