Terms of Use

By using the emotionalgame.com website (or any subdomains thereof) and any content, features or functionality made available from or through emotionalgame.com (collectively, the “Site”), you accept and agree to the following terms and conditions (“Terms of Use”), in addition to all applicable laws.  If you do not agree to these Terms of Use, you may not access or otherwise use the Site.  These Terms of Use apply to all users of the Site, including, without limitation, users who visit or browse the Site; users who sign up or subscribe to receive our newsletter or any other communication from us; users who shop and/or purchase products in our online store and users who contribute content, information and other materials or services for any reason, registered as a user or otherwise. 

Privacy Policy

We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy.  Please review our Privacy Policy as your assent to these Terms of Use includes your assent to our Privacy Policy.

 

Proprietary Rights

Emotionalgame.com owns, controls, or licenses all right, title and interest in and to the Site and all the content featured or displayed on the Site including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, data, titles, the look and feel, design and organization of the Site, the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (the “Content”). Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on or through the Site.  The Site, its Content and all related rights shall remain the exclusive property of emotionalgame.com or its licensors or content providers.

 

Your use of the Site does not grant to you ownership of, or a license to, any Content, compilation or intellectual property you may access on the Site. You may own the physical media on which elements of the Site are delivered to you, but we retain full and complete ownership of the Content.  We do not transfer title to any portion of the Site to you.  You may view the Content on the Site on your computer or other Internet compatible device, and make a single copy or print of the Content on the Site for your personal, internal, non-commercial use only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Site. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site. For purposes of these Terms of Use, the use of any such Content, portion or element on any other website or networked computer environment is prohibited.

 

Use License

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use (i.e. to download and display locally) Content solely for your personal, noncommercial use.  Subject to these Terms of Use, you may copy, distribute, and/or share links to any Content that resides on the Site for your non-commercial use, provided that any such link is accompanied by proper attribution back to the Site as the source of such Content. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Site, including without limitation any copying, sharing, or distribution of any Content in a manner other than linking or as otherwise authorized in these Terms of Use, in whole or in part, is expressly prohibited without prior written permission from us.

User Content

The Site may allow you to communicate, submit, upload, transmit, contribute or otherwise make available content, including but not limited to text, images, audio, video, photographs, illustrations and drawings, digital artworks, graphics, other visuals, data, titles, competition entries or other content (“User Content”), which may be accessible and viewable by the public.  You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law. 

 

You authorize us to treat any User Content as non-confidential and non-proprietary.  We do not claim ownership to your User Generated Content and you retain all of your rights in User Content you post to our Site however, from the time of uploading or submission of the User Content you grant us a non-exclusive, sublicensable, perpetual, irrevocable, freely transferable, fully-paid and royalty-free worldwide right and license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, broadcast, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, license, sell, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised including in connection with the Site; the operation, promotion, marketing, and advertising of the Site; and the products, programs, events, competitions and services of the Site; as well as on third-party sites and platforms such as Facebook, YouTube and Twitter, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution or credit, and without the requirement of permission from or payment or compensation to you or any other person or entity, including by sublicensing any third party to do any of the foregoing. You agree that emotionalgame.com may publish or otherwise disclose your name, age and other information provided by you in connection with your User Content.

 

You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these terms.  You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Content.  You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

 

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Content or communications sent through the Site, at any time and for any reason, including to ensure that the User Content or communication conforms to these terms, without prior notice to you.  We are not responsible for, and do not endorse or guarantee or verify the accuracy or authenticity of any User Content or the opinions, views, advice or recommendations posted or sent by users.

 

We make no representations concerning are under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties, including by or through search engines. You expressly waive any and all claims you may have against emotionalgame.com and release us from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by us.

User Rules of Conduct

As a condition of use, you warrant and agree that you shall not:

  1. Use the Site for any purpose that is prohibited by these Terms of Use.You are responsible for all of your activity in connection with your use of the Site, the Content and any and all User Content;

  2. Impersonate any person or entity or misrepresent your affiliation with any other person or entity;

  3. Attempt to gain unauthorized access to other computer systems through the Web Site;

  4. Engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;

  5. Run any form of auto-responder or “spam” on the Site;

  6. Obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;

  7. Use the Site in any manner that could interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;

  8. Use the Site or the Site's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or

  9. Use the Site or the Site's services in violation of any applicable law. You shall abide by all applicable local, state, national and international laws and regulations.

 

You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could interfere with any other party's use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Site. Use of any such services is subject to the prohibitions above and any other rules or regulations that we may post in connection with such a service, bulletin board or forum.

You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time for any reason.

Unsolicited ideas
Information submitted or provided to us through the Site regarding emotionalgame.com or the Site or our products, including but not limited to submission of ideas for new products, concepts, business models, inventions and designs (“Ideas”), shall be deemed to be non-confidential, and emotionalgame.com shall be free to copy, reproduce, use, disclose, distribute and commercially exploit such Ideas in any manner, without limitation or attribution.

 

Orders for Products and Services
We may make certain products available for purchase to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States or a designated territory to which we conduct product deliveries and you are 18 years old or older. We do not sell products or services to children; we sell products and services to adults, who can purchase items with a credit card or other payment method.   

 

All orders placed through the Site are subject to our acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund.

 

You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through this Site for commercial purposes.

 

All features, content, availability, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Site is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and we cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site.  In the event of a pricing error or discrepancy on the Site with respect to products or services, we reserve the right to cancel any orders for such products or services.

 

When a product order is placed, it will be shipped to the address designated by the purchaser. All product purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from the Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.

 

Disclaimer of Warranties
EMOTIONALGAME.COM MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT EMOTIONALGAME.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. IN ADDITION, TO THE FULLEST EXTEND PERMITTED BY LAW, EMOTIONALGAME.COM HEREBY EXCLUDE ALL WARRANTIES RELATING TO THE QUALITY OF, AND/OR COMPLIANCE WITH THE DESCRIPTION ON THIS SITE, OF ANY PRODUCTS SOLD OR SUPPLIED VIA THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.  You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “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.”

 

Limited Liability

YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS FROM THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSABLE BY LAW IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO (I) THE USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE OR DOWNLOADING OF ANY SOFTWARE OR APPLICATION OWNED OR OPERATED BY EMOTIONALGAME.COM OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE, OR (IV) ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMOTIONALGAME.COM, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

 

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EMOTIONALGAME.COM AND OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STAFF, AGENTS, LICENSORS, LICENSEES, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY AND ACCOUNTING FEES, RESULTING FROM (I) YOUR VIOLATION OF THESE TERMS OF USE, (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, TRADEMARK, PROPERTY, PUBLICITY OR PRIVACY RIGHT, (III) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY, (IV) THE BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES AND/OR COVENANTS CONTAINED HEREIN.

 

Sharing Content via Social Media Services
The Site permits you to share information with others, including through your social networks or other third party accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button or icon on or near the Content. If you share information from the Site with others through your third party accounts, such as your social networks, you authorize us to share that information with the applicable third party service. Please review the policies of any third party services you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Third Party Websites

The Site may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Site.  When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Copyright Dispute Policy

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act.  The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:


emotionalgame.com

Copyright Agent

9457 S. University Blvd. #101

Highlands Ranch, CO 80126
 

Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication to the Designated Agent containing the following information:

 

  1. Your address, telephone number, and email address;

  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  3. Identification of works or materials being infringed;

  4. A description of where the alleged infringing material is located with sufficient detail so that we are capable of finding and verifying its existence;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

 

If you prefer to contact us via email, please email us at contactus@emotionalgame.com

 

Counter-Notification Procedure

If the content provider believes that the material that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider must send a counter- notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act to the Designated Agent.  When we receive a counter notification, we may reinstate the material in question.

 

To file a counter notification with us, you must provide a written communication to the Designated Agent that sets forth the items specified below:

 

  1. The address, telephone number, and email address of the content provider;

  2. A physical or electronic signature of the content provider;

  3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  4. A statement by the content provider that such person or entity consents to the jurisdiction of Federal District Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is located outside the United States, Arapahoe County, Colorado, and that that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

 

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.  Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Applicable Laws
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

Termination
We may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. We may restrict, suspend or terminate your access to the Site and/or its services with or without cause, effective immediately.   All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law
The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of Colorado, County of Arapahoe. You agree to submit to the personal and exclusive jurisdiction of the courts located within Arapahoe County in the State of Colorado.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Site (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by another means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following notification of any changes to these Terms of Use constitutes acceptance of those changes whether noticed or not.

 

Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

 

Assignment

These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Entire Agreement

The Agreement constitutes the entire agreement between the user and emotionalgame.com with respect to the Site, the Content and the User Content and supersedes any prior understandings or agreements (written, oral or electronic).

 

Contact
If you have any questions or comments about the Site or any of our services, please contact us at:
  contactus@emotionalgame.com.

 

Effective Date of the Terms of Use

April 1, 2017