TERMS OF SERVICE
PLEASE READ CAREFULLY
Your use of the Sites AND/OR THE SERVICE, or BY clicking "I ACCEPT" if presented with THIS TOU in a click-through format, signifies that you agree to THIS TOU and constitutes your binding acceptance of THIS TOU, including any modifications that ZombieGauntlets makes from time to time.
ToU Updates. ZombieGauntlets will revise this ToU as the Sites and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Sites and/or Service. By using the Sites and/or Service, you agree to the then-current version of this ToU as posted on the Sites. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Sites and/or Service.
Termination of Service. ZombieGauntlets reserves the right to deny service to any person at ZombieGauntlets’s sole and absolute discretion. The Sites and/or Service is offered with the understanding that ZombieGauntlets may terminate any account registered to you and/or your access to the Sites and/or Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. ZombieGauntlets may stop offering and/or supporting the Sites and/or Service at any time.
Submisions / Sign Up Program and Unsolicited Idea Submissions
- Unsolicited Ideas. ZombieGauntlets values your feedback on its services and products, but please do not submit any creative ideas, suggestions or materials, except for the service Concepts. Neither ZombieGauntlets nor any of its employees and/or staff accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved business concepts or technologies, product enhancements, improvements to existing programs, marketing plans or names for new content (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to ZombieGauntlets or its employees and/or staff. This policy is aimed at avoiding potential misunderstandings or disputes when ZombieGauntlets' products or services might seem similar to Unsolicited Ideas that are submitted.
- Rights to Show livestream and Unsolicited Ideas. If you do submit your application and/or Unsolicited Ideas to ZombieGauntlets or to any of its employees and/or staff, then you hereby acknowledge and agree that, from the time of submitting, streaming, transmission or dispatch, you grant ZombieGauntlets and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, and royalty-free right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your livestream and/or 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 livestream and/or Unsolicited Ideas to others, without any compensation to you. You also waive any claim that any use by ZombieGauntlets and/or its licensees of your Show Concepts and/or 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.
Restrictions and Conditions of Use
- Use of Sites and Service. ZombieGauntlets permits you to view and use a single copy of the Sites solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Sites. ZombieGauntlets reserves the right to add or remove information, content or Services from the Sites at any time at its sole discretion.
- No Violation of Laws. You agree that you will not, in connection with your use of the Sites or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Sites, Service and/or Livestream any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity). Exceptions apply during events and event livestreams.
- Misuse of Sites and/or Service. You may not connect to or use the Sites and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Sites and/or Service or otherwise attempt to disrupt the Sites and/or Service or any other person’s use of the Sites and/or Service; or (b) attempt to gain unauthorized access to the Sites, Service, accounts registered to other users, or the computer systems or networks connected to the Sites and/or Service. Furthermore, you may not use the Sites or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Sites and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding ZombieGauntlets and/or the Service; (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (ix) generates artificial, automated or fraudulent views of pages or videos or ‘clicks’ on advertisements or offers.
- No Commercial Uses. You agree that you will not use the Sites or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Sites or Service.
- No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation email information of other account holders; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Sites or the Service.
- Mobile Devices. The Sites and Service contains services and features that are available to or through certain mobile devices. Your carrier's normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
- Links from the Sites. The Sites may contain links to websites and content platforms operated by other parties (e.g., YouTube, GoogleTV, Facebook, etc.). ZombieGauntlets provides these links to other websites and content platforms as a convenience, and use of these websites and content platforms is at your own risk. The linked websites and content platforms are not under the control of ZombieGauntlets, and ZombieGauntlets is not responsible for the content available on the other websites and content platforms. Such links do not imply ZombieGauntlets’s endorsement of information or material on any other website or content platform and ZombieGauntlets disclaims all liability with regard to your access to and use of such linked websites and content platforms. Products offered on or in association with the Sites are provided through independent third party vendors, and you agree to look solely to such third party vendors, and not ZombieGauntlets, for any issues related to such products.
- Links to the Sites. Unless otherwise set forth in a written agreement between you and ZombieGauntlets, you must adhere to ZombieGauntlets’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ZombieGauntlets’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ZombieGauntlets, (iii) when selected by a user, the link must display the Sites on full-screen and not within a "frame" on the linking Sites, and (iv) ZombieGauntlets reserves the right to revoke its consent to the link at any time and in its sole discretion.
Social Networks. The Service includes features that operate in conjunction with certain third party social networking websites that you visit. While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. It is impossible for ZombieGauntlets to determine in each case whether your use of the Social Network Features would cause you to violate or breach the terms of service and/or other agreements posted on these third party websites. You understand and acknowledge that your actions in association with your use of the Social Network Features may cause you to violate or breach the terms of service and other agreements posted on these third party websites which could result in the termination of your account and ability to access these third party websites and, in some cases, could give rise to liability for damages. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT ZOMBIEGAUNTLETS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
- Trademarks. ZombieGauntlets and the ZombieGauntlets logos are trademarks/service marks of ZombieGauntlets. Unauthorized use of any ZombieGauntlets trademark, service mark or logo may be a violation of federal and state trademark laws.
- Copyright. The Sites and Service and the content made available through the Sites and the Service are protected by U.S. and international copyright laws. Except as authorized in this ToU, you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Sites, Service, livestreams, or individual sections of the content, design or layout of the Sites without ZombieGauntlets’s express prior written permission.
- Copyright Agent. ZombieGauntlets respects the intellectual property rights of others, and requires that the people who use the Sites and the Service do the same. ZombieGauntlets maintains a policy of termination in appropriate circumstances of users who use the Sites and/or Service for repeat infringements
Location. The Sites and the Service are operated by ZombieGauntlets in the United States / United Kingdom. Those who choose to access the Sites, and/or the Service from locations outside the specified areas do so on their own initiative and are responsible for compliance with applicable local laws.
Sites-Provided Postings. The Sites provide users with the ability to post messages on the Sites. ZombieGauntlets is under no obligation to review any messages, information or content ("Postings") posted on the Sites by users and assumes no responsibility or liability relating to any Postings. Notwithstanding the above, ZombieGauntlets may from time to time monitor the Postings on the Sites and may remove any Postings at its sole discretion. You grant other users of the Sites permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your Postings in any medium (whether now known or later developed). We do not guarantee any confidentiality with respect to any Postings that you may submit, upload, post or otherwise provide to the Sites, and it is your responsibility to protect any rights that you may have in your Postings. Please also be aware that any personally identifiable information that you choose to include in your Postings for publication on the Sites will not be protected. If ZombieGauntlets has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your Postings in compliance with Section 5 of the Federal Trade Commission Act.
Submitted Content. ZombieGauntlets does not claim ownership of any materials or Postings you make available through the Sites. At ZombieGauntlets’s sole discretion, such materials and Postings may be included in the Service in whole or in part or in a modified form. With respect to such materials and Postings you submit or make available for inclusion on the Sites, you grant ZombieGauntlets a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, display, modify, create derivative works, and sublicense such materials and Postings or any part of such materials and Postings. You hereby represent, warrant and covenant that any materials or Postings you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 13. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your materials and Postings. You voluntarily waive all moral rights you may have in your materials and Postings.
Children. The Sites and the Service are not directed toward children under 13 years of age nor does ZombieGauntlets knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personally identifiable information to ZombieGauntlets.
- ToU Revisions. This ToU may only be revised in a writing signed by ZombieGauntlets, or published by ZombieGauntlets on the Sites.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZombieGauntlets as a result of this ToU or your use of the Service.
- Assignment. ZombieGauntlets may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without ZombieGauntlets’s prior written consent, and any unauthorized assignment by you shall be null and void.
- Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
- Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
21. Equitable Remedies. You hereby agree that ZombieGauntlets would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Sites and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Sites and/or Service.