Terms of Service

GameRank provides sofware and services that can be used with gaming server software to provide player reputation and statistics. In some instances, the software the software can be used to facilitate the acquisition of payments from players. When you become a Member, GameRank will create your personal account which will contain: certain basic account information such as your screen name, e-mail address, and password.

Additional features may be added to the GameRank Offerings and made available to you from time to time. You understand and agree that GameRank may provide updates, patches and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the GameRank Offerings may include advertisements and that these advertisements are necessary for GameRank to provide the Services.

GameRank hereby grants you a non-exclusive, non-transferable license to use the Software and to use and to access the Site and Services subject to the terms and conditions in these Terms of Service. Under this license you may only: (i) use a Free Version for your personal and non-commercial use; (ii) use a Premium Version for your personal and your commercial use; and (iii) make one copy of the Software in machine readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.

a) You may not: (i) prepare derivative works based on the GameRank Offerings; (ii) reproduce the GameRank Offerings except as specifically provided in these Terms of Service; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the GameRank Offerings or copies thereof in any form whatsoever to any third parties or use the GameRank Offerings for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the GameRank Offerings, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights to the GameRank Offerings not expressly granted herein are reserved by GameRank.

b) You agree that you shall only use the GameRank Offerings in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the GameRank Offerings, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.

c) You may not use the GameRank Offerings to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to distribution lists, or group aliases, and (ii) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.

d) You may not use the GameRank Offerings to upload, post, post links to, e-mail or otherwise transmit or make available: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

e) You may not use the GameRank Offerings if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

GameRank states that you receive no warranties, express, implied, statutory, or otherwise, and GameRank specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose with respect to the GameRank Offerings. GameRank does not warrant that the GameRank Offerings will meet your requirements or that the GameRank Offerings will be error free. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.

All premium membership payments, clan membership payments, guest administrator payments and any other payments to GameRank, require a valid PayPal account, or other payment method that GameRank may, in its sole discretion, elect to accept in the future. All requests for payments by a user for clan membership or guest administrator priviledges require a valid PayPal account, or other payment method that GameRank may, in its sole discretion, elect to accept in the future. Acceptable payment methods will be listed on the Site and may be updated from time-to-time.

If you transmit to GameRank a payment request, you warrant that your use of the particular PayPal account, or other accepted payment method is authorized and that all information that you submit to GameRank, or its designated third party payment processor, is true and accurate (including, without limitation any account information), and you agree to pay all fees you incur.

There are no refunds or cancellations of payments made to GameRank, except as otherwise required by law. GameRank reserves the right to refuse or cancel any payments, purchases or attempted payments, purchases at any time in its sole discretion. Further, in order to protect the integrity of GameRank and the participants using GameRank, like yourself, GameRank may reverse certain transactions if there is a reasonable belief on the part of GameRank or the publisher, or publishers, of the affected online games and virtual worlds that, due to illicit and/or fraudulent conduct in the marketplace, the online games, or the virtual worlds (which could include such things as cheating, hacking, or other prohibited activity), the integrity of the GameRank service has been compromised. EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SERVICE OR REQUIRED BY APPLICABLE LAW, ALL SALES AND PURCHASES ARE FINAL.

Unless otherwise stated, all fees are quoted and must be paid in U.S. Dollars. Purchases or payments made in currency other than U.S. Dollars shall be made at the exchange rate designated in your agreement with your credit card or other acceptable payment method provider.

You are responsible for paying all fees and any applicable taxes associated with your purchases or payments in a timely manner. Purchases and payments may be subject to applicable sales tax. Sales tax applicability will be determined by the residence of the buyer. GameRank will not be responsible for any sales, use, income or other taxes associated with your purchase, sale, or collection of payments from other players.

GameRank may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for any features within the GameRank Offerings. GameRank may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event GameRank modifies these Terms of Service, you may terminate your use of the GameRank Offerings. GameRank may also terminate your right to use the GameRank Offerings at any time for any reason. Without limiting the prior sentence, your right to use the GameRank Offerings will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from GameRank to effect such an automatic termination. Upon any termination of your right to use the GameRank Offerings, you shall immediately discontinue use of the GameRank Offerings.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the GameRank website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our GameRank Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us.

You are required to have a GameRank account to use the Services. Personal information you provide to GameRank is governed by GameRank's privacy policy (the "GameRank Privacy Policy"). Click here to view the GameRank Privacy Policy. Your election to use the GameRank Offerings indicates your acceptance of the terms of the GameRank Privacy Policy, so please review it carefully. You are responsible for maintaining the confidentiality of Your Account Information. You are responsible for all activities that occur in your account and you agree to notify GameRank immediately of any unauthorized account use. GameRank is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of Your Account Information.

Title, ownership, rights, and intellectual property rights in and to the GameRank Offerings shall remain in GameRank. The GameRank Offerings are protected by the patent, trademark and copyright laws of the United States and other countries, and by international patent, trademark and copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.

To the maximum extent permitted by applicable law, in no event shall GameRank or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of these Terms of Service or the use of or inability to use the GameRank Offerings, even if GameRank has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with GameRank related to these Terms of Service or the GameRank Offerings shall be cancellation of the License and termination of use of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $10.00 or the amount you Paid for the Software and Services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

You agree to hold harmless, indemnify and defend GameRank, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the GameRank Offerings in violation of another party's rights or in violation of any law, or (ii) violated these Terms of Service.

You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these Terms of Service.

The Software and accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph(c)(1)(ii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software--Restricted Rights), as applicable. Manufacturer is GameRank, LLC., 27 Horseneck Rd, Fairfield, NJ 07004.

The GameRank Offerings are not intended for and may not be used by children under the age of 13. You may not use the Software or Services or access the Site unless you are at least such age.

a) No Assignment. The Software and Services are personal to you, and may not be transferred or assigned without GameRank's express written consent.

b) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of Delaware, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state of federal courts located Delaware. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

c) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate GameRank's intellectual property rights, or may cause continuing or irreparable harm to GameRank (including, but not limited to, any breach that may impact GameRank's intellectual property rights, or a breach by reverse engineering), GameRank may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

d) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by GameRank or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of GameRank. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.