Welcome to Gamestar Mechanic Adventures (“Gamestar”). The following sets forth the terms of service (“Terms”) under which E-Line Media (“E-Line”), a company with offices at 1295 W Washington Street, Suite 105, Tempe, AZ 85281, offers Gamestar to you.
The terms “E-Line”, “us”, and “we” refer to the owners of Gamestar, E-Line Media, and its successors and assigns. The terms “Gamestar Mechanic Adventures”, “Gamestar” and “Service” refer to the Gamestar Mechanic Adventures app, the Gamestar Mechanic Adventures Web Player and the Gamestar Mechanic Adventures website located at http://adventures.gamestarmechanic.com. The term “you” refers to you, the user of the Service. The Service may also offer you access to certain features and content by means of a user account (“Account”).
These Terms are effective as of January 1, 2016.
These Terms may be updated at any time in our discretion by posting the amended terms to Gamestar. Your use of Gamestar after we post any changes to these Terms constitutes your agreement to those changes. E-Line may, in its sole discretion, elect to warn you if you have been found in violation of these Terms and retains the right and may at any time, discontinue or modify Gamestar or any part thereof, or your access thereto, or to your Account, with or without notice to you at any time. You agree that you do not have any rights in Gamestar and that your use of Gamestar or contribution of User Content (as defined below) to Gamestar does not create any such rights in Gamestar. E-Line will have no liability to you if Gamestar is modified, discontinued or your ability to access it is terminated.
Gamestar offers a wide variety of content, including but not limited to photos, audio, video, software, audiovisual content, code, text, graphics, the design and appearance of the Gamestar app and website, and other works of authorship, all of which originate with E-Line (collectively, “Content”).
Gamestar may permit you to communicate with other users, and submit user-generated content such as original texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of online games) and other materials and content that originates with you (collectively, “User Content”). Your posting of User Content is subject to these Terms and to the posting rules (“Posting Rules”) detailed below. E-Line reserves the right, in its sole discretion, to terminate Accounts of Users found in violation of these Posting Rules or the Terms or to otherwise restrict such Users from their access to Gamestar.
No Illegal, Infringing or Abusive Message Content or Conduct: You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will comply with the Gamestar Rules of Conduct (“Rules of Conduct”) and will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to E-Line about other users.
No Violations of Third Party Rights: You agree that you will not post any User Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of E-Line or other users of Gamestar, and that you will not create an Account for anyone other than yourself without such person’s permission. You further agree that you will not misrepresent an affiliation with any person or organization and will not post any content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
No Commercial Use: Gamestar is intended to allow information exchanges, and for users to express their opinions. Therefore, you agree that unless expressly permitted by E-Line, you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service. In addition, you agree to not commercialize or otherwise attempt to profit from any of the Content of our Service unless expressly authorized by us in writing. You also agree to not commercialize or otherwise attempt to profit from any of the User Content on Gamestar unless expressly authorized by the author or creator of such User Content.
No Viruses, Corrupting Files, Interference, or Cheat Software: You agree that you will not post, transmit or upload any software, files or links to other sites except as may be specifically permitted by E-Line and that you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Service or any feature of the Service. You agree that you will not engage in any activity that deliberately impedes, interferes with or otherwise interrupts the normal functioning and performance of the Service. You further agree that you will not use or distribute at Gamestar or elsewhere, by any means or in any form, any cheat utility, software or macro programs or applications that allow you or other users to cheat on any online game posted at Gamestar, nor will you use any software or technology product, such as “robots” or “spiders” or other means to cheat in any online game at Gamestar or otherwise engage in fraudulent activity, such as “click fraud,” at Gamestar.
Account Information: You may not share or transfer your user account or your account password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful.
Responsibility of Postings: You understand and acknowledge that User Content is solely your responsibility, and that E-Line is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Gamestar, and E-Line does not endorse and has no control over User Content. User Content is not necessarily reviewed by E-Line prior to posting and E-Line makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
No Monitoring/Violation Notices: Notwithstanding the foregoing, E-Line does not necessarily monitor all materials, including User Content, posted, transmitted, or communicated to or within the Service. If you believe that something in the Service violates these Posting Rules or otherwise violates these Terms, please notify us by email at firstname.lastname@example.org or by using the “Report Abuse” feature found throughout the Service.
Account Termination/No Ownership of Account: You understand and agree that you have no ownership rights in your Account. E-Line may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if E-Line deems that you have violated these Posting Rules, the Terms, the law, or for any other reason. E-Line assumes no liability for any information removed from our Service, and reserves the right to permanently restrict access to the Service or an Account.
No Confidentiality: The nature of Gamestar is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason to and through Gamestar will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to and through Gamestar and its website may be used by E-Line anywhere, anytime, and for any reason, subject to the terms of the User Content License described in Ownership of User Content and License Thereto, below.
Ownership of Content
All intellectual property rights associated with Gamestar and the Content, with the sole exception of User Content, as defined below, are the property of E-Line Media or their respective rights holders ALL RIGHTS RESERVED. Your usage of Gamestar does not confer upon you any intellectual property rights to Gamestar or to the Content, with the sole exception of your User Content, as defined below. All trademarks, service marks, trade names and logos of “Gamestar Mechanic” and “Gamestar Mechanic Adventures” used in connection with Gamestar are trademarks or registered trademarks of E-Line and its partners and affiliates in the United States and / or other countries. They may not be used without our prior express written permission.
All other trademarks and logos that may appear in Gamestar are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
Ownership of User Content and License Thereto
Any User Content that you post to Gamestar is wholly-owned by you to the extent permitted under Title 17 of the United States Code. Notwithstanding the foregoing, you grant to us a non-exclusive, worldwide, complete, sub-licensable license to use the User Content subject to these Terms and the license described herein (“User Content License”). E-Line may delete any User Content that, in its sole judgment, violates these Terms or the Posting Rules.
Scope of User Content License: By displaying, publishing, or otherwise posting any User Content on or through the Service, you hereby expressly grant to E-Line a non-exclusive, worldwide, complete, perpetual, sub-licensable license to use, modify, publicly perform, publicly display, reproduce, and distribute all or any portion of such User Content in any manner or form and in any medium or forum, whether now known or hereafter devised without notice, payment or attribution of any kind to you or any third party.
Authorized Usage of Gamestar
You agree to use Gamestar for your own personal, noncommercial purposes ONLY (for example learning, entertainment and your personal enjoyment). If you are a student, faculty or staff member of an accredited educational institution or registered 501(c)(3) charitable organization, you agree to use Gamestar for these or other educational, noncommercial purposes ONLY.
Prohibition of Commercial Use, Redistribution and Resale
You agree that you will not redistribute, transmit, assign, sell, resell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer access to Gamestar or its Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights to Gamestar or its Content, except as pertains to your User Content, as noted above. You specifically represent and warrant that you will not use, redistribute, sell, resell, rent, lend or license Gamestar or its Content or any product or service that incorporates access to Gamestar or its Content, except as provided for under “Authorized Usage of Gamestar” above.
You hereby indemnify and hold harmless, and upon E-Line’s request, defend, E-Line and its affiliates, parents and subsidiaries (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of the Terms, Posting Rules, or any warranty, representation, covenant or obligation of yours or your dependents under this Agreement; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you or your dependents hereunder or E-Line’s or any user’s use thereof violates or infringes the rights of another party. You will reimburse E-Line and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification, provided that E-Line attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. E-Line shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon E-Line’s request. E-Line shall have the right, at its expense, to participate in the defense thereof under your direction.
Representations and Limitations of Liability
E-Line makes no representations about the reliability of the features of Gamestar, its Content, User Content, or any other Gamestar feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. E-Line makes no representations regarding the amount of time that any Content or User Content will be preserved on Gamestar.
You represent and warrant that your use of Gamestar shall be in compliance with any applicable laws, rules and regulations of any governmental authority and that you will abide by obligations. In connection with User Content, you affirm, represent, and warrant that: (i) no User Content or any use thereof by E-Line shall infringe upon or violate any other rights of any third party, including without limitation, any patent, trademark, copyright, trade secret right, contractual right, right of publicity or right of privacy; (ii) you own or have the necessary licenses, rights, consents, and permissions to license your User Content to E-Line in the manner described herein; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or any likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by Gamestar and these Terms.
GAMESTAR IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO GAMESTAR OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL E-LINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE GAMESTAR, NOR SHALL E-LINE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND E-LINE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GAMESTAR’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL E-LINE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Both you and E-Line acknowledge and agree that no partnership is formed and neither of you nor E-Line has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of the State of Delaware. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and E-Line, and is accepted by you upon your use of the Service or your Account. These Terms constitutes the entire agreement between you and E-Line regarding the use of the Service and your Account.
How to contact us
If you have questions or concerns regarding these Terms of Service, you can contact us via email at email@example.com or at
Gamestar Mechanic Adventures
c/o E-Line Media
1295 W Washington Street
Tempe, AZ 85281