Terms of Service
Introduction
These terms and conditions govern your use of the websites owned and operated by Gaming Americas (part of Hipther Agency); by using our websites, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use these websites.
You must be at least 18 [eighteen] years of age to use our websites. By using our websites and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
The list of the websites owned and operated by Hipther Agency can be found here.
In other words,
You must be at least 18 years old to use our service and fully agree with everything stated on this page. Otherwise, sorry, guys, ours websites are not for you.
License to use our websites
Unless otherwise stated, Gaming Americas (part of Hipther Agency) and/or its licensors own the intellectual property rights published on our websites and materials used on the Gaming Americas (part of Hipther Agency) network. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the websites for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from these websites in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the websites;
- show any material from the websites in public;
- reproduce, duplicate, copy or otherwise exploit material from our websites for a commercial purpose;
- edit or otherwise modify any material on these websites;
- redistribute material from these websites – except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of these websites through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
In other words,
Everything on our websites belongs to us. You can read it, but you cannot republish it. Sounds fair, doesn’t it?
Acceptable use
You must not use these websites in any way that causes, or may cause, damage to the websites or impairment of the availability or accessibility of the Hipther Agency network or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use these websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to websitess owned by Hipther Agency express written consent.
This includes:
- scraping
- data mining
- data extraction
- data harvesting
- ‘framing’ (iframes)
- Article ‘Spinning’
You must not use these websites or any part of it to transmit or send unsolicited commercial communications.
You must not use these websites for any purposes related to marketing without the express written consent of Gaming Americas (part of Hipther Agency).
In other words,
You must not use any part of our websites to do illegal stuff. In addition, you cannot conduct data collection of the website’s materials without our permission.
Restricted access
Access to certain areas of our websites are restricted. Gaming Americas (part of Hipther Agency) reserves the right to restrict access to certain areas of our websites, or at our discretion, the entire websites may change or modify this policy without notice.
If Gaming Americas (part of Hipther Agency) provides you with a user ID and password to enable you to access restricted areas of our websites or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
Gaming Americas (part of Hipther Agency) may disable your user ID and password at Hpither Agency’s sole discretion without notice or explanation.
In other words,
We can restrict any areas of our websites whenever we want.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our websites, for whatever purpose.
You grant to Gaming Americas (part of Hipther Agency) a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Gaming Americas (part of Hipther Agency) the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Gaming Americas (part of Hipther Agency) or a third party (in each case under any applicable law).
You must not submit any user content to our websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Gaming Americas (part of Hipther Agency) reserves the right to edit or remove any material submitted to our websites, or stored on the servers of Gaming Americas (part of Hipther Agency), or hosted or published upon our websites.
Gaming Americas (part of Hipther Agency)‘s rights under these terms and conditions in relation to user content, Gaming Americas (part of Hipther Agency) does not undertake to monitor the submission of such content to, or the publication of such content on, our websites.
In other words,
If you submit any material to our websites, it must be legal. And you grant us the permission to do whatever we want with it. Thank you!
No warranties
Our websites are provided “as they are” without any representations or warranties, express or implied. Gaming Americas (part of Hipther Agency) makes no representations or warranties in relation to these websites or the information and materials provided on these websites.
Without prejudice to the generality of the foregoing paragraph, Gaming Americas (part of Hipther Agency) does not warrant that:
- these websites will be constantly available, or available at all; or
- the information on these websites are complete, true, accurate or non-misleading.
Nothing on these websites constitute, or are meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
In other words,
We don’t warrant that the websites will be available all the time and the information on it are true. In other words, don’t rely on it and consult an appropriate professional in case of something.
Limitations of liability
Gaming Americas (part of Hipther Agency) will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, our websites:
- to the extent that the websites are provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Gaming Americas (part of Hipther Agency) has been expressly advised of the potential loss.
Exceptions
Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit the liability of Gaming Americas (part of Hipther Agency) in respect of any:
- death or personal injury caused by the negligence of Gaming Americas (part of Hipther Agency) or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of Gaming Americas (part of Hipther Agency); or
- matter which it would be illegal or unlawful for Gaming Americas (part of Hipther Agency) to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using these websites, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
In other words,
We won’t be liable to you in any case except something really awful (like fraud). If you don’t think this is reasonable, you must not use our websites.
Other parties
You accept that, as a limited liability entity, Gaming Americas (part of Hipther Agency) has an interest in limiting the personal liability of its employees. You agree that you will not bring any claim personally against Hipther Agency‘s employees in respect of any losses you suffer in connection with these websites.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Hipther Agency‘s employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Gaming Americas (part of Hipther Agency).
In other words,
You must agree not to bring any claim personally against our employees.
Unenforceable provisions
If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
Indemnity
You hereby indemnify Gaming Americas (part of Hipther Agency) and undertake to keep Gaming Americas (part of Hipther Agency) indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Gaming Americas (part of Hipther Agency) to a third party in settlement of a claim or dispute on the advice of Hipther Agency‘s legal advisers) incurred or suffered by Gaming Americas (part of Hipther Agency) arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Hipther Agency‘s other rights under these terms and conditions, if you breach these terms and conditions in any way, Gaming Americas (part of Hipther Agency) may take such action as Gaming Americas (part of Hipther Agency) deems appropriate to deal with the breach, including suspending your access to the websites, prohibiting you from accessing the websites, blocking computers using your IP address from accessing the websites, contacting your internet service provider to request that they block your access to the websites and/or bringing court proceedings against you.
Variation
Gaming Americas (part of Hipther Agency) may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our websites from the date of the publication of the revised terms and conditions. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Gaming Americas (part of Hipther Agency) may transfer, sub-contract or otherwise deal with Hipther Agency‘s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with Hipther Agency‘s Privacy Policy constitute the entire agreement between you and Gaming Americas (part of Hipther Agency) in relation to your use of these websites, and supersede all previous agreements in respect of your use of our websites.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the Court of Justice of the European Union, and any disputes relating to these terms and conditions will be subject to its exclusive jurisdiction.
Finally,
There are several other complicated paragraphs. Please, read them carefully. Anyway, if you want to sue us, welcome to Europe!
