Terms of Service

THESE TERMS, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING CONTRACT BETWEEN GAMERSPEAK, INC. (“GAMERSpeak” or “we”) AND YOU (“you”). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE TRAVELCRUSHERS.COM WEBSITE (the “Site”) OR ANY SOFTWARE, APPLICATIONS, SERVICES, OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “SERVICE”). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

1. DESCRIPTION OF SERVICE
   1. Description of Service. Mobile Strike HQ is a website dedicated to providing superior content in the form of articles, guides, tools, simulations, and medium to interact with other members of the community in order to improve the experience of mobile game users within and away from their games.
2. MODIFICATIONS TO TERMS
   1. At any time we may alter the Terms or Privacy Policy. However, we will provide notice to you using the email contact information provided to Mobile Strike HQ by you if the Terms or Privacy Policy are changed. If you use the Service at any time following such alternation, after a period of 30 days following any such alteration it will mean that you have agreed to the altered Terms and/or Privacy Policy.
   2. Your Obligation to Stay Current. It is therefore critical that you keep your email contact information correct and updated with Mobile Strike HQ at all times. Failure to keep your email contact information corrected and updated could result in you not receiving notice of alternations to the Terms or Privacy Policy. Such failure is at your own peril, and relieves GAMERSpeak of any obligation to provide notice of alterations. In addition, we encourage you to check back regularly to review these Terms and the Privacy Policy, at least once every thirty days.
3. MODIFICATIONS TO SERVICE
   1. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including but not limited to removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. In addition, if the Content is disparaging to Machine Zone, at our discretion, we will remove it. If GAMERSpeak modifies, suspends, or removes your Content, it will not affect GAMERSpeak’s ownership of or license to such Content.
4. ESTABLISHING AN ACCOUNT TO POST CONTENT
   1. To post Content on the Website and/or view/use/download certain Content on the Website, you must first complete the site registration process to create an account with a user name and password (the “Account”). You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate current and complete information to Mobile Strike HQ for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed use by you. GAMERSpeak is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
5. RESTRICTIONS ON USE TO THE SITE
   1. You may not connect to or use the Site in any way not expressly permitted by these Terms. Without limiting the foregoing, you agree that you will not (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site or otherwise attempt to disrupt the Site or any other person’s use of the Site; (ii) use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Mobile Strike HQ’ servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser; (iii) attempt to gain unauthorized access to the Site, accounts registered to other users, or the computer systems or networks connected to the Site; (iv) copy or distribute any part of the Site in any medium without GAMERSpeak’ prior written authorization; (v) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; (vi) collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes; (vii) frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent (which consent may be withheld in our sole discretion); (viii) circumvent, disable or otherwise interfere with security related Services of the Site or Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein; (ix) solicit, for commercial purposes, any users of the Site with respect to their User Submissions; (x) “stalk” or harass any person or entity; or (xi) violate any applicable law, rule or regulation.
6. OWNERSHIP OF RIGHTS; USER SUBMISSIONS
   1. Ownership of Your Content.
      1. By submitting your Content to the Site, you thereby transfer all right, title and interest to the Content to GAMERSpeak throughout the world and throughout the universe.
      2. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username and/or your actual name (according to the preferences you select).
7. User Submissions
   1. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to Mobile Strike HQ you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; (b) if we so choose, GAMERSpeak may use and disclose your Submissions in any way; and (c) GAMERSpeak has no obligation to pay or reimburse you for your Submissions or, except as expressly stated on the Site, for use of your Submissions.
8. PROHIBITED CONTENT
   1. You must not post to the Service any Content that is or appears to be:
   2. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
   3. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
      1. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
   4. unsolicited, undisclosed or unauthorized advertising;
   5. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
   6. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
      1. in violation of any applicable local, state, national or international law (including export laws).
9. PROHIBITED CONDUCT
   1. You must not do, or attempt to do, any of the following, :
      1. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
      2. access, tamper with, or use services or areas of the Service that you are not authorized to access;
      3. alter information on or obtained from the Service;
      4. tamper with postings, registration information, profiles, submissions or Content belonging to Mobile Strike HQ or other users of Mobile Strike HQ;
      5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
      6. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by GAMERSpeak;
      7. impersonate or misrepresent your affiliation with any person or entity;
      8. reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
      9. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
      10. take any action that might impose a significant burden on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
10. PROTECTION OF CONTENT
    1. License by GAMERSpeak to You. You must respect the intellectual property laws protecting our Service. GAMERSpeak grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights GAMERSpeak has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
    2. Reservation of Rights. On its own behalf and the behalf of its licensors, GAMERSpeak reserves all rights in the Content, including any software, not expressly granted in this Section 9. GAMERSpeak does not in any way grant any other rights to you. Except as expressly stated in this Section 9, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from GAMERSpeak or other third-party owner of the rights in that Content (if any).
11. TERMINATION OR CANCELLATION
    1. Right to Terminate. We may, at any time, without notice to you, terminate, block or suspend your access to the Service, and your Account.
    2. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
    3. Effect of Termination. Upon termination of your Account or the Service, your agreement with GAMERSpeak pursuant to these Terms will also terminate, except that the following provisions survive the termination: Your Content, our ownership of it, and the right of Indemnification. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.
12. INDEMNITY
    1. You agree to defend, indemnify and hold harmless GAMERSpeak and the Related Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Mobile Strike HQ Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to any third party. This defense and indemnification obligation will survive these Terms and your use of the Mobile Strike HQ
13. EQUITABLE REMEDIES
    1. You hereby agree that GAMERSpeak would be irreparably damaged if the terms of these Terms 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 the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
14. DISCLAIMER OF WARRANTIES
    1. GAMERSpeak provides the service and products “as is” and “as available.” to the maximum extent permitted by law, GAMERSpeak makes no representations, warranties or conditions of any kind, express or implied, as to the operation of the products, service or the information, games, software, or content included in the service. GAMERSpeak makes no representations or warranties that the products or service will be uninterrupted, error-free, virus-free, secure, or timely. To the maximum extent permitted by law, GAMERSpeak expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including the implied representations, warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. Some jurisdictions do not allow limitations on implied warranties, and therefore some of the above limitations may not apply to you. We urge you to keep backup copies of your personal content, if any, that you maintain on or use with the service. If your use of the service results in the need for servicing or replacing property, material, equipment or data, we are not responsible for any resulting costs or damages.
15. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
    1. To the maximum extent permitted by law, none of the indemnified persons are liable to you or any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of the indemnified persons exceed, in total, the amounts paid by you to us.