BY USING GameMic, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS.
You will need to create an account to use all or parts of GameMic. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
You also agree that we may reclaim your username where it is reasonable for us to do so, including if you have violated the Terms.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
GameMic includes functionality where you can create games/events where it can become like chat rooms based around the game/event. If you create the room you act as the Broadcaster ("Broadcaster") of all conversations that occur in the game/event ("Audience"). Users who join the game/event may request to speak, and if their request is accepted by the Broadcaster or other designee, they may choose to speak in the Conversation ("Speakers") while others in the game/event listen in the audience ("Audience").
If you choose to speak in the game/event and take part in a Conversation, then audio recordings of your voice will be temporarily processed in order for us to provide the live audio chat. In addition, copies of the audio from Conversations may be retained for the following reasons:
For safety reasons: Copies of Conversations are retained by GameMic in case there is any need to investigate an incident, such as Trust and Safety incident reports and alleged infringementofintellectualpropertyrights;andIfenabledbytheroom'sBroadcaster:Inaddition, games/events on GameMic may include functionality which enables a Broadcaster to choose to record the Conversation and to receive a copy of that recording. You can choose to leave the game/event or remain in listen-only mode as part of theAudience.
Your audio will only ever be captured if you speak in the game/event with your microphone unmuted. We don't capture audio from: (a) muted Speakers; or (b) the Audience.
GameMic and the Content is our property. All GameMic trademarks, service marks, trade names, logos, domain names, and any other features of the GameMic brand ("Brand Features") are the sole property of GameMic Inc. The Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.
You agree to abide by the user guidelines set out at Section 7 below ("User Guidelines") and not to use GameMic, the Content, or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, we grant no right, title, or interest to you in GameMic or Content.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to GameMic and its affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your UserSubmissions.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
The User Submission may still exist in our backup copies, which are not publicly available.
If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.
We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to GameMic the license above.
GameMic users may add, create, submit, distribute, post, upload, communicate, convey, or otherwise contribute ("Contribute") information, materials, and other content to GameMic ("User Content").
You are solely responsible for all User Content that you Contribute. You promise that, with respect to any User Content you Contribute, (1) you own or have the right to Contribute such User Content, and (2) such User Content, or its use pursuant to the licenses granted herein, does not: (i) violate the Terms, applicable law, or the intellectual or other rights of any third party; and/or (ii) imply any affiliation with or endorsement of you or your User Content by us or any creator, artist, band, label, entity or individual without express prior written consent from us or such individual or entity.
In Contributing User Content or other information on GameMic, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others and
across the web, so please use caution in Contributing User Content on GameMic, and be mindful of your account settings.
GameMic does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post or upload to the app and/or through the Services (“User Generated Content”).
You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Services. We reserve the right to remove such Content, your User Generated Content and/or any other content in our sole and absolute discretion.
We may, but have no obligation to, monitor, review, or edit User Content. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates the Terms. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific UserContent.
We are not responsible for User Content nor do we endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO USER CONTENT THAT YOU CONTRIBUTE, THEN, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCHCLAIM.
We reserve the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates any third party rights and/or to suspend or terminate a User’s access privileges in the event of repeat infringement by a User.
GameMic may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. GameMic Inc. does not guarantee that Third-Party Applications and Devices will be compatible with GameMic.
You retain ownership of your User Content. Using GameMic does not cause you to lose ownership of your content.
However, in order for us to make your User Content available on GameMic and to run GameMic successfully, we do need a limited license from you to use that User Content. Accordingly, you hereby grant to us a non-exclusive license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone, in part or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with GameMic. This license is worldwide, fully-paid, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable.
Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback (defined below) and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on or in connection with GameMic.
If you choose to speak in a game/event that is being recorded by a Broadcaster, then the User Content you Contribute to the Conversation, such as the things you say ("Provided Content") may be included in the final recording of the game/event.
If you Contribute Provided Content, you grant to the Broadcaster and GameMic a non-exclusive license to reproduce, exploit, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such Provided Content (to the extent it is incorporated in the recording of the game/event, and such recording was captured through the use of GameMic's game/event recording functionality), through any medium, whether alone, in part or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, for any purpose. This license is worldwide, fully-paid, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable.
Sharing of your Provided Content is voluntary, and the receipt of any Provided Content by the Broadcaster creates no obligation to incorporate or otherwise use such Provided Content. You also agree that, if the Broadcaster decides to use your Provided Content, this does not result in you obtaining any ownership interest in any associated content or User Content.
In consideration for the rights granted to you under the Terms, you grant us the right to (1) allow GameMic to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of GameMic, (2) to provide advertising and other information to you, and
(3) to allow our business partners to do the same.
In any part of GameMic, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including our agreements with third parties. Some Content licensed by, provided to, created by, or otherwise made available by us may incorporate advertising, and we are not responsible for any such advertising.
You agree not to use the Services to take any action(s) that, (and your continued use of the Site and Services are conditioned on not taking any action(s) that):
patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; or contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information; provides any User telephone numbers, street addresses, last names, URLs or email addresses; involves the transmission of “junk mail,” “chain letters,” or “unsolicited mass mailing”, “instant messaging”, “phishing”, “spimming” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or video or links to pirated files;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
are contrary to GameMic’s public image, goodwill, or reputation;
infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
“frame” or “mirror” any part of the Site without our prior written authorization;
distribute any virus, worm or other similar or deleterious files, scripts or programming routines; interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of GameMic or its licensors or suppliers;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission; and/or
execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you.
Further, you agree not to use the Services or the Site to participate in:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drugdealing,gambling,harassment,stalking,spamming,spimming,sendingofvirusesorother harmful files, copyright infringement, patent infringement, or theft of trade secrets or violation of the privacy or publicity rights of thirdparties;
advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Usersfromsuchadvertisingorsolicitation,GameMicreservestherighttorestrictthenumberof emails that a User may send to otherUsers;
We respect intellectual property rights and expect you to do the same. We've established a few ground rules for you to follow when using GameMic, to make sure it stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of GameMic or the Content, or otherwise making any use of GameMic or the Content which is not expressly permitted under the Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in GameMic or the Content or any part of it;
using GameMic to import or copy any local files that you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorised Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of GameMic, Content or any part thereof except to the extent permitted by applicable law. If applicable law allows you to decompile any part of GameMic or the Content where required in order to obtain the information necessary to create an independent program that can be operated with GameMic or with another program, the information you obtain from such activities
(a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of GameMic or the Content; circumventing any technology used by us, our licensors, or any third party to protect the Content or GameMic;
selling, renting, sublicensing, or leasing of any part of GameMic or the Content; circumventing any territorial restrictions applied by us or our licensors;
artificially increasing play counts, room participant counts, view counts, share counts, follow counts, or otherwise manipulating GameMic by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or GameMic or provided through GameMic (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
circumventing or blocking advertisements in GameMic, or creating or distributing tools designed to block advertisements in GameMic;
providing your password to any other person or using any other person's username and password;
"crawling" GameMic or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from us or GameMic;
selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account, channel or playlist or the content included on an account, channel or playlist;
artificially promoting Content by automated means or otherwise; or
Please respect GameMic, the owners of the Content, and other users of GameMic. Don't engage in any activity, Contribute any User Content, or register and/or use a username, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of ours or a third party;
includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to GameMic;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam ("spam"), junk mail, chain letters, or similar;
involves unauthorised commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes;
involves unauthorised linking to, referencing, or otherwise promotion of commercial products or services;
interferes with or in any way disrupts GameMic, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in GameMic or our computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to GameMic, the Content or any part thereof;
conflicts with the Terms, as determined by us; or
has been removed from any of our services for a breach of our terms or policies, such as a prohibited track or show. This includes content being created or repurposed to reconstitute or serve the same objective as a previously removed content
You acknowledge and agree violating these User Guidelines may result in removal of your User Content and/or immediate termination or suspension of your account.
We try to make GameMic broadly available to everyone, but you cannot use GameMic if we've previously disabled your account on any of our services for a breach of our terms or policies. We also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.
If you believe that any Content infringes your intellectual property rights or other rights, or does not comply with our User Guidelines you can submit a report to us using our in-app reporting tools.
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and us, and in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded the GameMic app (the "App") from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and us only, not with Apple, and Apple is not responsible for GameMic and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to GameMic. In the event of any failure of GameMic to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to GameMic. Apple is not responsible for addressing any claims by you or any third party relating to GameMic or your possession and/or use of GameMic, including: (1) product liability claims; (2) any claim that GameMic fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that GameMic and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using GameMic. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
DISCLAIMERS OF WARRANTIES: GAMEMIC DOES NOT WARRANT THAT THE APP OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS APP AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS.
GameMic is in no way affiliated with or sponsored by the NCAA or other youth or professional leagues. You are responsible for your own activities in connection with the GameMic app, including your use of the Services. Accordingly, you are responsible for knowing and complying with the NCAA’s or other youth or professional copyright rules, regulations, and laws or other similar rules, regulations, and laws (collectively, “NCAA Regulations”). GameMic is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the app, and/or Services. If you act in violation of the NCAA Regulations, GameMic may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. GameMic does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).