Welcome To Gamecake!
Gamecake Community Standards
Gamecake is a fun, welcoming community for mobile gamers. To help keep it that way, please respect these Community Standards:
-Respect the community members, and the Gamecake community as a whole. You are solely responsible for all content and comments that you post to Gamecake. The following are not welcome in our community and can result in action against your accounts:
- Harassment, bullying, and threats of violence
- Hate speech
- Excessive vulgarity/profanity
- Sexually explicit language/links/content
- Maliciously impersonating others
- Infringing content
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Gamecake of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Gamecake will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Gamecake reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Gamecake shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, including that Gamecake is not required to provide refunds, benefits or other compensation to users in connection with discontinued elements of the Services or for Virtual Items previously purchased.
Third Party Services: Gamecake may, in its discretion, enable certain functionality that allows you to register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your Gamecake experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Gamecake shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Gamecake is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Gamecake is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Gamecake enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Software: The technology and software underlying or related to the Service is the property of Gamecake, our affiliates and our partners (the "Software"). You will not, directly or indirectly:
- sublicense, sell, assign, distribute, make any commercial use of, use on a timeshare or service bureau, or otherwise generate income from, the Software;
- cause or permit the decompiling, disassembly, or reverse engineering of any portion of the Software, or attempt to discover or permit the discovery of any source code or other operational mechanisms of the Software;
- modify or create derivative works of any part of the Software;
- modify any proprietary rights notices, logos, trademarks or other branding which appear in the Software or user interface thereof;
- interfere or attempt to interfere in any manner with the functionality or proper working of the Software; or
- use any Software in violation of any applicable laws and regulations (including any export laws, restrictions, national security controls and regulations).
Gamecake Videos: Certain functionality of the Services and Software allows you to capture and share mobile gameplay or mobile application use videos (any such videos, including all audio content contained therein or otherwise provided in connection therewith, the "Gamecake Videos"). To the extent Gamecake does not already possess such rights, you hereby grant to Gamecake a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicenseable (through multiple tiers) right and license to distribute, use, copy, modify, make derivative works of, display, perform, monetize, commercialize and otherwise fully exploit Gamecake Videos in any manner in Gamecake's sole discretion. Gamecake has no obligation to make any Gamecake Videos available and may take down any Gamecake Videos at any time for any reason.
Conditions of Use
User Conduct: You understand that all videos, sound, music, graphics, information, data, text, software, photographs, messages or other materials ("content"), including Gamecake contents whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Gamecake, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service, and for all activities that you facilitate via the Service.
User Content Posted on the Site or the Service: By posting or otherwise making available any content on or through the Service ("User Content"), you hereby grant Gamecakea perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicenseable (through multiple tiers) right and license to use, copy, display, transmit, perform, distribute, store, modify and otherwise fully exploit your User Content (other than Gamecake Videos, which are covered above) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
Intellectual Property Rights
Service Content and Trademarks: You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Gamecake, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, including the Gamecake Videos. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited.
Sharing Your Content and Information: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Gamecake (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
Third Party Material: Under no circumstances will Gamecake be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Gamecake does not pre-screen content, but that Gamecake and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Counter-Notice: If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the court in Guangzhou, China and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Gamecake may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Gamecake's sole discretion.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Gamecake has no control over such sites and resources and Gamecake is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Gamecake shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties while using the Service are between you and the third party, and you agree that Gamecake is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Gamecake and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAMECAKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GAMECAKE MAKES NO WARRANTY THAT (I) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GAMECAKE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GAMECAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR SOFTWARE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE. IN NO EVENT SHALL GAMECAKE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GAMECAKE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that you are solely responsible for your interactions with any other user, developer or other third party in connection with the Service, and Gamecake will have no liability or responsibility with respect thereto. Gamecake reserves the right, but has no obligation, to become involved in any way with disputes between you and any third party in connection with the Service.
If anyone brings a claim against us related to your actions, content or information on Gamecake, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Gamecake and are not responsible for the content or information users transmit or share on Gamecake. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Gamecake. We are not responsible for the conduct, whether online or offline, of any user of Gamecake.