Welcome to GamersHaven. These Terms and Conditions ("Terms") govern your use of the GamersHaven website, forum, and services (collectively, the "Services"), and any content, features, or functionality offered on or through the Services.
Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.
1. Acceptance of Terms
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our Services after the posting of the revised Terms constitutes your acceptance of the changes.
2. Eligibility
To use our Services, you must be at least 13 years old. If you are under 18 years old, you must have the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using our Services, you represent and warrant that:
- You are at least 13 years old
- If you are under 18, you have obtained parental consent to use our Services
- You have the right, authority, and capacity to enter into these Terms
- You will use our Services in accordance with all applicable laws and regulations
3. User Accounts
Account Creation
To access certain features of our Services, you must create an account. When creating an account, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Security
You agree to:
- Choose a strong password and keep it confidential
- Maintain the security of your account
- Immediately notify us of any unauthorized use of your account or any other breach of security
- Ensure that you log out from your account at the end of each session
We will not be liable for any loss or damage arising from your failure to comply with these account security obligations.
Account Termination
We reserve the right to disable or terminate your account, remove or discard any content within your account, or block your access to our Services at any time, with or without notice, if:
- You breach these Terms
- We are required to do so by law
- We determine, in our sole discretion, that providing you with access to our Services creates legal risk or could harm other users or the public
4. User Conduct and Community Guidelines
Our community thrives on respectful and constructive interaction. As a user of our Services, you agree not to:
Prohibited Conduct
- Use our Services for any illegal purpose or in violation of any local, state, national, or international law
- Harass, abuse, threaten, or intimidate other users
- Post or transmit any content that is defamatory, obscene, pornographic, vulgar, offensive, fraudulent, or that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt the Services or servers or networks connected to the Services
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services
- Use data mining, robots, scraping, or similar data gathering methods
- Post spam, chain letters, pyramid schemes, or engage in other disruptive or unsolicited communications
- Promote or advertise products or services without appropriate authorization
Forum and Comment Guidelines
When participating in discussions on our forum or comment sections, users should:
- Be respectful and constructive in your communications
- Stay on topic and contribute meaningfully to discussions
- Consider the audience and use appropriate language
- Respect the privacy of others
- Provide sources for factual claims when necessary
- Accept and provide constructive criticism
Reporting Violations
If you encounter content or behavior that violates these guidelines, please report it to our moderation team using the report feature or by contacting us at moderation@gamershaven.com.
Enforcement
We have the right, but not the obligation, to monitor all conduct on and content submitted to our Services. We reserve the right to review, remove, or disable access to any content at any time and without prior notice. We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason, including breach of these Terms.
5. User Generated Content
Content Ownership
Our Services allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You retain ownership rights in your Content. However, by posting Content on our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed.
Content Responsibility
You are solely responsible for the Content you post on or through our Services. By posting Content, you represent and warrant that:
- You own the Content or have the right to use and authorize us to use the Content
- The posting of your Content on or through our Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity
- The Content does not contain viruses, adware, spyware, worms, or other malicious code
Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, in our sole discretion, consider to be: objectionable for any reason, in violation of these Terms, or otherwise harmful to our Services or users.
DMCA Compliance
We respect the intellectual property rights of others and expect users of our Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity
- Your contact information, including your address, telephone number, and an email address
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Our designated copyright agent for notice of alleged copyright infringement is: copyright@gamershaven.com
6. Intellectual Property Rights
Our Intellectual Property
The Services and their original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of GamersHaven and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GamersHaven.
Feedback
If you provide us with any feedback or suggestions regarding our Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
7. Disclaimer of Warranties
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GAMERSHAVEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GAMERSHAVEN MAKES NO WARRANTY THAT:
- THE SERVICES WILL MEET YOUR REQUIREMENTS
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
- ANY ERRORS IN THE SERVICES WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMERSHAVEN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT SHALL GAMERSHAVEN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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 MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless GamersHaven, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your Content or use of the Services
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any claim that your Content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of the Services.
10. Termination
Termination by You
You may terminate your account at any time by following the instructions on our Services or by contacting us at support@gamershaven.com.
Termination by Us
We may terminate or suspend your account and access to all or part of the Services, immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
Effects of Termination
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upon termination, any licenses granted to you in these Terms will terminate. Your Content may remain on our servers and may be visible to other users, depending on the nature of how it was shared. We may, but are not obligated to, delete any of your Content upon termination.
11. Changes to Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If we make material changes to these Terms, we will provide notification through our Services or by other means, such as email, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account.
12. Governing Law and Dispute Resolution
Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Time Limitation
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and GamersHaven concerning your use of the Services.
Waiver
No waiver by GamersHaven of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GamersHaven to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GamersHaven without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Force Majeure
GamersHaven shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GamersHaven's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.