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GAME SERVER SERVICES TERMS OF SERVICE (US USERS)

Last Updated: 2023-01-13

Introduction

These Terms of Service (“Terms”) are a legal agreement between you (a gaming developer) and Game Server Services, Inc. (“GS2,” “we,” “us,” “our,” or the “Company”) that governs your access to and use of app.gs2.io (the “Site”) and any of the services or products (“Services”) offered on the Site. References made to “user,” “you,” and “your” mean those online game and entertainment developers including any person or legal entity that visits, accesses, browses, registers or otherwise uses our Site or Services for purposes of developing, implementing, or offering online gaming and entertainment programs (“Developer”). Please read these Terms carefully. By using the Site or Services, you agree to be bound by these Terms.

Changes To These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of the Site and our Services thereafter. However, any changes to the Governing Law sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within the Site.
Your continued use of the Site and our Services after 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.

Age Requirements

You represent and warrant that you are at least eighteen years of age, and have the right, authority, and capacity to accept and agree to these Terms. If you are under age eighteen or are otherwise unable to accept and agree to these Terms, you may not use the Site or our Services. If we discover or have any reason to suspect that you are not at least eighteen years of age or otherwise unable to accept and agree to these Terms, we reserve the right to suspend or terminate your access to the Site or Services immediately and without notice.

Product Description

Prices, descriptions or availability of Services on our Site are subject to change without notice. While descriptions of our Services on this Site are presented to you with the greatest accuracy technically possible, representation on this Site or Services through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.

User Obligations

Payments. Fees, payments, and any additional requirements and user obligations to use our Services will be specified by GS2 on the Services Fee Schedule posted on our website. You agree to pay all fees in a timely manner and in the method indicated in your order form. Late payments will be subject to a 3% fee calculated on a yearly basis and are due to GS2 in addition to any payment amounts specified in your order form. Except in cases of verified fraud, GS2 will not refund you, in whole or in part, for any payments that have been processed in accordance with your order form.
Your Account. As part of our Services, you must have a user account (the “Account”) which will establish your registration with us and record your payments, transactions, and other attributes of your use of our Services.
Account Security. You are responsible for the use and management of your Account username, password, and any GS2-issued API keys (“Account Information”). You shall not allow any third party to use your Account Information and shall not otherwise transfer your Account to another user without advance written approval from GS2. You are liable for any actions taken by your Account.
Infringement Notification. In the event the user learns that a third party may or has infringed on GS2’s right to the Services, the user shall immediately notify GS2 to that effect, and cooperate with GS2 to the extent that is it reasonable to eliminate the infringement.

Prohibited Acts

You may use our Site and Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site and our Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• With the Account Information of another user;
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, Account Information or otherwise;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate GS2, a GS2 employee, a GS2 donor, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing;
• To host, transmit, or display any information that GS2 finds, at its sole discretion, reasonably inappropriate; and
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm GS2 or users of the Site, or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• Use any device, software or routine that interferes with the proper working of the Site and Services;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site or Services; or
• Otherwise attempt to interfere with the proper working of the Site.
GS2 has the right to investigate any suspected prohibited acts without obtaining consent from the user. GS2 may, in its sole authority, cancel or suspend any Account associated with a suspected unauthorized use of the Site or Services. GS2 will have the right to recover any damages caused by user’s violation of these Terms of Service and in accordance with applicable law.

Account Suspension or Termination

GS2 may terminate any Account at its sole discretion. Upon termination of an Account, GS2 will notify the user of the terminated Account by any method of communication GS2 deems appropriate under the circumstances.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the GS2, its licensors, or other providers of such material and are protected by United States and/or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Site or Services for your personal, non-commercial use, or as part of your commercial activity, in either case consistent with these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or resell or provide access to our Services to any third parties.
You must not:
• Modify copies of any materials from the Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
You must not access or use for purposes other than the purposes permitted herein any part of the Site or any Services or materials available through the Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: contact@gs2.io.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Services in breach of the Terms of Service, your right to use the Site and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, our Services, or any content on the Site or Services is transferred to you, and all rights not expressly granted are reserved by GS2. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
GS2 may utilize user’s name and registered trademarks for the purpose of advertising and promoting GS2’s Services before and after the termination of any agreement between GS2 and the user.

Game Currency

As part of your usage of our Services, you may issue or distribute value, tokens, digital items, digital cash or digital currency (collectively referred to as “Game Currency”) to your customers or players participating in your programs. Such Game Currency is provided solely by you, as Developers, and you warrant and represent that Game Currency is usable solely in-game for gaming and entertainment purposes and is not redeemable for cash or usable as a medium of exchange. No Game Currency is permitted to be held in your Account. You agree that GS2 does not and cannot hold, control, or transfer any Game Currency. Any and all questions, issues or concerns regarding Game Currency is strictly between you and your customers or players. You hereby agree to indemnify and hold harmless GS2 from and against any and all claims, inquiries, complaints, concerns, losses or damages whatsoever arising out of in connection with your issuance and distribution of Game Currency.

Feedback

If you provide GS2 with any comments or suggestions for improvements (“Feedback”) to the Site or our Services, you hereby irrevocably assign to GS2 all right, title and interest in and to the Feedback without restriction or any obligation of compensation. GS2 shall have all intellectual property rights in or relating to any communications you send to GS2 and may use such communications for any purpose in its sole discretion.

Links from the Website

If the Site contains links to other sites and resources provided by users or other third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the user or third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Privacy

When you use or access the Site you authorize us to automatically collect information about you, your use of the Site and to use transmit, process, and store that information in accordance with our US Privacy Notice, which can be found at [https://gs2.io/privacy.html].

Disclaimer of Warranties

You understand that GS2 cannot and does not guarantee or warrant that files available for downloading from the internet, Site or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH GS2 REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, GS2 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using this Site or our Services, you agree that all matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Japan without giving effect to any choice or conflict or law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Site or our Services shall be instituted exclusively in the Tokyo District Court. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Service Interruption; Force Majeure
To ensure the best possible service level, GS2 reserves the right to interrupt the Site and Services for maintenance or any other changes.
Within the limits of law, GS2 may also decide to suspend or terminate the Site or Services altogether. If the Site or Services are terminated, the GS2 will cooperate with you to enable you to withdraw personal information in accordance with applicable law.
Additionally, the Site or Services might not be available due to reasons outside GS2’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns, blackouts or other similar events).

Waiver

No waiver of or by GS2 of any term or condition set forth in these Terms of Service will 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 GS2 to assert a right or provision under the Terms of Service will not constitute a waiver of such right or provision.

Entire Agreement

The Terms of Service, the Services Fee Schedule, and any order forms you complete constitute the sole and entire agreement between you and GS2 with respect to the Site and GS2’s Services and will supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and Services.

Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Your Comments and Concerns

This website is operated by:
https://gs2.io
All notices of intellectual property infringement claims, feedback, comments, requests for technical support and other communications relating to the Site should be directed to the following e-mail address: contact@gs2.io.