Terms of Service
Your access to and use of the G5 Entertainment AB (“G5”) web site www.g5e.com (the “Site”), as well as any and all games and/or apps licensed to customers by G5 via the Site or third party providers (the “Games”), is subject to the following terms and conditions ("Terms and Conditions"), all terms and conditions of any agreement provided by any third party provider, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and G5 are superseded and of no force or effect:
- The Site, all Games, and all materials contained in the Site and any Games are maintained for your personal entertainment and information. Subject to your compliance with these Terms and Conditions, G5 hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, and use the Site and the Games solely for your personal and non-commercial purposes. No material from the Site or any Game may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of the copyright and other proprietary rights of G5 and the artists who created the materials. You may not distribute, modify, transmit or use the content of the Site or any Game, including any and all graphics and/or sound files, for public or commercial purposes without the express written permission of G5. You acknowledge and agree that, with regard to any Game downloaded from a third party provider (such as Apple, Google/Android, Amazon, etc.), even though G5 is not a party to any license between you and such third party, G5 shall be a third party beneficiary of such third party’s end user license agreement. You also agree that, as a third-party beneficiary to any such end user license agreement, G5 shall have the right to enforce such license against you.
- All Games, text, data, graphics files, sound files and other materials contained in the Site and/or promoted or made available on the Site are copyrighted unless otherwise noted and are the property of G5 and/or a supplier to G5. No such materials may be used except as provided in these Terms and Conditions.
- All trade names, trademarks, and images and biographical information of people contained in the Site and/or any Games are either the property of, or used with permission by, G5. The use of these materials by you is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of these materials may violate the copyright, trademark, and other proprietary rights of G5 and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement, and Game, or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the owner thereof.
- Any and all virtual goods and/or virtual currency provided by the Site or as part of any Game are provided solely for your personal entertainment and use solely as part of your use and enjoyment of the Site and/or any applicable Game or Games. Their use is subject to these Terms and Conditions as applicable. All virtual goods and virtual currency are licensed to you, are not your personal property, and no ownership interest in them is transferred to you. The prices charged and the quantities made available, as well as the kinds of virtual goods and virtual currencies made available, may be changed by G5 at any time and with or without notice in it sole discretion. Any and all such virtual goods and virtual currency may also be changed or discontinued at any time with or without notice by G5 in its sole discretion. No virtual goods or virtual currency may ever be redeemed by you for money, services, merchandise, or other goods or items of monetary value from G5 or any other third party.
- While G5 uses reasonable efforts to include accurate and up to date information in the Site, as well as the Games, G5 makes no warranties or representations as to its accuracy. G5 assumes no liability or responsibility for any errors or omissions in the content of the Site and/or any Game.
- When you register with G5 and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from G5. You consent to receive notices electronically by way of transmitting the notice to you by email.
- If you send comments or suggestions about the Site and/or any Game to G5, including, but not limited to, notes, text, drawings, images, designs or computer programs, to G5, such submissions shall become, and shall remain, the sole property of G5. No submission shall be subject to any obligation of confidence on the part of G5. G5 shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
- G5 shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site and/or any game. Use of the Site and/or any Game is completely at your own risk.
- NEITHER G5 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY GAME SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION ANY AND ALL GAMES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. G5 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. G5 DOES NOT WARRANT THAT USE OF THE MATERIALS, INCLUDING THE GAMES, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ANY GAME, OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. G5 SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Apple’s iTunes or AppStore). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
- IN CASE OF A MALFUNCTION OR DISRUPTION OF SERVICE FOR WHICH G5 IS RESPONSIBLE THAT PREVENTS YOU FROM COMPLETING THE GAME IN WHICH YOU HAVE BEGUN TO PARTICIPATE, G5 WILL ALLOW YOU TO RE-INSTALL SUCH GAME AND/OR ANY RELATED VIRTUAL GOOD AT NO CHARGE. G5 MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR THAT UNFINISHED GAME AND/OR ANY AFFECTED VIRTUAL GOOD ONLY OR A PRO-RATA PORTION THEREOF. G5 SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PURCHASE OF ANY GAME AND/OR VIRTUAL GOOD OR VIRTUAL CURRENCY REGARDLESS OF THE REASON FOR DISRUPTION. G5 MAY ALSO REFUSE ANY SUCH REFUND FOR ANY SERVICE OR GAME FOR WHICH YOU ARE NOT CHARGED ANY INITIAL FEE. G5 SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEB SITE OR THIRD PARTY SERVICE PROVIDER (including, for example, Apple’s iTunes or AppStore). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. G5 RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER G5 IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. G5 ALSO RESERVES THE RIGHT TO LIMIT YOUR PLAY OR TERMINATE YOUR ACCOUNT SHOULD G5 DETERMINE THAT YOU ARE RESPONSIBLE FOR SUCH TERMINATION OF SERVICE, THAT YOU HAVE OTHERWISE VIOLATED THESE TERMS AND CONDITIONS, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF G5. G5 RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR G5’S PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. You agree that this limitation of liability as well as any damage exclusions provided above shall apply even if any remedy provided to you fails of its essential purpose.
- You agree to indemnify and hold G5 and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site, any Game, or any services that G5 may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. G5 reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide G5 with such cooperation as is reasonably requested by G5.
- The provisions of these Terms and Conditions are for the benefit of G5, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- These Terms and Conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.