Last updated: 2016-03-10
These Terms of Service and all supplemental terms are for the provision of services for Web and mobile applications offered through the Service at the following domain: gameslush.com
These Terms of Service form a legally binding contract between you and the Service. Establishing an account with the Service signifies that:
The Terms of Service define the rules for use by the individual users (hereinafter referred to as the "Users") of interactive services (hereinafter referred to as the "Services") offered by Service Provider through the Internet service at gameslush.com (hereinafter referred to as the "Service").
The Service Provider shall be Code for Thought Corp. of Ontario, Canada.
The services offered by the Service Provider shall consist in providing registered Service Users (hereinafter referred to as "Members") with access to a set of services which when made available, applying for Service membership shall be tantamount to acknowledging and accepting the terms and conditions set forth herein and to be being bound by such terms and conditions each time the Service is accessed.
The Service Provider wishes to communicate that it shall not enter agreements with Service Users or Members on an individual basis. All Service Users and Members who use the services made available by the Service Provider via the Service shall comply exclusively with these Terms of Service.
The Service Provider reserves the right to remove particular options and features from the Service or to modify them where it has legal or technical reasons to do so, or otherwise at the discretion of the Service Provider, including:
The Service Provider shall bear no responsibility for unavailability of the Service. Furthermore, the Service Provider reserves the right to suspend or terminate provision of the services via the Service at any time and for any reason, without prior notice being given to the Service Users and registered Members.
To access a subset of features only made available to registered Members, Users must register for an individual member account with the Service (hereinafter referred to an "Account"). Completing the forms for a new member account constitutes a registration of an Account. Each properly registered Service User becomes a Service Member.
By registering with the Service, each User expressly confirms that he or she is at least 18 years of age, or the age of majority of the person's residence, and thus has the capacity to enter into legal transactions, or is less than 18 years of age, or the age of majority of the person's residence, but uses the Service with the consent of his or her parents or legal guardians.
The Service Provider has no means of ensuring special access to persons suffering from certain kinds of disabilities, such as vision and motor disabilities, who may find it difficult to use the Service. The Service Provider does not guarantee that all the Services can be accessible to those with such disabilities.
If Users provide information regarding their credit cards or other methods of financial payment, they are obliged to make certain that they are fully entitled to use such cards and services and possess sufficient funds to pay all fees due to the Service Provider.
If the information provided by a Member is found to be misleading, incomplete or inaccurate, the Service Provider shall have the right to remove such Member's account from the Service. In such a case, the Member has no right ro raise any claims in relation to the loss of Service membership.
The Service Provider may demand that a Member change his or her password or other personal information in the interest of security or for other important organizational or technical reasons.
The Service Provider reserves the right to remove a Member Account from the Service, if that account has been deemed inactive by the Service Provider.
Certain features provided by the Service may disclose personal information regarding Members to other Users. The Service Provider intends to display such data for informational purposes, and to not purposely expose security risks.
By registering with the Service, each User gives consent to the way the Service Provider may handle his or her personal data.
A Service Member may transfer to the Service Provider other personal data for processing. If a Service Member requests modification or removal of data. it shall be tantamount to a request to remove the User's Account.
By registering with the Service, the Member agrees that his or her name can be displayed by the Service. Other records that are unrelated to the personal identity of the Member can also be displayed by the Service. Other personally identifiable information relating to the member shall not be disclosed to a third party without the Member's express consent, unless they are to authorities or third parties which seek disclosure thereof and which make a legally compliant request for its disclosure.
The Service Provider shall not be responsible for unauthorized access to the Member's Account or for the effects of criminal or other actions by persons making such unauthorized access. It is the responsibility of the Member to ensure that the Password to the Account is properly safeguarded.
All virtual points, virtual forms of currency and statistics shall be the property of the Service Provider. Under no circumstances shall the aforementioned be used outside the Service, exchanged for any means of payment, or traded among the Members or other persons.
The Service Provider reserves the right to cancel the balances in the Members' Accounts. Upon the close down of the Member's Account in the Service for any reason, the balance collected therein shall be cancelled and the Member shall not be entitled to pursue any claims for the cancellation.
Members shall not add any content to the Service or otherwise use the Service for business, advertising or commercial purposes, access the Service or information contained therein for spamming.
Members shall not use unethical methods when using the Service. Any technical means which enable the Members to affect the results of play otherwise than shall be deemed unethical. In particular, the following shall be deemed unethical: use of multiple Accounts, use of software which enable the use of computer hardware or software as an aid, assuming the identity of another Member, intentional loss aimed at gaining competitive edge, unreasonable prolongation of the game, and promising of benefits to other Members for the win or loss. Members shall not take steps which may result in discontinuation or disruption of the Service.
The Service Provider reserves the right to suspend a Member or deny access to the Service or a part thereof, or cancel the Member's statistics in the Account, at any time, for any reason. A person who has been suspended or denied access to the Service shall not sign on to the Service again without a prior consent of the Service Provider.
The Service Provider reserves the right to ban particular IP addresses or specified individualized computer hardware from the Service. Persons affected by the ban shall not be entitled to pursue any claims in connection with the ban.
The Service Member shall be solely responsible for the content added to the Service, including personal data or materials which are or maybe subject to intellectual property rights. The Service Member must ensure his or her content, particularly in publicly shared information such as profiles, chat messages, forum posts, or other publicly received content, must not violate any intellectual property rights, must not violate the application of applicable laws, must not be offensive, threatening, abusive, offensive to religious feelings, pornographic, false, unreliable, or misleading.
The Member acknowledges that the Service Provider may remove from the Service any materials provided by the Service Member for any reason, particularly if it violates the Terms of Service or may damage the reputation of the Service.
The Service Provider represents and the User acknowledges that the Service Provider shall not exert control over or be held liable for the accuracy or suitability of selection of the material made available in the Service by Members or any third parties.
The Service shall be accessed by persons using it at their sole risk. Accordingly, to the extent permitted by law, the Service Provider, its management staff, suppliers and employees shall not bear any responsibility arising from or connected with the Service or materials submitted thereto by the Members or any third parties.
The Service Provider shall not be held liable to the Service users for any, direct or indirect, losses or damages as well as the loss of any data, revenues, or undertakings, however incurred. If Users provide information regarding their credit cards or other methods of financial payment, all transactions following the provision of information are final and not refundable.
All copyright, trademarks, and other intellectual property rights in and relating to the Service are owned by the Service Provider under exclusivity rights. It shall not be permitted to copy, distribute, show publicly or create any derivative work from the Service, or any other material found in the Service, without a prior consent of the Service Provider or Members responsible for contributing the material.
By submitting any material to the Service, Members represent that they are fully entitled to do so, grant the Service Provider non-exclusive, royalty-free and non-terminable license to copy, modify, distribute, show publicly and create derivative work from the material, and authorize the Service Provider to adapt the relevant material in the course of its using, and thus waive their personal rights, and in particular the right to be identified as the authors of relevant material.
The Service Provider reserves the right to assign to a third party or subcontract any or all the rights and obligations under the Terms of Service. The Service Members may not assign or waive rights and obligations under the Terms of Service without a written consent of the Service Provider.
Issues which extend beyond the scope of the Terms of Service shall be governed by the absolutely binding provisions of the law.
The Service Provider reserves the right to amend the Terms of Service from time to time. The amended version of the Terms of Service shall become effective with respect to the entire range of services provided by the Service immediately on the date of posting the amendments to the Terms of Service in the Service, or at a later date determined by the Service Provider, if the amendments concern material provisions of the Terms of Service which may have an adverse effect on the position of the Members. If, following the introduction of the amendments, a Member objects to being bound by the new version of the Terms of Service, he or she should notify the Service Provider about that before the date on which the new version comes into force, and as of that date the Member is obliged to stop using the Service.
The Members' access to the site is at their own initiative and the Members are responsible for their compliance with local laws if and to the extent local laws are applicable. It is the sole responsibility of the User to understand the laws in his or her jurisdiction of residence.
Any disputes resulting in connection with the use of the Service shall be resolved by a court having jurisdiction over of the Service Provider's registered office.