Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Last Updated: March 26, 2014

By using GameLoud or by clicking the “Register” at the end of the GameLoud registration process, you agree to follow our (1) terms and conditions of use; (2) Privacy Policy that can be found at www.gameloud.com/privacy and (3) any other posted guidelines or rules applicable to your use of GameLoud World (collectively, "Rules"). If you are between the ages of 13 and 18, please review these Rules carefully with a parent or guardian before creating a GameLoud account. If you do not agree to any of our Rules, please stop using our Site immediately. We may update our Rules from time to time; the most recent Rules will be posted on this Site. Please review our Rules frequently to ensure that you are aware of any changes to them. If we update the Terms and Conditions, the "Last updated" line above will be revised. If you continue using our Site following the posting of changes to our Rules, it means you accept those changes.

This Site is operated by LincStar Technologies, LLC. When we say "GameLoud," "we," "our" or "us," that means LincStar Technologies, LLC. When we say "you" or "your" that means you and anyone else authorized to use your GameLoud account. If you have any questions regarding this Site please contact us by email.

A. USE OF THIS SITE

This Site is only for your personal use. You may not use this Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

All information, materials, functions and other content (collectively, "Content") contained on this Site are our intellectual property or the intellectual property of our licensors or licensees. We may change this Site or delete Content or features at any time for any or no reason.

You may not use, reproduce, transmit, distribute or otherwise exploit Content on this Site in any way,except where this Site specifically allows the download of particular Content. If download of Content is allowed, you may download one copy of such Content to a single device for your personal, noncommercial, home use only, provided you do not: (a) remove copyright and other proprietary notices,(b) modify the Content, or (c) use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of this Site is prohibited.

B. REGISTERING FOR GameLoud

Some of the features on this Site permit or require you to create a GameLoud account to participate in certain features. With a registered GameLoud account, you will have the opportunity to earn Points, to redeem earned Points for merchandise, and to participate in special contests and sweepstakes.

Please remember that you are responsible for the security and confidentiality of your password and account, and for all use of your GameLoud account. You should protect and keep your account details secret at all times. You agree to provide, maintain, and update true, accurate, current and complete information about yourself and your account members as prompted by our registration processes. You agree not to impersonate any person or misrepresent your identity or affiliation with any person, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. In addition, you agree to log off from your GameLoud account at the end of each session.

You must notify us immediately if you become aware of any unauthorized use of your GameLoud account or any other breach of security relating to your account. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of this Site.

Please note that we may provide user account, content or use records, and related information under certain limited circumstances, such as in response to legal process, actions, proceedings, orders, subpoenas, or warrants; to enforce our Rules; or to protect our rights, customers or business.

1. Am I Eligible to Join GameLoud?

To register as a GameLoud member, you must be a resident of the United States or Canada. We will be adding additional countries in the future, please stay tuned for more information.

If you're under 13 years old, you cannot create an account.

2. What are some of GameLoud’s rights as to my GameLoud Account?

We may take action against and/or terminate the account of anyone who supplies false information when registering, impersonates other users, or uses an account that isn't his or her own. You agree not to use any robot, spider, scraper or other automated means to access this Site for any purpose. Additionally, you agree not to: (i) take any action that we determine in our sole discretion imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;(ii) interfere or attempt to interfere with the proper working of the Site or activities conducted on this Site; or (iii) bypass any measures we use to prevent or restrict access to this Site.

3. How does GameLoud protect and use my personal information?

We work hard to protect your privacy - and you should, too. To learn about how we collect and use your personal information, and how we look after it, please read our full Privacy Policy at www.gameloud.com/privacy.

C. GameLoud REWARDS

1. How do you earn GameChange?

GameChange is the name of our points system. GameChange can be used to earn exclusive rewards available only through the GameLoud platform.

GameLoud allows you to earn "GameChange" which can later be redeemed for merchandise. Only registered GameLoud members can earn GameChange. GameChange may be earned by registering as a GameLoud member and participating in specified online interactions with us, such as logging into the site daily. The activities for which GameChange can be earned, and the number of GameChange earned, may change from time to time.

2. How do you check your account status?

You can check the status of your GameLoud account and GameChange earned by logging in to your account.

3. How can GameChange be redeemed?

The GameChange you earn can be redeemed for merchandise in the GameLoud Rewards Booth at the time of redemption. However, not all merchandise in the GameLoud Store may be available. We may change the GameLoud Rewards Booth at any time without prior notice.

Some of the merchandise in the GameLoud Rewards Booth may only be available for a limited time or in a limited quantity. Limited rewards will be available on a first come first serve basis.

We may replace or withdraw merchandise in the GameLoud Rewards Booth at any time.

We are not responsible for any taxes or other fees or costs that may be assessed as a result of your earning or redeeming GameChange.

We will only ship merchandise to an address in the continental United States, Hawaii, Alaska, US territories, APO and FPO addresses, or Canada.

4. When does my GameChange expire?

Points do not expire at this time.

5. Can I return or exchange my merchandise?

No, once you redeem your GameChange for merchandise you cannot return or exchange your merchandise unless the merchandise is broken or defective. If available, your broken or defective merchandise will be exchanged for the same merchandise.

D. MISUSE OF GameLoud

You may not:

  • Register more than once as a GameLoud member;
  • Make use of GameChange in any way other than for your own or members of your Account's personal use —in particular, you may
  • Not sell, buy or auction GameChange or transfer GameChange to another account;
  • Use or promote illicit technical aids in order to earn GameChange, for example, to create, offer, distribute or use software programs or other means that alter GameLoud apps in any way; or sell merchandise.

If we believe in our sole discretion that you misused GameLoud in any way, we may refuse the redemption of GameChange and delete your GameLoud account, including the GameChange you have earned.

E. THIRD-PARTY WEBSITES

You should be aware that when you are on our Site, there may be links to other sites that take you outside of our Site to websites that we do not control. For example, there may be links to content partners that use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of these links: (a) the sites you are taken to are not controlled by us; (b) different terms and conditions of use and privacy policies may apply, and (c) we are not responsible for such sites. We do not endorse and cannot ensure you will be satisfied with products or services that you purchase from a third-party site that links to or from our Site, or third-party content contained on our Site. We are not responsible for the accuracy,relevance, legality or decency of material contained on sites linked from our Site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

F. CHANGES TO OR TERMINATION OF GameLoud

We may change or terminate GameLoud at any time, with or without notice to you. If we decide to provide notice of the change or termination, we may post information about the change or termination on this Site or we may send you an email at the last email address you provided us. If we terminate GameLoud, we will set a fixed time limit for you to redeem the GameChange you earned up to the time of termination. After such time, your GameLoud account including all unredeemed GameChange will be deleted.

G. DISCLAIMERS

THE CONTENT ON OR RELATED IN ANY WAY TO THIS SITE (INCLUDING, BUT NOT LIMITED TO THE GAMECHANGE OR THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE) AND MERCHANDISE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS,AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT OR REWARD WILL BE ERROR-FREE, THAT ACCESS WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE APPLICATIONS OR MERCHANDISE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY APPLICATIONS OR MERCHANDISE. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND REWARDS AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

ANY STATEMENTS ABOUT MERCHANDISE ARE OF A PURELY DESCRIPTIVE NATURE AND CREATE NO LEGAL OBLIGATIONS. THE SAME ALSO APPLIES TO STATEMENTS MADE OR GIVEN BY THIRD PARTIES REGARDING MERCHANDISE. IN THE EVENT OF ANY PROBLEM WITH THE MERCHANDISE REDEEMED THROUGH GameLoud, YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS OR SERVICES.

THIS SITE MAY CONTAIN THE OPINIONS AND VIEWS OF THIRD PARTIES, INCLUDING OTHER USERS. WE DO NOT ENDORSE, GUARANTEE, AND ARE NOT RESPONSIBLE FOR ANY CONTENT GENERATED BY THIRD PARTIES OR OUR OTHER USERS.

H. LIMITATIONS ON OUR LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE, OUR LICENSORS OR LICENSEES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM(A) THE USE, OR INABILITY TO USE, THIS SITE OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER,OR THE DOWNLOAD OF ANY CONTENT FROM THIS SITE; (B) THE USE OR INABILITY TO USE POINTS OR APPLICATIONS; OR (C) THE ONLINE OR OFFLINE CONDUCT OF ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID, IF ANY, OR $25 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES,OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR REASONABLE CONTROL.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

I. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username, password, and your account,as well as all activities that occur under your account. You agree to indemnify, defend, and hold us, our licensors, licensees, agents, representatives and other authorized users, and each of our respective officers,directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Rules or claims arising from your use of this Site and/or your GameLoud account. You will use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

J. GENERAL

1. Release

ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE RULES ORTHIS SITE MUST BE BROUGHT AGAINST US WITHIN ONE (1) YEAR AFTER YOUR CLAIM AROSE; OTHERWISE, YOU MAY NO LONGER BRING YOUR CLAIM.

2. Governing Law

The laws of the state of New Jersey apply to these Rules. You consent to the exclusive jurisdiction of the state and federal courts located in Trenton, New Jersey.

3. Severability

If any part of these Rules is determined to be unlawful, void or for any reason unenforceable, then that part will be stricken from these Rules, and the rest of the Rules shall remain intact.

4. Entire agreement

These Rules are the entire agreement between you and us and replace any prior understandings or agreements between us of any kind.

5. Waiver

Failure to enforce any provisions of these Rules shall not result in the waiver of any other provision of the Rules.

SOCIAL MEDIA CONTEST TERMS & CONDITIONS

  1. The promoter is GameLoud whose registered office is at 812 Route 9 S Freehold, NJ 07728
  2. Employees GameLoud or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
  3. There is no entry fee and no purchase necessary to enter this competition.
  4. No responsibility can be accepted for entries not received for whatever reason.
  5. The rules of the competition and the prize for each winner are as follows:
    1. Follow GameLoud and the artist depicted on their respective social media name.
    2. Regram/retweet/share the particular image/post
  6. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
  7. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
  8. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  9. The winner will be notified by email and/or letter on the day of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
  10. The promoter will notify the winner when and where the prize can be collected.
  11. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
  12. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  13. The competition and these terms and conditions will be governed by [US] law and any disputes will be subject to the exclusive jurisdiction of the courts of [The US].
  14. The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [US] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
  15. Entry into the competition will be deemed as acceptance of these terms and conditions.
  16. The artist is not personally liable for anything related to this contest.
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