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TERMS OF USE
Welcome to Goldleaf Games. We provide services to you under the following
terms of use, which we may update from time to time without notice to you.
By using this site you agree to these terms of use. Please read these Terms
of Use carefully before using Goldleafgames.com. Your continued use of
Goldleafgames.com indicates your agreement to be bound by these terms of
service in effect at the time of such use. The term "Goldleafgames.com"
used in these terms of use means Goldleafgames.com and Goldleaf Games, LLC.
COPYRIGHT
All content included on this site, such as animations, text, graphics, logos, icons, photos, products, audio clips, digital
downloads, data compilations, and software, is the property of Goldleafgames.com or its content suppliers and is protected
by United States and international copyright laws. The compilation of all content on this site is the exclusive property of
Goldleafgames.com and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate
in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another
web site, or in any other way exploit any of the content, in whole or in part without the specific permission of Goldleafgames.com.
RISK OF LOSS
All items purchased from Goldleafgames.com are made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the carrier.
MEMBER CONDUCT
You agree that any information you provide to Goldleafgames.com is truthful and accurate. You agree to not use Goldleafgames.com
to upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of
any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit or post
to or through the site; that the content is accurate; that use of the content you supply does not violate these terms of use
and will not cause injury to any person or entity; and that you will indemnify Goldleafgames.com for all claims resulting
from content you supply. By submitting Content to any "Public Area" (e.g. public chat rooms, Discussion Groups,
etc.) or responding to a request for Content from Goldleafgames.com (game download, word documents, etc.) you automatically
grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such content (in whole or part) worldwide and or to incorporate it in other works in any form, media, or technology
now known or later developed for the full term of any Rights that may exist in such content.
You acknowledge that Goldleafgames.com does not pre-screen content submitted by members, but that Goldleafgames.com shall
have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via
Goldleafgames.com by any user that violates these terms of service or is otherwise objectionable. You also acknowledge and
agree that Goldleafgames.com may preserve content and may also disclose content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these
terms of service; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Goldleafgames.com, its users and the public.
Goldleafgames.com grants you a limited license to access and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with express written consent of Goldleafgames.com, or where
expressly permitted. You agree not to use or resell Goldleafgames.com or the services it provides for any commercial purpose,
including, but not limited to, sending unsolicited commercial messages.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL GOLDLEAFGAMES.COM BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS
IN THIS SITE, EVEN IF GOLDLEAFGAMES.COM OR A GOLDLEAFGAMES.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GOLDLEAFGAMES.COM'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOLDLEAFGAMES.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
GOLDLEAFGAMES.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GOLDLEAFGAMES.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GOLDLEAFGAMES.COM) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
PRODUCT INFORMATION DISCLAIMER
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications
with you. Occasionally, information on Goldleafgames.com may contain typographical errors, inaccuracies, or omissions that
may relate to product descriptions, pricing, and/or availability. Goldleafgames.com reserves the right to correct any errors,
inaccuracies or omissions and to change or update information at any time without prior notice, including after your order
has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order
has been submitted. We apologize for any inconvenience this may cause you.
PRIVACY
Any information you provide to us is subject to our Privacy Policy.
What Personal Information About Customers Does Goldleafgames.com Gather?
Email addresses.
Shipping addresses.
Payment information.
Does Goldleafgames.com Share the Information It Receives?
Only for the following:
Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders,
delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data,
processing credit card payments, and providing customer service. They have access to personal information needed to perform
their functions, but may not use it for other purposes.
Protection of Goldleafgames.com and Others: We release account and other personal information when we believe release
is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights,
property, or safety of Goldleafgames.com, our users, or others. This includes exchanging information with other companies
and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise
disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set
forth in this Privacy Notice.
UNSOLICITED SUBMISSIONS
Goldleafgames.com welcomes comments regarding its products and services. However, Goldleafgames.com's policy is not to
accept or consider game related ideas, suggestions or materials other than those it has specifically requested. We hope you
will understand that the intent of this policy is to avoid misunderstandings when projects developed by Goldleafgames.com's
staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite
our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively,
the "Information"), the Information shall be deemed, and shall remain, the property of Goldleafgames.com. None of
the Information shall be subject to any obligation of confidentiality on the part of Goldleafgames.com and Goldleafgames.com
shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises
out of the copyright or patent laws of the United States.
NOTICE
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the terms of service
or privacy policy by displaying notices or links to notices to you generally on Goldleafgames.com.
TERMINATION
This agreement will terminate immediately without notice from Goldleafgames.com if in Goldleafgames.com's sole discretion
you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained
from Goldleafgames.com and all copies thereof, whether made under the terms of this agreement or otherwise.
DISPUTES AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect
to any principles of conflicts of law. Any dispute relating in any way to your visit to Goldleafgames.com or to products you
purchase through Goldleafgames.com shall be submitted to confidential arbitration in Lawrence, Kansas, except that, to the
extent you have in any manner violated or threatened to violate Goldleafgames.com's intellectual property rights, Goldleafgames.com
may seek injunctive or other appropriate relief in any state or federal court in the state of Kansas, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings
or otherwise, and you agree that you will not participate as a class member or class representative in any action against
Goldleafgames.com.
MISCELLANEOUS
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.
This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in
writing, signed by both parties.
Goldleafgames.com makes no representation that materials in the site are appropriate or available for use outside the
United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all
applicable United States export controls.
COPYRIGHT AGENT
Goldleafgames.com respects the intellectual property of others. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact
Goldleafgames.com's Copyright Agent and provide the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's
behalf.
Please send your copyright information to:
Copyright Agent
Goldleaf Games, LLC
PO BOX 804
Lawrence, KS 66044
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